Terms of Service

1. The agreement

These Terms of Service (the "Terms") are a legal and binding agreement between Airfive Inc. ("Airfive", "we", "us", or "our"), the parent legal entity that owns and operates airfive, and you — or, if you are representing an employer or client, that employer or client ("you" or "Customer"). airfive is a brand and product of Airfive Inc., so every reference to airfive in these Terms means Airfive Inc. These Terms govern your use of the airfive website (https://airfive.com), the airfive chat widget and dashboard, the automatic fix features, and all related services (collectively, the "Services").

We may update these Terms at any time by posting the changes on our website or by providing another form of notice. We will strive to give at least 14 days' notice before changes take effect. Your continued use of the Services is subject to the most current version of the Terms posted at that time.

2. Definitions

"Airfive Inc." ("Airfive") is the parent legal entity that owns and operates airfive, and "airfive" is its product and brand name. "Service" means the airfive application hosted on servers and cloud infrastructure we designate, which you access and use remotely. It includes features such as the embeddable support chat widget, AI-generated answers to your visitors' questions, the owner inbox, answer and notification emails, GitHub code connection, and optional automatic bug fixes committed to your connected repository. "Data" means any electronic data, personal or otherwise, collected, managed, processed, or shared by you and us through the Services. "Intellectual Property Right" covers all patents, trademarks, designs, and copyrights, including software, source code, graphic interfaces, and related documentation. "Operating Policies" are the operational rules and guidelines we follow in running the Service, including our Privacy Policy, as updated from time to time and incorporated here by reference.

We reserve the right to modify, adapt, or rearrange any components of the Service or its documentation, and to migrate the Service to new infrastructure. In that case we will endeavor to inform you promptly.

3. Support and service levels

We commit to using reasonable efforts, consistent with prevailing industry standards, to keep the Service available and performing as described. We do not guarantee that every question will be answered correctly or that every bug can be fixed automatically.

The owner of each workspace is responsible for handling first-level questions from their own team members. We provide second-level support to workspace owners and administrators. To open a support request, email jeremy@airfive.com with a detailed description of the issue.

4. Use of the Services

4.1 Usage guidelines. You must follow these Terms and the Operating Policies, and you are responsible for making sure every user on your account does the same. You must not disrupt or interfere with the operation of the Service. You subscribe to the Services for your own business use; you may not resell or provide the Services to third parties without a separate written agreement with us.

4.2 Account security. When creating your account you must provide accurate information, including a valid email address. You are responsible for the consequences of incorrect or false information. Keep your credentials confidential and tell us immediately about any unauthorized use of your account. Each account is personal to you and the users you authorize. You may not share your login credentials with anyone; teammates must be added through workspace invitations so each person has their own login and permissions. Anyone signing in with your credentials can act as you — including editing code, accessing conversations, and changing settings — and all activity under your account is treated as authorized by you. You may be held liable for illegal, improper, or fraudulent use of your account, and you agree to indemnify and hold us harmless from claims arising from such use.

4.3 Content responsibility. You bear sole and complete responsibility for the data, code, widget messages, screenshots, and other content you upload or create through the Service ("Content"), even if provided by a third party. You warrant that your Content will not infringe any third party's rights, contain viruses or malicious software, include illegal, harassing, libelous, abusive, threatening, or obscene material, contain sensitive personal information such as social security numbers, health information, or full payment card numbers, be false or misleading, or violate the Operating Policies. We may — but are not obligated to — monitor the Service and remove Content or block activity we reasonably believe is unlawful. We are not liable for any loss or destruction of Content; you are responsible for your own backups.

4.4 Code, fixes, and publishing. You are responsible for the code in any repository you connect and for reviewing and publishing changes. Automatic fixes are optional and off by default; airfive commits only to repositories you connect, and nothing goes live until you publish it. We cannot publish, deploy, or roll back changes on your behalf, so you must review every fix, prompt, and commit before you publish it. You are solely responsible for any errors, bugs, incompatibilities, security issues, or other defects in code that airfive drafts, commits, or suggests, and for everything that happens once you publish — including downtime, data loss, or damage to your app. You must only connect repositories you have the right to modify, and you are responsible for keeping backups of your code; we are not responsible for any loss of or damage to your repository. If a fix causes problems, you can revert the commit using your version control; we are not obligated to fix, revert, or compensate for it.

