Master Subscription Agreement
Last updated: January 1, 2026
This Master Subscription Agreement ("Agreement") sets out the terms on which Airmeet Inc. (doing business as "AirPulse") provides its subscription services to business customers. It is written to be readable by business users but is also legally binding.
By (a) signing an order form or similar ordering document that references this Agreement ("Order"), or (b) completing an online checkout for a paid AirPulse plan, you agree to this Agreement on behalf of the customer entity you represent. If you do not agree, do not sign an Order and do not use the paid services.
In this Agreement, "AirPulse," "we," "us," and "our" refer to Airmeet Networks Private Limited and Airmeet Inc., as the case may be, and "Customer," "you," and "your" refer to the company or other legal entity that enters into an Order or uses a paid subscription of AirPulse.
1. Introduction and Agreement
This section explains who the parties are, what documents form the contract, and when the Agreement takes effect.
1.1 Parties
This Agreement is between Airmeet Inc., a Delaware corporation, and the Customer identified in the applicable Order or online checkout.
1.2 Structure of the Agreement
The Agreement consists of:
- this Master Subscription Agreement;
- one or more Orders (including online subscription selections and plan confirmations); and
- any referenced policies or addenda, such as the Service Level Agreement (SLA), Support Policy, and Data Processing Addendum (DPA), if applicable.
1.3 Order of precedence
If there is a direct conflict between this Agreement and an Order, the Order will control for that Order. If there is a conflict between this Agreement and a referenced policy (such as the SLA), this Agreement will control unless the policy clearly states otherwise.
1.4 How you accept this Agreement
You accept this Agreement when:
- you sign an Order that references it; or
- you complete an online sign-up or checkout for a paid AirPulse plan; or
- you use the paid services after being given access to this Agreement.
If you accept on behalf of a company or organization, you represent that you have authority to bind that entity.
1.5 Changes to contracting entity
AirPulse may designate a different affiliate as the contracting entity in an Order for local or regulatory reasons. If that happens, the affiliate will be the "AirPulse" party for that Order.
2. Scope of Services and Orders
This section describes what AirPulse does and how Orders work.
2.1 AirPulse services
AirPulse is a B2B SaaS platform that helps marketing, growth, and related teams:
- explore how topics, brands, and queries appear across AI answer engines;
- analyze "prompt volumes" and related metrics; and
- view dashboards, reports, exports, and other analytics (together, the "Services").
The Services may evolve over time, but their core purpose is to provide AI search visibility and prompt-volume analytics, not to act as a general-purpose AI model or data warehouse.
2.2 Orders and subscriptions
Each Order (including online subscription selections) will specify:
- the subscription plan and features;
- usage limits (for example, number of seats, queries, workspaces, or other metrics);
- the subscription term (for example, monthly or annual); and
- fees and billing terms.
2.3 Use during the term
During the applicable subscription term in an Order, and subject to this Agreement and your timely payment of fees, you may access and use the Services described in that Order.
2.4 Order precedence
If an Order expressly states different terms for that Customer (for example, a different liability cap or custom payment schedule), those terms will control for that Order and override the conflicting part of this Agreement.
3. Accounts and Authorized Users
This section covers how accounts work and who is responsible for user actions.
3.1 Account creation
To use the Services, Customer must create an account. We may allow:
- company-level accounts with multiple authorized users; and/or
- individual logins under a company domain.
You must provide accurate and current information for account setup and keep it updated.
3.2 Authorized Users
"Authorized Users" are employees, contractors, and other individuals:
- who Customer authorizes to use the Services on its behalf; and
- who use the Services only for Customer's internal business purposes and in line with this Agreement.
You control which Authorized Users have access and what roles or permissions they have (for example, admin vs read-only).
3.3 Credentials and security
Customer must:
- keep account credentials (such as passwords and API keys) confidential;
- ensure Authorized Users use strong passwords and secure access practices; and
- promptly notify AirPulse of any known or suspected unauthorized access to the Services or Customer's accounts.
3.4 Responsibility for user actions
Customer is responsible for:
- all actions taken under its accounts, whether or not authorized by management; and
- ensuring Authorized Users comply with this Agreement and any applicable documentation.
If an Authorized User leaves your organization, you must disable their access promptly.
