Terms & Conditions

AirState LLC – Terms and Conditions

Effective Date: May 24, 2025

PLEASE READ THESE TERMS CAREFULLY.

By creating an AirState account, using an AirState API key, or accessing the AirState real-time collaboration platform (the “Service”), you (“User” or “you”) agree to be bound by these Terms and Conditions (the “Terms”). If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization, and “you” shall also refer to such entity. If you do not agree to these Terms, you must not use the Service. These Terms constitute a legal agreement between you and AirState LLC, a company registered in Colorado, USA (referred to as “AirState,” “we,” “us,” or “our”). The Service is provided subject to these Terms, so please read them carefully. We are a Denver-based provider of a real-time collaboration platform offered in two forms: (1) an open-source self-hosted software component, and (2) a cloud-hosted API service. Additional policies (such as our Privacy Policy) are incorporated by reference into these Terms. These Terms apply to your use of the cloud-hosted Service and (where applicable) your interactions with AirState’s open-source software.

1. Acceptance of Terms

By using the Service or registering an account, you acknowledge that you have read, understood, and agree to these Terms. If you do not agree, do not use the Service. You must be of legal age (usually 18 years or older) and able to form a binding contract to use the Service. If you are accepting these Terms on behalf of a company or other entity, you represent that you have full legal authority to bind that entity. You may not use the Service if you are barred from doing so under applicable laws or if you have been previously suspended or removed from the Service by AirState.

2. Accounts and Registration

To access the cloud-hosted Service, you must create an account and obtain an API key. Account Information: You agree to provide accurate, current, and complete information when registering and to keep it updated. You are responsible for maintaining the confidentiality of your account credentials and API keys, and for all activities that occur under your account. Account Security: You must not share your API key or login credentials with others, and you must promptly notify us at support@airstate.dev if you suspect any unauthorized access to your account or API key. Responsibility: You are responsible for all usage of the Service through your account or API key, whether authorized by you or not. This includes any content transmitted or actions taken using your credentials. We recommend using appropriate security measures to protect your account (such as using strong passwords and keeping API keys secret). Account Use by Your End Users: If you integrate our Service into your own applications for use by end-users (for example, in a collaborative app you offer), you are responsible for ensuring that your end-users comply with these Terms (particularly the Acceptable Use and Content restrictions). AirState will treat all actions of your end-users on the Service as actions you have authorized. You agree to promptly take action to stop any misuse by your end-users upon learning of it. We reserve the right to refuse registration or cancel accounts that violate these Terms. You may not create multiple accounts to avoid limitations or fees, or create an account using someone else’s identity or information without permission.

3. Provision of Services and License

3.1. License to Use the Service: Subject to your compliance with these Terms, AirState grants you a limited, non-exclusive, non-transferable, revocable license to access and use the cloud-hosted AirState Service (including our APIs, SDKs, and documentation) solely for your internal business or personal use in building real-time collaborative applications. This license is provided for the term of this Agreement and is for the sole purpose of enabling you to use and integrate the Service as intended and in accordance with these Terms and our documentation. No implied licenses are granted. We retain all rights not expressly granted to you. 3.2. Service Access: We will use reasonable efforts to make the cloud Service available, but no specific uptime or availability guarantee is provided under these Terms. (Enterprise customers may obtain a separate Service Level Agreement (“SLA”) under a custom contract, but unless you have such an agreement, there is no guaranteed uptime.) You understand that the Service may occasionally be unavailable for scheduled maintenance or for unforeseen technical issues. We will endeavor to provide notice of significant downtime, but we are not liable for any inconvenience or losses due to Service unavailability (see Disclaimer of Warranties and Liability below). 3.3. Changes and Updates: AirState may continually improve and update the Service (for example, by adding or removing features, fixing bugs, or enhancing security). We reserve the right to make changes to the Service at any time. We will attempt to notify you of any material changes. In the event we discontinue or make backwards-incompatible changes to any API or Service feature, we will use reasonable efforts to inform you in advance through our website or via email. Your continued use of the Service after a change constitutes acceptance of the modified Service or features.