4.5 Your visitors. You are responsible for informing visitors to your app that the airfive widget processes their messages, screenshots, and email addresses, and for complying with privacy laws that apply to your app.

4.6 Fair use. We apply a fair use policy to prevent abuse and keep the Service sustainable. Conversations, emails, and automatic fixes are limited to the allowances included with your plan, and we may apply rate limits to protect the Service. The Free plan includes 25 conversations per app each calendar month. Pro plans comfortably support normal app operations; however, sustained volumes of hundreds of conversations or reported issues per app in a calendar month, or usage that otherwise represents a disproportionate amount of AI processing, fall outside standard fair use. In those cases, we may kindly reach out and ask you to move that app to a larger custom tier, priced within reason to reflect your actual volume. Excessive automated requests (for example, sustained volumes such as 1,000+ requests per minute), accessing any interfaces other than those provided to run the Service as intended, or sharing team features with people outside your organization may result in throttling, suspension, or termination. If your support requests represent 2% or more of all support tickets for a given period, you may be asked to pay for a support plan or one-on-one sessions, or risk losing access to support.

4.7 Data portability. The Service is designed for use inside the platform. Conversations, answers, fix history, and other workspace data are not exportable or downloadable from the Service, except where we explicitly provide that capability.

Violations of these Terms may lead to immediate termination from the platform without any prorated refund and without any liability on our part.

5. Compliance with the law

You must comply with all applicable laws and regulations in any country from which you access the website or use the Service. You shall indemnify and hold us harmless from any action, judgment, or loss we incur as a result of your non-compliance, and you agree to reimburse us for actions we are required to take to comply with a legal demand related to your use of the Service. If you become aware of any violation of these Terms or of any law — including a security breach — notify us immediately at jeremy@airfive.com.

6. Subscription plans

airfive offers a Free plan at no cost, which includes unlimited apps and 25 conversations per app per month, and a Pro plan, currently $24 per month per app, which is billed monthly. All pricing is in U.S. dollars.

6.1 Renewal. Your subscription renews automatically for the same term unless you cancel. You may cancel at any time; cancellation takes effect at the end of the current billing period, and no refunds are provided for the remaining time.

6.2 Plan changes. You may upgrade or downgrade at any time. Downgrades take effect at the end of the current term; upgrades take effect immediately and are charged at a prorated amount.

6.3 Taxes. Displayed prices do not include VAT or sales taxes. Applicable taxes are added based on your location at checkout.

6.4 Fee changes. Prices may change at any time. We may raise fees, change plan pricing, or introduce new charges at our discretion. Any change applies to your next billing cycle after we notify you (for example by email or in-app notice). If you disagree with a change, your sole remedy is to cancel before the new billing cycle begins; continued use of the Services after a price change takes effect constitutes acceptance of the new price.

6.5 Free plan. The Free plan is free forever and requires no payment card. Unused monthly conversations do not roll over. We may change the Free plan's allowances with notice as described in these Terms.

6.6 Non-payment. We may deactivate your access to the Services for non-payment of applicable fees.

6.7 No refunds; Free plan. All fees are non-refundable. We do not provide refunds, credits, or prorated billing for partial billing periods, unused time, unused conversations, or any other reason, except where a refund is explicitly required by law. To let you evaluate the Service before paying, we offer a Free plan — we encourage you to use it, because the decision to subscribe (and everything that follows from it) is yours.

7. Termination

The Services are strictly for professional use, and consumer withdrawal rights do not apply. We may terminate your account and stop providing the Services at our discretion, including for breach of laws, regulations, or these Terms; failure to pay; misuse of the Services; breach of website security; or fraudulent activity.

Upon termination for any reason, all outstanding amounts become due immediately, no refunds are provided for prepaid fees, and you lose access to your account and the data stored in it, except as allowed under our Privacy Policy and applicable law.

8. Intellectual property

The name airfive, and all related trademarks, logos, graphics, icons, and service names displayed on the website, are the property of Airfive Inc. and its affiliates. You may not use them without our express written consent. Third-party trademarks remain the property of their respective owners.