4. Rights to Use the Service (License)
This section explains the rights we grant you to use AirPulse.
4.1 License grant
Subject to this Agreement and your timely payment of fees, AirPulse grants Customer a limited, non-exclusive, non-transferable, and non-sublicensable right, during the subscription term in each Order, to:
- access and use the Services; and
- allow its Authorized Users to access and use the Services,
in each case only for Customer's internal business purposes and within the scope and limits set out in the applicable Order.
4.2 Service Content
"Service Content" means:
- dashboards, visualizations, and reports shown in the Services;
- query and prompt volume metrics, trends, benchmarks, and analytics; and
- exports or downloads generated by or through the Services (for example, CSV or PDF reports),
excluding Customer Data (defined below) and excluding third-party data or content that is subject to its own terms.
4.3 Rights to Service Content
During the subscription term, Customer may:
- view, analyze, and use Service Content internally; and
- export or download Service Content for internal reporting and decision-making,
in each case, solely for Customer's internal business purposes and consistent with Section 5 (Acceptable Use and Restrictions).
4.4 Reservation of rights
Except for the limited rights expressly granted to Customer in this Agreement, AirPulse and its licensors retain all rights, title, and interest in and to:
- the Services;
- Service Content (except for any Customer Data contained in it); and
- all related intellectual property rights.
No other rights are granted, whether by implication, estoppel, or otherwise.
5. Acceptable Use and Restrictions
This section sets clear boundaries on how you may and may not use AirPulse.
5.1 General acceptable use
Customer and Authorized Users must:
- use the Services only for lawful purposes; and
- comply with this Agreement, the documentation, and any reasonable written use guidelines we provide.
5.2 Prohibited uses
Customer and Authorized Users must not:
- use the Services or Service Content to develop, train, or improve a product or service that competes with AirPulse or that provides substantially similar AI search visibility or prompt-volume analytics;
- copy, modify, host, or frame any part of the Services in a way that misrepresents the source or ownership;
- reverse engineer, decompile, disassemble, or attempt to derive source code or underlying models of the Services, except to the limited extent that applicable law expressly permits despite this restriction;
- bypass, disable, or interfere with any security, usage, or access controls in the Services;
- access the Services by any automated means (such as bots or scrapers) except through documented and authorized APIs;
- perform security testing (including penetration tests or vulnerability scans) on the Services without our prior written consent;
- use the Services to send spam or unsolicited communications;
- use the Services to violate applicable laws or third-party rights, including intellectual property, privacy, and publicity rights; or
- access or attempt to access systems, APIs, or data that you are not authorized to access.
5.3 Benchmarks and public statements
Customer may not:
- publish or disclose to third parties any benchmarking or performance results about the Services; or
- misrepresent any relationship with AirPulse or imply that AirPulse endorses or sponsors Customer's products or services,
unless AirPulse gives prior written consent.
5.4 High-risk activities
Customer must not use the Services in any context where:
- an error or delay in the Services could directly result in death, personal injury, or severe physical or environmental damage; or
- regulatory approvals or safety certifications require a different class of system.
6. Customer Data, Telemetry, and AI Use
This section explains how we handle your data, what telemetry we collect, and our stance on AI model training.
6.1 Customer Data
"Customer Data" means:
- any data, prompts, queries, configurations, identifiers, or content that Customer or its Authorized Users submit to or through the Services; and
- any reports or exports that are primarily made up of such inputs.
Customer retains ownership of Customer Data, subject to the rights granted to AirPulse in this Agreement.
6.2 Telemetry and derived data
"Telemetry" means:
- technical and usage data about how the Services are accessed and used (for example, feature usage, response times, query volumes, and click paths);
- log data and performance metrics; and
- de-identified or aggregated analytics and trends derived from Customer's use of the Services.
Telemetry does not identify Customer or its individual users directly, unless specifically stated otherwise.
6.3 Use of Customer Data
Customer grants AirPulse a non-exclusive, worldwide, royalty-free right to:
- use, host, store, process, transmit, and display Customer Data; and
- allow our contractors and subprocessors to do so on our behalf,
in each case solely to:
- provide, maintain, secure, and support the Services;
- troubleshoot and improve performance for Customer's account;
- prevent, detect, and respond to abuse, fraud, security incidents, and technical issues; and
- comply with law and enforce this Agreement.