4. Open-Source Software (Self-Hosted Version)

AirState’s core real-time collaboration software is offered as an open-source self-hosted version (the “Open Source Software”). We believe in open development, and you are free to use the Open Source Software without charge, including for commercial purposes. The Open Source Software is released under the MIT License (or a substantially similar permissive open-source license). This means, among other things, that you may use, copy, modify, and distribute the software, in source or binary form, for any purpose (including commercial use), as long as you include the original copyright notice and license terms. Relationship of Open Source License to These Terms: Your use of the Open Source Software in a self-hosted manner is governed by the MIT License. To the extent any provision of these Terms conflicts with the MIT License with respect to your use of the Open Source Software, the terms of the MIT License will control for that use. In other words, we impose no additional restrictions on your use of the open-source, self-hosted software beyond those in its open-source license. These Terms primarily govern your use of AirState’s hosted Service and website; they do not limit your rights to the Open Source Software code itself. No Support or Warranties for Open Source Code: The Open Source Software is provided “as is” and without any warranty of any kind (as stated in the MIT License). AirState does not guarantee the performance, security, or stability of self-hosted deployments. We do not provide official customer support for self-hosted instances under these Terms, and any use of the Open Source Software is at your own risk. AirState shall not be liable for any damages, data loss, or other issues arising from your use or modification of the Open Source Software in a self-hosted environment. However, we encourage community support and contributions for the open-source project, and we may provide documentation and community forums to help self-hosted users.

5. Plans, Fees and Payment Terms

5.1. Free and Paid Plans: AirState offers both free and paid subscription plans for the cloud-hosted Service. The Free Plan (“Starter” plan) allows you to use the Service at no cost, but with certain usage limitations. The Paid Plan (“Pro” or “Unlimited” plan) provides higher usage limits for a monthly fee, and an Enterprise Plan is available for organizations needing custom solutions. By using a paid plan, you agree to pay all applicable fees as described below and on our Pricing page.

Free Starter Plan: If you are on the Free plan, you can use the Service for free, subject to monthly usage limits. For example, as of the Effective Date, Free plan users may transfer up to 2 GB of message data per month, store up to 1 GB of data on our servers, and connect up to 256 unique client devices or users. These limits may be adjusted by AirState from time to time and are listed on our website. If you reach a limit on the free tier, AirState may throttle your Service, suspend further usage until the next billing cycle, or require you to upgrade to a paid plan to continue use. We will attempt to notify you (e.g., by email or in the dashboard) if you approach or exceed your free usage limits. Any use of the Service beyond the free tier’s limits is not guaranteed and is subject to our discretion.
Pro/Unlimited Plan (Paid): The Pro plan requires payment of a recurring subscription fee. For example, as of the Effective Date, the Pro plan is offered at $24 per month, which includes a monthly allowance of 8 GB of data transfer and 8 GB of data storage, with the ability to have an unlimited number of client connections. If you exceed the included usage in a paid plan, overage fees will apply. Overage fees are usage-based charges for any resource consumption beyond your plan’s included limits. For instance, under current pricing, data transfer or storage beyond the included 8 GB per month is billed at $1.00 USD per additional GB. These rates and allowances may change, but we will inform you of any changes to pricing or limits by updating our pricing page and/or notifying you. By subscribing to a paid plan, you authorize AirState to charge your provided payment method for the monthly fee and any incurred overage fees or other charges as described in these Terms and on our site.
Enterprise Plan: For customers requiring higher volumes, dedicated infrastructure, or custom terms (for example, a private managed cloud, higher SLA commitments, custom feature development, or priority support), we offer an Enterprise plan on a negotiated, custom pricing basis. Enterprise plans will involve a separate Enterprise Agreement that may supersede some of these Terms. Unless otherwise agreed in writing, Enterprise customers are also subject to these online Terms for any matters not addressed in the custom agreement. (If there is a conflict between these Terms and your signed Enterprise agreement, the terms of the signed agreement will prevail for that Enterprise account.)