All elements of the site and Service — including the interface, software, and content — are protected by copyright and remain the property of their authors. You may not copy, modify, create derivative works from, or distribute them, and you may not reverse engineer, decompile, or attempt to extract the source code of the software.

Subject to full payment of all applicable fees, we grant you a limited, non-exclusive, non-transferable, personal, and temporary right to access and use the Service. This is not an assignment of any intellectual property rights. We retain the exclusive right to modify or correct any component of the Service and hold all intellectual property rights in the works and services performed in connection with the Services.

9. Warranties

We strive to deliver a functional Service that substantially matches its documentation, but we do not guarantee the Service will be free of errors or bugs. If you encounter a compliance issue, notify us as soon as possible and we will make reasonable efforts to resolve it; this is your sole recourse. The Service is otherwise provided "as is" and "as available", and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.

We make no guarantees or warranties of any kind regarding the results of using the Service. This includes, without limitation: that the Service will resolve every visitor question or bug; that AI-generated answers, prompts, or code fixes will be accurate, complete, or suitable for your app; or that any particular outcome will occur. Any figures, targets, or projections shown in the Service are estimates, not promises.

To the maximum extent permitted by law, we accept no responsibility for errors, defects, or problems in code, prompts, answers, or other output generated by airfive, whether or not they are committed to your repository and whether or not you reviewed them before publishing. Because you publish changes to your own app, any published change is accepted by you as your own. We are also not responsible for interruptions or issues caused by third parties we depend on — including your code host, AI providers, email providers, or your own hosting platform — or for changes those parties make that break the Service's operation.

You are solely responsible for all communication you and your users have with customers and prospective customers through or around the Service — including the content of answers, emails, and messages, and how those conversations are conducted. We are not responsible, and accept no liability, for any lost or would-be sales, missed opportunities, damaged customer relationships, or mistakes, misstatements, or miscommunications made by you, your users, or the Service in the course of those communications, even where the Service suggested or generated the wording used.

10. Limitation of liability

The Service and website may include links to other websites or resources. We do not control and are not responsible for their availability, content, products, or services, and a link does not imply endorsement. We are not liable for the actions of other users or for any damage resulting from reliance on external websites or resources. We may temporarily suspend the Service for maintenance and will endeavor to minimize interruptions and notify you in advance.

In no event will Airfive Inc. or airfive (including suppliers, employees, or representatives) be liable for indirect or consequential damages of any kind, including loss of revenue, profits, business, or data, even if aware of the possibility of such damages. Our total liability, for all damages combined, is limited to the amount you paid for the Services during the twelve (12) months preceding the event causing the damage. This limitation does not apply to damages resulting from bodily injury, willful misconduct, or gross negligence. You acknowledge that the pricing of the Services reflects this limitation, which is integral to the economic balance of this agreement.

11. Age requirements and children's privacy

Adults only. The Services are intended solely for business use by adults. You must be at least 18 years old — or the age of legal majority in your jurisdiction, whichever is greater — to create an account, purchase a subscription, or use the Services. By creating an account you represent and warrant that you meet this requirement. We may suspend or terminate any account we reasonably believe is used by or on behalf of a minor, without refund.

COPPA. In compliance with the Children's Online Privacy Protection Act ("COPPA"), the Service is not directed at children under the age of 13, and we do not knowingly collect, use, or disclose personal information from children under 13. If we learn that we have collected personal information from a child under 13 without verifiable parental consent, we will delete that information as quickly as possible. If you believe a child under 13 has provided us personal information, contact us at jeremy@airfive.com and we will investigate and remove it.

No data about minors. You may not upload, store, or process personal information about minors through the Services — including in widget messages, screenshots, or code — except where incidental and permitted by applicable law.

12. Privacy and data protection

GDPR (EEA, UK, and Switzerland). If you are located in the European Economic Area, the United Kingdom, or Switzerland, the General Data Protection Regulation ("GDPR") and equivalent local laws give you the right to request access to, correction of, or deletion of your personal data; to restrict or object to our processing of it; to data portability; and to withdraw consent where processing is based on consent. We process personal data only as needed to provide the Services (performance of our contract with you), to meet legal obligations, and for our legitimate interests in operating and securing the platform. Where we use subprocessors (such as cloud hosting, AI, email, and code hosting providers) to deliver the Services, we require them to protect your data appropriately, and international transfers are made under appropriate safeguards such as standard contractual clauses. You may exercise any of these rights by emailing jeremy@airfive.com, and you have the right to lodge a complaint with your local data protection authority.