6.4 Use of Telemetry
AirPulse may use Telemetry to:
- operate, improve, and maintain the Services;
- develop new features and services;
- generate aggregate statistics, benchmarks, and volume indicators; and
- produce anonymized insights about AI search behavior,
provided that Telemetry will not be used to publicly identify Customer or its users without Customer's consent.
6.5 AI model training (no default use of Customer Data)
By default, AirPulse does not use Customer Data to train general or shared AI models that are used across customers.
If AirPulse ever offers a feature that involves training or fine-tuning an AI model on Customer Data:
- participation will be on an explicit opt-in basis;
- the feature will be documented in clear, plain language describing what data is used and for what purpose; and
- the parties may enter into a separate agreement or addendum to address that use.
6.6 Data processing and privacy
If AirPulse processes personal data on behalf of Customer, the parties will enter into a Data Processing Addendum (DPA) that forms part of this Agreement. AirPulse's general privacy practices are described in its Privacy Policy, as updated from time to time.
6.7 Customer responsibilities for data
Customer is responsible for:
- the accuracy, quality, and legality of Customer Data;
- ensuring it has a lawful basis and any necessary consents or notices to upload and use Customer Data in the Services; and
- ensuring that Customer Data does not violate this Agreement or applicable law.
7. Third-Party Platforms and Services
This section explains what happens when other tools connect to AirPulse.
7.1 Integrations
The Services may integrate or interoperate with third-party platforms, tools, or services (for example, analytics systems, ad platforms, AI services, or identity providers) ("Third-Party Services"). These may be:
- provided or managed by third parties; or
- offered through marketplaces or integration directories.
7.2 Separate terms
Third-Party Services are governed by their own terms and privacy policies, not this Agreement. Customer is responsible for:
- reviewing and complying with those third-party terms; and
- ensuring that any data sharing with Third-Party Services is permitted.
7.3 Data exchange
If Customer enables a Third-Party Service integration:
- Customer instructs AirPulse to share Customer Data or Telemetry with the Third-Party Service as needed for the integration; and
- Customer acknowledges that the Third-Party Service's data practices are outside AirPulse's control.
7.4 No responsibility for Third-Party Services
AirPulse is not responsible for:
- actions or failures of Third-Party Services;
- security or privacy practices of Third-Party Services; or
- any harm resulting from Customer's use of or reliance on Third-Party Services.
8. Plans, Usage Limits, and Changes
This section explains plan features, usage caps, and how changes to the services work.
8.1 Plans and features
Each plan may include:
- a set number of Authorized Users or seats;
- query, prompt, or API call limits;
- workspace or project limits;
- data retention periods; and
- access to specific features, dashboards, or export options.
Plan details will be described in the Order or on the AirPulse website or documentation.
8.2 Usage limits
Customer must keep its use of the Services within the limits stated in the applicable plan or Order. AirPulse may:
- provide usage dashboards or notices when you approach limits; and
- offer options to upgrade or adjust limits.
8.3 Exceeding limits
If Customer exceeds its plan limits, AirPulse may, in its discretion:
- charge overage fees as specified in the Order or on the pricing page;
- automatically upgrade Customer to a higher tier (after reasonable notice) that better fits actual usage; or
- temporarily throttle or limit certain features until usage returns to allowed levels.
AirPulse will use reasonable efforts to notify Customer in advance when it detects a likely overage, except where overuse creates a security, stability, or abuse risk.
8.4 Changes to the Services
AirPulse may modify or update the Services from time to time, including by:
- adding or improving features;
- changing interfaces or workflows; or
- discontinuing features that have low use or are being replaced.
If a change materially reduces core functionality of a paid plan, AirPulse will provide reasonable advance notice and, if applicable, discuss good-faith options with affected Customers (such as plan adjustments or termination rights for the impacted portion).
9. Fees, Billing, Taxes, and Payment
This section covers how you pay for AirPulse and how billing works.
9.1 Fees
Customer will pay the fees described in each Order or applicable pricing page for the Services. Fees may include:
- subscription fees (for example, monthly or annual);
- implementation or onboarding fees (if stated in the Order); and
- usage-based or overage fees.