5.2. Payment Terms: If you sign up for a paid plan, you must provide a valid payment method (e.g., credit card or other accepted payment) and you authorize AirState to charge your card or account for all fees incurred. Subscription fees for the Pro plan are billed in advance on a monthly basis (unless another billing period is specified), and any usage-based overage fees are typically billed in arrears at the end of each billing cycle. For example, if you subscribe to Pro on the 1st of the month, the base fee will be charged on sign-up and then monthly, and any data overage charges incurred during a month will be charged at the end of that month or added to the next invoice. All fees are stated and must be paid in U.S. Dollars (USD). You are responsible for any taxes, duties, or government levies applicable to your use of the Service (excluding taxes based on our income). We will charge tax when required to do so (e.g., sales or use tax), unless you provide a valid tax-exempt certificate. 5.3. Overage and Limitations: It is your responsibility to monitor your usage. We may (but are not obligated to) send you warnings as you approach your plan’s limits (e.g., at 75%, 90%, 100% of your quota). If you exceed your plan’s included usage without upgrading, you hereby authorize us to bill you for the overages at the stated overage rates. If your usage significantly exceeds your plan and you have not arranged for an upgrade or cannot be successfully charged, AirState reserves the right to limit, suspend, or terminate your access to the Service to prevent abuse or unexpected costs. We will make a good-faith effort to contact you in such cases to resolve the situation. 5.4. No Refunds: Except as expressly provided in these Terms or required by law, all fees are non-refundable. This means that if you downgrade or cancel your paid plan in the middle of a billing period, or if your account is terminated due to a violation of these Terms, you will not receive a refund or credit for any period you already paid for. (If you believe extraordinary circumstances warrant a refund, you may contact us, and we will review such requests on a case-by-case basis, but we make no guarantee of refund.) 5.5. Late Payments: If we are unable to charge your provided payment method for any reason (e.g., card expiration or insufficient funds) or if your account is past due, we will attempt to notify you. We may suspend or limit your Service if fees are not paid within a reasonable time. Late payments may bear interest at the rate of 1% per month (or the highest rate permitted by law, if lower) from the due date until paid. You will be responsible for any reasonable costs of collection (such as legal fees) incurred by us in pursuing unpaid amounts. 5.6. Changes to Fees: AirState may change the subscription fees or overage rates for the Service from time to time. Any increase in base subscription fees will apply only at the end of your current billing term (with prior notice to you and an opportunity to cancel if you do not agree), or upon starting a new subscription term. We will not retroactively change fees in the middle of a paid term you already paid for. Updated pricing will be posted on our website. Continued use of the Service after a fee change takes effect constitutes your agreement to pay the new amount.

6. User-Generated Content and Data

6.1. Your Content: As part of using the Service, you and your end-users may transmit, upload, or store data, content, and materials through the AirState platform (“User Content” or “Your Content”). This could include, for example, text, messages, files, or other data that you send through the real-time collaboration APIs. You retain all ownership rights in your User Content. AirState does not claim ownership of any User Content that you or your end-users provide through the Service. These Terms do not grant us any ownership of Your Content. 6.2. License to AirState: You hereby grant AirState a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, host, store, transmit, and display your User Content solely for the purpose of operating, maintaining, and improving the Service and as otherwise necessary to provide the Service to you and other users. This means, for example, we may copy your data to backup servers, transmit it to end-users as you direct, or process it in memory for real-time collaboration functionality. We will not use your User Content for any purpose other than providing the Service to you (and improving that service), unless otherwise permitted by you or required by law. You also agree that we may internally use information about your usage and User Content in aggregate or anonymized form to analyze and improve our services (but not to disclose any of your confidential data to third parties, except as permitted in our Privacy Policy or these Terms). 6.3. Your Responsibilities for Content: You are solely responsible for all User Content submitted under your account (including content posted or transmitted by your end-users). You represent and warrant that: (a) you have obtained and will maintain all necessary rights, licenses, and consents to allow AirState to use, store, and transmit your User Content as permitted by this Agreement; (b) none of your User Content infringes or will infringe the intellectual property rights or privacy rights of any third party; (c) your User Content and use of the Service will comply with the Acceptable Use restrictions in Section 8; and (d) if your User Content includes personal data (personal information of individuals), you have provided all necessary notices and obtained any required consents for the processing of such personal data by AirState as a service provider. Do not upload any sensitive personal data (e.g. health information, social security numbers, credit card data, etc.) into the Service unless you have an agreement with us allowing for that, as the Service is not designed for handling highly sensitive regulated data without an appropriate arrangement. 6.4. Removal of Content: While we do not proactively monitor User Content, AirState reserves the right (but has no obligation) to block, remove, or disable any User Content on the Service that we determine, in our discretion, may violate these Terms or any applicable law, or that is otherwise objectionable or may expose AirState or others to harm or liability. We will make a reasonable effort to inform you of such action (unless the content is unlawful such that we are legally prevented from disclosing our actions). However, the primary responsibility for monitoring and moderating content in your use of the Service lies with you. If you become aware of any content that violates these Terms or infringes third-party rights, you should promptly remove it or notify AirState. 6.5. Backup and Data Retention: The Service is not intended to be your sole repository for your User Content. You are responsible for maintaining your own backups of important data. While AirState may employ routine backups and redundancy, we do not guarantee that any content can be recovered once deleted. Upon termination of your account (by you or by us), we may permanently delete your User Content from our active systems, and you will not be able to recover it. We may retain certain data in backups or archives for a period of time as required for legal, compliance, or technical reasons, but it will not be accessible to you unless required by law. Refer to our Privacy Policy for more details on data retention. 6.6. Feedback: If you provide any suggestions, ideas, feedback, or reports of issues to AirState (“Feedback”), we appreciate it! However, you acknowledge that AirState is free to use or not use any Feedback at its discretion, and you hereby grant AirState a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any Feedback into our products and services without any obligation to you. Feedback is not considered confidential information, so do not submit any ideas or information you consider proprietary.