California (CCPA/CPRA). If you are a California resident, the California Consumer Privacy Act as amended by the California Privacy Rights Act ("CCPA/CPRA") gives you the right to know what personal information we collect, use, and disclose; to request deletion or correction of your personal information; to opt out of the sale or sharing of your personal information; and to not be discriminated against for exercising these rights. We do not sell your personal information, and we do not share it for cross-context behavioral advertising. To exercise your California rights, email jeremy@airfive.com; we will verify your request and respond within the time required by law.

Your customers' data. When your visitors send messages, screenshots, or email addresses through the widget, you are the controller of that personal data and we process it on your behalf to provide the Services. You are responsible for having a lawful basis to collect data from visitors to your app and for honoring their privacy rights (including opt-out and deletion requests) under GDPR, CCPA/CPRA, and any other applicable privacy laws.

13. Additional legal provisions

Governing law. These Terms and your use of the Service are governed by the laws of the United States and the State of California, excluding conflict-of-law rules. Your use of the Service may also be subject to other local, state, national, or international laws.

Dispute resolution. If you have a concern or dispute about the Service, you agree to first try to resolve it informally by contacting us. If it cannot be resolved informally, you agree to binding arbitration and waive the right to bring legal action against the company, its employees, contractors, or other stakeholders, to the extent permitted by law.

EU users. If you are a European Union consumer, you benefit from any mandatory provisions of the law of the country in which you reside.

U.S. government end use. If you are a U.S. federal government end user, the Service is a "Commercial Item" as defined at 48 C.F.R. §2.101.

U.S. legal compliance. You represent and warrant that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. government list of prohibited or restricted parties.

14. Confidentiality

Both parties agree to keep confidential all information and documents exchanged during this agreement, and to ensure their subcontractors and associated parties do the same. A violation of these confidentiality obligations could cause irreparable harm for which legal remedies may be inadequate, so the aggrieved party may seek equitable relief in addition to other remedies. You may not disclose the results of any performance tests on the Service to third parties without our prior written consent. Information that is publicly available, required to be disclosed by law, or subject to a judicial or administrative order is excluded.

15. Miscellaneous

Transfer. Your right to use the Service is personal, temporary, non-transferable, and non-exclusive. You may not transfer this agreement or any rights under it to any third party without our prior written consent.

Subcontracting. We may use subcontractors of our choosing to deliver the Services and remain responsible for their performance under these Terms.

Entire agreement. These Terms, together with the Operating Policies and any special conditions, are the complete agreement between you and us and supersede all previous agreements on the subject. Modifications must be made in writing.

Severability. If any provision of these Terms is found invalid or unenforceable, it is severed without affecting the validity of the remaining provisions.

Force majeure. We are not responsible for any failure or delay caused by events beyond our reasonable control, including strikes, internet outages, and cyber-attacks. During such an event this agreement is suspended and neither party is liable for non-performance. If the event persists for more than sixty (60) days, either party may terminate the agreement with written notice.

16. Your data

"Your Data" is any data and content you store or transmit through the Services, including widget conversations, screenshots, code from connected repositories, and fix history. You retain full ownership of Your Data; we claim no ownership over it. You grant us the right to transmit, store, copy, and process Your Data solely to provide the Service — to display it to you and your teammates, analyze it to generate answers and fixes, send emails, and create backups. This permission extends to the third-party service providers we use to operate the Service (such as cloud hosting, AI, email, and code hosting providers), as needed to provide the Service.

You are solely responsible for your conduct, the content of Your Data, and your communications while using the Services, and for ensuring you have all rights and permissions needed for the data you upload. We have no obligation to monitor information on the Services and are not responsible for the accuracy, completeness, appropriateness, safety, or legality of Your Data or any content you access through the Service.

17. Contact

Questions about these Terms can be sent to jeremy@airfive.com.