9.2 Billing cycles and invoices
Unless the Order states otherwise:
- subscription fees are billed in advance for each billing period; and
- usage-based or overage fees (if any) are billed in arrears.
AirPulse may issue invoices electronically or charge the payment method on file.
9.3 Payment methods and due dates
Customer will:
- pay invoices within the payment period stated in the Order or, if not stated, within thirty (30) days of the invoice date; or
- ensure that credit card or other automatic payment methods remain valid and funded.
Late payments may incur interest at the lesser of 1.5% per month or the highest rate allowed by law, from the due date until paid.
9.4 Non-refundable subscriptions
Except as expressly stated in this Agreement, an Order, or AirPulse's separate Subscription, Refund, and Cancellation Policy:
- all fees are non-refundable; and
- subscriptions are non-cancellable during the committed term.
The standalone Refund Policy will describe any narrow exceptions (for example, certain statutory rights or specific remedies under this Agreement). Those exceptions will apply only as stated there.
9.5 Taxes
Fees are exclusive of taxes unless stated otherwise. Customer is responsible for:
- any sales, use, value-added, or similar taxes, duties, or charges (collectively, "Taxes") imposed by any authority in connection with the Services, excluding taxes based on AirPulse's net income; and
- providing valid tax exemption documentation if applicable.
If AirPulse is required to collect or remit Taxes, it may add them to invoices and Customer must pay them.
9.6 Suspension for non-payment
If Customer is materially late in paying fees and does not cure within a reasonable period after notice, AirPulse may:
- suspend Customer's access to the Services (in whole or part); and/or
- accelerate unpaid amounts for the remaining committed term in line with applicable law and the Order.
AirPulse will not suspend solely due to a good-faith billing dispute, provided Customer is actively working with AirPulse to resolve it.
10. Trials, Betas, and Free Access
This section explains special terms for trials, beta features, and free plans.
10.1 Trials
AirPulse may offer free or discounted trial access to some or all of the Services for a limited period ("Trial"). During a Trial:
- certain features or limits may differ from paid plans; and
- AirPulse may end or change the Trial at any time.
10.2 Beta or preview features
AirPulse may label features or services as "beta," "preview," "early access," or similar ("Beta Features"). Beta Features:
- are provided for evaluation and feedback;
- may be available only to selected customers; and
- may change, break, or be discontinued at any time.
10.3 Free access
AirPulse may offer limited free tiers or community plans. These may:
- have reduced features, limits, or retention; and
- be changed or discontinued by AirPulse at any time.
10.4 Disclaimers for Trials, Betas, and free access
Trials, Beta Features, and free-tier services are provided:
- "as is" and "as available"; and
- without any service level commitments, warranties, or indemnities,
to the maximum extent allowed by law. AirPulse's total liability for Trials, Betas, and free access is subject to Section 16 but may also be further limited in the Order.
11. Service Levels and Support
This section points to our uptime and support commitments.
11.1 Service Level Agreement (SLA)
If an SLA is referenced in your Order or published for your plan:
- it will describe uptime targets, service credits, and exclusions; and
- it is incorporated into this Agreement by reference.
Service credits, if any, are Customer's sole and exclusive remedy for SLA-related issues.
11.2 Support Policy
AirPulse will provide support in line with its Support Policy and your plan. The Support Policy will describe:
- supported channels (for example, email or in-app support);
- business hours or response times; and
- any tier-specific limits.
11.3 Changes to SLA and Support Policy
AirPulse may update the SLA or Support Policy from time to time, but:
- material reductions in overall SLA or support commitments for your current paid term will not apply to you unless you expressly agree; and
- updated terms may apply at renewal.
12. Intellectual Property and Feedback
This section clarifies ownership and how we may use your suggestions.
12.1 Ownership of Services
AirPulse and its licensors own:
- the Services;
- Service Content (excluding Customer Data contained within);
- documentation and related materials; and
- all associated intellectual property and proprietary rights.
12.2 Ownership of Customer Data
Customer owns its Customer Data. Nothing in this Agreement transfers ownership of Customer Data to AirPulse.
12.3 Feedback
If Customer or its users provide feedback, suggestions, or ideas about the Services ("Feedback"):
- AirPulse may use, copy, disclose, and exploit the Feedback for any purpose;
- AirPulse has no obligation to keep Feedback confidential; and
- AirPulse has no obligation to provide compensation or attribution to Customer or any individual.