7. Intellectual Property Rights

7.1. AirState IP: The Service (including all software, code, backend infrastructure, APIs, websites, documentation, and visual design), as well as the AirState name, logos, and all related product or service names, design marks, and slogans, are the intellectual property of AirState LLC or its licensors. Except for the limited use rights expressly granted to you in these Terms, AirState and its licensors retain all rights, title, and interest in and to the Service and all associated intellectual property rights. You will not acquire any ownership interest in the Service or AirState trademarks by using our Service or by virtue of these Terms. You may not use the AirState name or any AirState trademarks or logos without our prior written consent, except as necessary to factually refer to our products or services (for example, you may say “This app uses the AirState API” as long as such use complies with any branding guidelines we publish). 7.2. Intellectual Property in Open Source: The Open Source Software is provided under the MIT License, which grants you broad rights to use the code. However, the AirState name and logos are not part of the open-source license. If you use our open-source code in your self-hosted solution, you must still respect AirState’s trademarks (do not misrepresent your product as being officially from AirState if it is your own fork or deployment). Contributions you make to the open-source project (if submitted to AirState’s repositories) may be governed by additional contributor license agreements or open-source contribution terms which we will specify at the time of contribution. 7.3. Third-Party Materials: The Service may include or integrate third-party libraries, open-source components, or services (“Third-Party Materials”). Use of Third-Party Materials may be subject to additional terms from those third parties (for example, open-source licenses for included code). We will list any third-party notices or licenses in our documentation or on our website. You agree to comply with any such third-party terms when they are made known to you. AirState is not responsible for the content or services provided by third parties. 7.4. No Reverse Engineering: Except to the extent permitted by applicable law, you agree not to reverse engineer, decompile, or disassemble any object code of the cloud-hosted Service or otherwise attempt to discover the source code or underlying proprietary information of any portion of the Service that is not provided to you in source form (this does not apply to the open-source code which we provide openly). If you are expressly permitted by law to reverse engineer certain components for interoperability, you must first request the information from us and only engage in such activities to the minimum extent allowed by law. 7.5. Reservation of Rights: All rights not expressly granted to you in these Terms are reserved by AirState. You agree not to take any action inconsistent with AirState’s intellectual property rights in the Service. If you become aware of any infringement or unauthorized use of AirState’s intellectual property, you agree to promptly notify us.

8. Acceptable Use and Restrictions

To ensure the Service is used safely and as intended, you agree to abide by the following acceptable use rules. You shall not, and shall not permit or encourage any third party (including your end-users) to:

8.1. Illegal or Harmful Use: Use the Service in any manner that violates any applicable law or regulation, or for any unlawful, fraudulent, or harmful purpose. This includes, without limitation, using the Service to transmit or store material that is defamatory, harassing, abusive, obscene, pornographic (e.g. child pornography is strictly prohibited), or that promotes violence or illegal activity.
8.2. Infringement of Rights: Use the Service to upload, transmit, or store any content that infringes or misappropriates any third party’s intellectual property rights or privacy/publicity rights. You must have the necessary rights to all content you transmit via the Service.
8.3. Security Violations: Attempt to gain unauthorized access to the Service or related systems or networks, or circumvent or disable any security or technical measures of the Service. You must not probe, scan, or test the vulnerability of any AirState system or network without authorization. Do not misuse API keys – for example, by embedding keys in public open-source projects or otherwise making them available such that others can use your account.
8.4. Disruption and Abuse: Interfere with or disrupt the integrity or performance of the Service or the data contained therein. You will not use the Service to knowingly transmit any viruses, malware, or harmful code. You will not perform any activity that degrades the Service for other users (such as a denial-of-service attack or any abusive scripting or process that places undue burden on the infrastructure).
8.5. Spam and Misuse: Use the Service to send unsolicited bulk messages or communications (“spam”), or to engage in phishing, spamming, or other unsolicited advertising or promotional activities. You also agree not to use the Service to collect information about others without consent, or to distribute spyware, adware, or other unwanted programs.
8.6. Personal Data and Privacy Violations: Use the Service in a way that violates individuals’ privacy rights or applicable data protection laws. You should not upload personal data to the Service unless you have the right to do so and have provided any required notices or obtained consent. In particular, you will not use the Service to collect, process, or store any sensitive personal information (such as financial information, health data, or other sensitive categories) unless in compliance with all applicable laws and with prior notice to AirState.
8.7. High-Risk Use: Use the Service in connection with any inherently dangerous, life-critical or safety-critical applications where failure of the Service could lead to death, personal injury, or severe property or environmental damage. For example, you should not rely on the Service for operating medical devices, emergency response systems, autonomous vehicles, or aircraft navigation. We disclaim any liability for such high-risk use, which you engage in at your own risk.
8.8. Misrepresentation and Fraud: Misrepresent or mask your identity or the origin of any content or data you transmit through the Service. You must not impersonate any person or entity or forge any headers or part of a message to disguise its origin. You will not use the Service to commit fraud or to engage in phishing attacks.
8.9. Competitive Use: Use the Service for the purpose of developing or enhancing a competing product or service. For example, you are not allowed to sign up for our Service to scrape data or analyze functionality in order to build a similar real-time API offering in competition with AirState. Similarly, you must not misuse any provided SDKs or code to circumvent usage limits or to create a derivative service that competes with our cloud offering (note: using the open-source self-hosted version to run your own instance for your company or clients is allowed under the MIT License, but representing it as an AirState-hosted service or reselling our cloud service without permission is prohibited).
8.10. Other Unethical Activities: Engage in any other activity that is reasonably deemed by AirState to be unethical, damaging to our reputation, or outside the intended use cases of the Service. This includes attempting to use the Service in a way intended to avoid fees (e.g., creating multiple free accounts to circumvent the free tier limits without permission), or using any automated means to create accounts or harvest data from the Service (scraping) without our explicit consent.

If you are unsure whether something is permitted, please contact us or consult our documentation and policies. We reserve the right to investigate any suspected violation of this Section 8. Violations of Acceptable Use may result in suspension or termination of your account or other remedial action (see Termination below). AirState may also report any activity that appears to violate law to law enforcement, and will cooperate with authorities as required by law.

9. Privacy and Data Security

Your privacy is important to us. Please review our Privacy Policy (available on our website) to understand how we collect, use, and protect personal information. By using the Service, you consent to the collection and use of information as described in the Privacy Policy. In particular, our cloud Service will collect certain data such as account information, usage metrics, and possibly the contents of communications you transmit (which are necessary to provide the Service). We will handle all personal data you provide in accordance with applicable data protection laws and our Privacy Policy. You are responsible for obtaining any necessary consent from your end-users for AirState’s processing of their data as part of providing the Service. You should not upload any personal data to the Service that is not needed for the Service’s functionality. We implement industry-standard security measures to protect the Service and your data; however, you acknowledge that no system is perfectly secure and we cannot guarantee absolute security. Notify us immediately if you discover any security vulnerabilities or suspect any unauthorized access to your or any user’s data. If a data breach occurs that affects your User Content, we will notify you as required by law and work to mitigate the impact. Further details about our security practices may be found on our website or documentation.