AirPulse will not publicly attribute Feedback to Customer without Customer's consent.
13. Confidentiality
This section explains how each party protects the other's confidential information.
13.1 Definition
"Confidential Information" means non-public information disclosed by one party ("Disclosing Party") to the other ("Receiving Party") that:
- is marked or identified as confidential; or
- should reasonably be understood to be confidential given its nature and the circumstances (such as product plans, security information, or business terms).
Confidential Information includes Customer Data and this Agreement's specific pricing or commercial terms.
13.2 Exclusions
Confidential Information does not include information that:
- is or becomes public through no fault of the Receiving Party;
- the Receiving Party already lawfully knew before receipt from the Disclosing Party;
- was rightfully received from a third party without confidentiality obligations; or
- was independently developed by the Receiving Party without use of the Disclosing Party's Confidential Information.
13.3 Obligations
The Receiving Party must:
- use the Disclosing Party's Confidential Information only to perform its obligations or exercise its rights under this Agreement;
- protect it with at least the same care it uses for its own similar information (and at least reasonable care); and
- limit access to personnel and contractors who need to know it and are bound by confidentiality obligations at least as strict as those in this Agreement.
13.4 Compelled disclosure
If the Receiving Party is legally required to disclose Confidential Information (for example, by subpoena or court order), it may do so, provided that:
- it gives the Disclosing Party reasonable prior notice (if legally permitted) so the Disclosing Party can seek protective measures; and
- it discloses only what is legally required.
14. Warranties and Disclaimers
This section sets expectations for how the Services will perform and what we do not promise.
14.1 Service warranty
During any paid subscription term, AirPulse will:
- provide the Services in a manner that is materially consistent with the documentation and the applicable Order; and
- use reasonable technical and organizational measures to protect Customer Data in line with industry norms for similar SaaS services.
14.2 Customer warranties
Customer represents and warrants that:
- it has all rights and permissions needed to provide Customer Data to AirPulse and to use it in the Services; and
- its use of the Services and Customer Data will comply with applicable laws and this Agreement.
14.3 Disclaimers
Except for the express warranties above and any that cannot be limited under applicable law:
- the Services, Service Content, and all related materials are provided "as is" and "as available";
- AirPulse does not warrant that the Services will be error-free, uninterrupted, or free from security vulnerabilities;
- AirPulse does not warrant that any insights, benchmarks, or analytics are complete, accurate, or suitable for any specific decision; and
- AirPulse disclaims all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
AirPulse does not provide legal, financial, or other professional advice. You should not rely on the Services or Service Content as a substitute for professional judgment.
14.4 AI and analytics-based outputs
AI- and analytics-based outputs (including prompts, responses, and visualizations) may:
- be incomplete, outdated, or incorrect;
- reflect limitations or bias in models or source data; and
- require human review and validation.
Customer is responsible for independently evaluating whether outputs are appropriate for its use cases.
15. Indemnities
This section covers when one party will cover certain third-party claims for the other.
15.1 AirPulse IP indemnity
AirPulse will defend Customer against any third-party claim that the Services, when used by Customer as permitted under this Agreement, directly infringe a valid patent, copyright, or trademark, or misappropriate a trade secret (an "IP Claim"), and will pay:
- any damages or costs finally awarded against Customer by a court of competent jurisdiction; and
- any settlement amounts that AirPulse agrees to in writing,
to the extent arising from the IP Claim.
15.2 Exclusions from IP indemnity
AirPulse has no obligation under Section 15.1 to the extent an IP Claim arises from:
- Customer Data or Third-Party Services;
- modifications to the Services made by anyone other than AirPulse;
- combination of the Services with products, services, or data not provided by AirPulse, if the claim would not have arisen but for that combination; or
- use of the Services in breach of this Agreement or outside the documented or intended scope.
15.3 Mitigation
If the Services are, or in AirPulse's reasonable opinion are likely to become, subject to an IP Claim, AirPulse may:
- modify the Services to be non-infringing while materially preserving functionality;
- replace the Services with a non-infringing alternative with substantially equivalent functionality; or
- if neither is commercially reasonable, terminate the affected Order and provide a pro-rated refund of pre-paid, unused fees for the terminated portion of the term.