10. Term and Termination

10.1. Term: These Terms commence on the date you first accept them (by using the Service or clicking “Accept” if presented) and will continue in effect until terminated as provided herein. 10.2. Your Right to Terminate: You may stop using the Service at any time. You may also terminate your account and this Agreement at any time for any reason by providing written notice to AirState (for example, by email to support or via an account settings cancellation option if available). If you terminate a paid subscription, the termination will take effect at the end of your current billing period unless you explicitly request immediate termination (note: no pro-rata refunds will be given, per Section 5). 10.3. AirState’s Right to Suspend or Terminate: We may suspend your account or access to the Service, or terminate this Agreement, at our discretion upon notice to you if:

You violate any provision of these Terms (or act in a manner that clearly shows you do not intend to or cannot comply with these Terms),
You fail to pay any applicable fees or charges within a reasonable period after they are due,
We are required to do so to comply with a law or a binding order of a governmental authority (for example, if providing the Service to you becomes unlawful), or
If we discontinue the Service entirely.

In certain serious cases (e.g., if we reasonably believe you are using the Service in a way that could cause us legal liability or disrupt others’ use of the Service, or if you are engaging in fraudulent or unlawful activities), we may suspend or limit your access immediately without notice. We will make a good faith effort to contact you and resolve the issue before termination when practicable. 10.4. Effect of Termination: Upon termination of your account or this Agreement for any reason, (a) all rights and licenses granted to you under these Terms will immediately end; you must stop using the Service and the AirState APIs, and destroy any confidential information or API keys obtained under these Terms; (b) any outstanding payment obligations you have will become due (for example, if you terminate before the end of a billing cycle, you are responsible for any unpaid fees for that cycle, and if we terminate for your breach, any fees already paid are nonrefundable); and (c) we may delete or deactivate your account and all associated data, content, or usage history from the Service (except we may retain archival copies for record-keeping as required by law or our internal policies). 10.5. Data Portability: In general, prior to termination, you should export any User Content or data you wish to retain. We have no obligation to provide you with a data export after termination. However, if you terminate and need to retrieve certain data that was stored in the Service, contact us promptly. We may, at our discretion, assist in providing available data (which may be subject to additional fees depending on the effort involved), but we do not guarantee data availability once the account is closed. 10.6. Surviving Provisions: Any provision of these Terms which, by its nature, should survive termination (such as indemnities, limitation of liability, disclaimers of warranties, accrued payment obligations, and provisions regarding intellectual property ownership and dispute resolution) will survive the termination of this Agreement.

11. Disclaimer of Warranties

THE SERVICE (INCLUDING THE CLOUD-HOSTED API SERVICE, THE OPEN SOURCE SOFTWARE, AND ANY RELATED SUPPORT OR TOOLS) IS PROVIDED “AS IS” AND “AS AVAILABLE.” Your use of the Service is at your own risk. To the maximum extent permitted by law, AirState disclaims all warranties and conditions, express, implied, or statutory, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Service will meet your requirements or expectations, that the Service will be uninterrupted, timely, secure, or error-free, or that any data or content you store or transmit through the Service will be secure or not otherwise lost or damaged. No advice or information (whether oral or written) obtained from AirState or through the Service shall create any warranty not expressly stated in these Terms. Specifically, and without limiting the generality of the above, AirState makes no guarantee of continuous or error-free uptime. We do not guarantee any specific response times, reliability, or results from use of the Service. The Service is a platform provided for developers and is subject to improvement and modification. We do not guarantee that it will be suitable for your particular use or that it will operate in combination with other services or hardware you use. Any beta or experimental features are provided “as is” without any warranties whatsoever. Open Source Disclaimer: Any Open Source Software provided by AirState is offered with no warranties whatsoever, as stated in its license. You assume all risks associated with using or modifying open-source code. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you. In such cases, any required warranty is limited to the minimum warranty period or scope allowed by law.

12. Limitation of Liability

12.1. Indirect Damages: To the maximum extent permitted by law, in no event will AirState or its affiliates, officers, employees, agents, partners, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or related to your use of (or inability to use) the Service, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if AirState has been advised of the possibility of such damages. This limitation applies to any damages resulting from (i) use or misuse of the Service, (ii) inability to use the Service, (iii) unauthorized access to or alteration of your transmissions or data, (iv) statements or conduct of any third party on the Service, or (v) any other matter relating to the Service. 12.2. Liability Cap: To the extent that any liability is not disclaimed under Section 12.1, **the total aggregate liability of AirState (and its affiliates and agents) to you for all claims arising out of or relating to these Terms or the Service, **regardless of the form of the action, shall not exceed the greater of: (a) the total amount of fees you have paid to AirState for use of the Service in the twelve (12) months immediately prior to the event giving rise to the liability, or (b) USD $100. If you have paid no fees to AirState in that period (for example, if you are a free user), our total liability to you for any claim shall not exceed $100 USD. This limitation is cumulative and will not be increased by the existence of more than one incident or claim. We acknowledge that some jurisdictions do not allow the limitation of liability for personal injury, fraud, or willful misconduct, so if you are in such a jurisdiction, certain portions of these limitations may not apply to you. However, in any case, our liability will be limited to the fullest extent permitted by law. 12.3. Basis of the Bargain: You agree that the disclaimers and limitations of liability in these Terms are a fair allocation of risk and form an essential basis of the bargain between you and AirState. The Service would not be provided without such disclaimers and limitations. You acknowledge and agree that AirState has set its prices and entered into this Agreement in reliance on the disclaimers of warranty and the limitations of liability set forth herein, and that they reflect an agreed-upon allocation of risk between you and us. 12.4. No Liability for Free Services: You understand that for users on the free tier or using the open-source self-hosted software, AirState’s liability is especially limited. We have no liability arising from your free use of the Service or code, given that no fees are paid and the Service is provided as-is. If you are dissatisfied with the Service, your sole remedy is to stop using the Service.

13. Indemnification

You agree to indemnify, defend, and hold harmless AirState, its parents, affiliates, and their respective officers, directors, employees, contractors, and agents (the “Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, judgments, penalties, fees, and expenses (including reasonable attorneys’ fees) arising out of or relating to any third-party claims resulting from: (a) your use of the Service (including any activities under your account and use by your end-users), (b) your User Content or the combination of your User Content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third-party rights by your User Content or by the use of your User Content in the Service; (c) your breach or alleged breach of these Terms or violation of any applicable law or regulation; or (d) any fraud, gross negligence, or willful misconduct by you. We reserve the right, at our option, to assume exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations), in which case you agree to cooperate with our defense of such claim. You agree not to settle any such matter without the prior written consent of AirState. This indemnification obligation will survive any termination of your account or the Service.

14. Governing Law and Dispute Resolution

14.1. Governing Law: These Terms and any dispute arising out of or in connection with them or the Service shall be governed by and construed in accordance with the laws of the State of Colorado, USA, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms. 14.2. Jurisdiction and Venue: You agree that any dispute or claim arising out of or relating to these Terms or the Service shall be exclusively brought in the courts of the State of Colorado or the federal courts of the United States located in Denver, Colorado. You and AirState both consent to venue and personal jurisdiction in such courts, and waive any objections or defenses based on venue or inconvenient forum with respect to proceedings in these courts. Notwithstanding the above, AirState may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent immediate or irreparable harm (such as breach of intellectual property or unauthorized access to the Service). 14.3. Dispute Resolution and Negotiation: Before filing any claim against AirState, you agree to first try to resolve the dispute informally by contacting us at legal@airstate.dev. We will do the same, contacting you at the email address in your account profile. If a dispute is not resolved within 30 days of the initial notice, either party may proceed to formal legal action. (This informal dispute resolution process is voluntary and does not give rise to any legal obligations to reach an agreement; it is intended to encourage communication and potentially save both parties time and expense.) 14.4. Optional Arbitration Clause: [Optional] At our sole discretion, AirState may offer to resolve certain disputes through binding arbitration if both parties mutually agree in writing to do so, in which case we will work out a separate arbitration agreement (for example, using a service such as the American Arbitration Association, with proceedings in Denver, Colorado). However, unless and until such an arbitration agreement is made, the default forum for disputes is the courts as specified above. 14.5. Class Action Waiver: To the extent permitted by applicable law, you and AirState 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 or representative proceeding. Further, unless both you and AirState agree otherwise, the court may not consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. 14.6. Fees in Litigation: In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover its reasonable costs and attorneys’ fees. However, you agree that you will not seek attorneys’ fees or costs if you bring claims against us, to the maximum extent allowed by law.