15.4 Customer indemnity
Customer will defend AirPulse and its affiliates against third-party claims arising from:
- Customer's or its users' use of the Services in violation of this Agreement or applicable law;
- Customer Data (including any allegation that Customer Data infringes or misappropriates a third party's rights or violates privacy or other laws); or
- downstream uses of Service Content or insights by or on behalf of Customer,
and will pay damages, costs, and approved settlements arising from those claims.
15.5 Indemnity procedure
The party seeking indemnity ("Indemnified Party") must:
- promptly notify the other party ("Indemnifying Party") in writing of any claim (a delay will not relieve the Indemnifying Party of its obligations except to the extent it is materially prejudiced);
- allow the Indemnifying Party to control the defense and settlement of the claim (except that the Indemnified Party may approve any settlement that imposes non-monetary obligations on it, such approval not to be unreasonably withheld); and
- provide reasonable cooperation, at the Indemnifying Party's expense.
16. Limitation of Liability
This section limits the financial exposure for both sides.
16.1 Overall cap
To the maximum extent permitted by law, each party's total aggregate liability for all claims arising out of or relating to this Agreement (whether in contract, tort, or otherwise) will not exceed the fees actually paid by Customer to AirPulse under the Order giving rise to the claim in the twelve (12) months before the first event giving rise to that claim.
If the claim relates to free, trial, or Beta Features only, AirPulse's total aggregate liability for those will not exceed one hundred U.S. dollars (US$100).
16.2 Exclusion of certain damages
To the maximum extent permitted by law, neither party will be liable for:
- indirect, incidental, special, consequential, or punitive damages;
- loss of profits, revenue, or savings;
- loss or corruption of data; or
- business interruption or replacement procurement costs,
even if the party has been advised that such damages are possible or if a limited remedy fails its essential purpose.
16.3 Exceptions
The limitations in Sections 16.1 and 16.2 do not limit:
- Customer's payment obligations; or
- either party's liability for unauthorized use or disclosure of the other party's Confidential Information in breach of Section 13, or for indemnity obligations in Section 15,
to the extent such limitations are not permitted by applicable law. To the extent required by law, some limitations may not apply.
17. Term, Renewal, Suspension, and Termination
This section explains how long the Agreement lasts, when it renews, and how it can end.
17.1 Term of the Agreement
This Agreement starts on the date Customer first accepts it and continues until all Orders have expired or been terminated.
17.2 Subscription term and renewal
Each Order will specify:
- an initial subscription term; and
- whether it renews automatically.
Unless stated otherwise in the Order, subscriptions:
- automatically renew for successive periods equal to the initial term (for example, annual renewals) at then-current pricing; and
- may be non-renewed by either party by giving written notice at least thirty (30) days before the end of the then-current term.
17.3 Suspension
AirPulse may suspend Customer's access to the Services (in whole or part) if:
- Customer fails to pay undisputed fees when due and does not cure within the notice period in Section 9.6;
- Customer's use of the Services poses a security risk, disrupts other users, or could subject AirPulse to legal liability; or
- Customer materially breaches this Agreement.
AirPulse will, where commercially reasonable:
- notify Customer of the reason for suspension; and
- work with Customer in good faith to resolve the issue and restore access promptly.
17.4 Termination for cause
Either party may terminate an Order or this Agreement:
- if the other party materially breaches this Agreement and does not cure the breach within thirty (30) days after written notice that describes the breach in reasonable detail; or
- immediately if the other party becomes insolvent, enters bankruptcy, or is subject to similar proceedings that are not dismissed within a reasonable period.
17.5 Effect of termination or expiration
Upon termination or expiration of an Order:
- Customer's rights to access and use the Services under that Order end;
- Customer must stop using any associated credentials or integrations; and
- unless otherwise stated, all fees for the term are due and not refundable, except as expressly set out in this Agreement (for example, in Section 15.3).
17.6 Data export and deletion
For a limited period after termination or expiration (for example, thirty (30) days), AirPulse may:
- allow Customer to export certain Customer Data or Service Content in standard formats, subject to reasonable technical limitations; and/or
- provide assistance with export at AirPulse's then-current professional services rates.