15. General Provisions

15.1. Changes to Terms: AirState may amend or update these Terms from time to time. If we make material changes, we will notify you by posting the revised Terms on our website and/or via email or in-service notification. Changes will not be retroactive – they will become effective no sooner than 15 days after posting (or such later date as indicated in the updated Terms), except changes addressing new functions of the Service or changes made for legal reasons may become effective immediately. By continuing to use the Service after any changes come into effect, you agree to the revised Terms. If you do not agree with the changes, you must stop using the Service and, if applicable, cancel your account before the new Terms take effect. 15.2. Entire Agreement: These Terms (together with any supplemental policies or terms expressly referenced herein, such as our Privacy Policy, Acceptable Use Policy (if provided separately), and any applicable Enterprise or subscription order agreement) constitute the entire agreement between you and AirState regarding the Service, and supersede all prior or contemporaneous agreements, understandings, or communications between the parties, whether written or oral, relating to the subject matter hereof. In the event of a conflict between these Terms and any signed written agreement between you and AirState, the signed agreement will control to the extent of that conflict. 15.3. Assignment: You may not assign or transfer these Terms or any of your rights or obligations hereunder, whether by operation of law or otherwise, without AirState’s prior written consent. Any attempt by you to transfer or assign these Terms without consent will be null and void. AirState may assign or transfer these Terms freely to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns. 15.4. No Waiver: No failure or delay by either party in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right or remedy, and no waiver of any provision of these Terms shall be effective unless in writing and signed by the party being charged. A single or partial exercise of a right or remedy does not preclude further exercise of any other right or remedy. 15.5. Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect. The parties will negotiate in good faith a valid, enforceable substitute provision that most nearly effects the parties’ intent and the economic effect of the invalid provision. 15.6. Relationship of Parties: The relationship between you and AirState is that of independent contractors. These Terms do not create any partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties. You do not have any authority to assume or create any obligation for or on behalf of AirState, whether express or implied, and you shall not attempt to bind AirState to any contract. 15.7. No Third-Party Beneficiaries: Except as expressly stated (for example, the indemnified parties in Section 13, or AirState’s licensors with respect to their rights in their intellectual property), there are no third-party beneficiaries to these Terms. These Terms are for the benefit of you and AirState only. 15.8. Export Compliance and Sanctions: The Service, including any software we may provide, is subject to U.S. export control and economic sanctions laws. You represent that you are not located in, under the control of, or a national or resident of any country or region that is subject to U.S. sanctions (e.g., Cuba, North Korea, Iran, Syria, or the Crimea region of Ukraine, as of the Effective Date), and that you are not on any U.S. government list of prohibited or restricted parties (such as the Specially Designated Nationals list). You agree to comply with all applicable export and import laws and regulations in using the Service. This includes obtaining any necessary export licenses or approvals and not exporting or re-exporting the Open Source Software or any part of the Service to any prohibited country, entity, or person. 15.9. Notices: AirState may provide you with notices under these Terms by email to the address associated with your account, by written communication sent by first class mail or pre-paid post to your address on record (if provided), or by postings within the Service or our website. You must direct legal notices or claims to us at the following address:

AirState LLC, 1500 N Grant St, Ste R, Denver, CO 80203, USA (with a copy to legal@airstate.dev). 15.10. Contact Information: If you have any questions or concerns about these Terms or the Service, you may contact us at support@airstate.dev. We will do our best to respond and address your concerns.

By using the AirState Service, you acknowledge that you have read and understood these Terms and agree to be bound by them. Thank you for reading our Terms and for using AirState. We’re excited to see what you build with our real-time collaboration platform!