After that period, AirPulse may delete or anonymize Customer Data in line with its standard retention and deletion practices, subject to any legal retention obligations.
18. Governing Law and Dispute Resolution
This section explains which law applies and where disputes are resolved.
18.1 Governing law
This Agreement and any disputes arising out of or relating to it are governed by the laws of the State of Delaware, U.S.A., without regard to its conflict-of-laws rules.
18.2 Venue
The parties agree that:
- the exclusive jurisdiction and venue for any legal action or proceeding arising out of or relating to this Agreement will be the state and federal courts located in Delaware; and
- each party submits to the personal jurisdiction of those courts and waives any objection to venue in those courts.
18.3 Injunctive relief
Nothing in this Agreement limits either party's right to seek injunctive or other equitable relief:
- in any court of competent jurisdiction; and
- to protect its intellectual property rights or Confidential Information.
19. Changes to These Terms
This section explains how we may update this Agreement.
19.1 Updates to the Agreement
AirPulse may update this Agreement from time to time. If we make material changes:
- we will notify Customer using reasonable means (for example, email, in-app notice, or posting the updated Agreement with a changed "Last updated" date); and
- the updated Agreement will apply at the start of the next renewal term for existing subscriptions, unless the Order or law requires a different approach.
19.2 Mid-term changes
If we need to apply changes during a current subscription term due to:
- legal or regulatory developments; or
- security, safety, or operational requirements,
we will:
- use reasonable efforts to provide notice; and
- describe the impact in plain language.
If a mid-term change materially harms Customer's core rights under this Agreement and Customer does not agree to the change, Customer may:
- notify AirPulse within a reasonable period; and
- work with AirPulse in good faith to find a solution, which may include aligning the change to the next renewal or agreeing on a tailored amendment.
20. Contact and Miscellaneous
This section covers how to contact us and a few standard legal clauses.
20.1 Contacting AirPulse
For questions about this Agreement or legal notices, Customer may contact:
- Email: legal@airpulse.ai
- Mailing address: Airmeet Networks Private Limited, Attn: Legal – AirPulse, WeWork Salarpuria Magnificia, Tin Factory, 78, Old Madras Road, Doorvani Nagar, Bengaluru - 560016, Karnataka, India
AirPulse may update contact details on its website from time to time.
20.2 Notices
Formal notices under this Agreement (for example, notices of breach or non-renewal) must be in writing and sent to:
- the email or postal address listed in the Order for Customer; and
- the contact details specified by AirPulse above or in the Order.
Notices by email are deemed given when sent, if sent during business hours in the recipient's primary place of business, otherwise on the next business day.
20.3 Assignment
Customer may not assign or transfer this Agreement or any Order, in whole or part, without AirPulse's prior written consent, except in connection with a merger, acquisition, or sale of substantially all of its assets, provided that:
- the assignee is not a direct competitor of AirPulse; and
- the assignee agrees in writing to be bound by this Agreement.
AirPulse may assign or transfer this Agreement to an affiliate or in connection with a corporate transaction, provided that the assignee assumes AirPulse's obligations.
20.4 Force majeure
Neither party will be liable for failure or delay in performance caused by events beyond its reasonable control (such as natural disasters, acts of government, war, terrorism, labor disputes, or internet outages), but:
- each party must use reasonable efforts to mitigate the impact; and
- performance will resume as soon as reasonably practicable.
20.5 Independent contractors
The parties are independent contractors. This Agreement does not create a partnership, joint venture, or agency relationship.
20.6 Entire agreement
This Agreement, together with all Orders and referenced documents (such as the SLA, Support Policy, and DPA), is the entire agreement between the parties on its subject matter and supersedes all prior or contemporaneous agreements, proposals, or representations, written or oral.
20.7 No third-party beneficiaries
There are no third-party beneficiaries to this Agreement, except that AirPulse's affiliates, licensors, and service providers may rely on applicable protections.
20.8 Waiver and severability
Failure to enforce any provision of this Agreement will not be a waiver of that provision. If any provision is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be replaced with a valid one that best reflects the parties' original intent.
20.9 Interpretation
Headings are for convenience only and do not affect interpretation. "Including" and similar words mean "including without limitation."
