MOBILE APPLICATION END USER LICENSE AGREEMENT
Effective Date: April 1, 2024
Please read this Mobile Application End User License Agreement (“EULA”) carefully before downloading or using the Woosh Inc. (“Woosh”, “We” or “Us”) Airchat mobile application (“Mobile App”), which allows You to access Woosh’s internet-delivered service (“Subscription Service”) from Your mobile device(s).
This EULA forms a binding legal agreement between you (and any other entity on whose behalf you accept these terms) (collectively “You” or “Your”) and Woosh (each separately a “Party” and collectively the “Parties”) as of the date you download the Mobile App.
Your use of the Mobile App is subject to this EULA and Your use of the Subscription Service will remain subject to the existing agreement governing such use (the “Subscription Agreement”). With respect to the use of the Mobile App, and to the extent the Subscription Agreement conflicts with this EULA, the terms of this EULA will govern and control solely with respect to use of the Mobile App.
1. Non-Exclusive License
Woosh grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Mobile App for Your personal and internal business purposes strictly in accordance with this EULA and the Subscription Agreement.
2. Your Account
Your use of the Mobile App requires that You have an account with Woosh and agree to the terms of the Subscription Agreement.
3. Amendments
Woosh reserves the right to modify this EULA at any time and for any reason. Woosh will post the most current version of this EULA at https://www.Woosh.com/legal/mobile-eula. If Woosh makes material changes to this EULA, You will receive notification via the Mobile App. Notwithstanding the foregoing, You are responsible for complying with the updated terms posted online at Woosh’s website even if these updated terms appear online at Woosh’s website before being posted on the Mobile App. Your continued use of the Mobile App after Woosh publishes notice of changes to this EULA indicates Your consent to the updated terms.
4. No Included Maintenance and Support
Woosh may deploy changes, updates, or enhancements to the Mobile App at any time. Woosh may provide maintenance and support for the Mobile App but has no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice. You acknowledge that neither Apple (for iOS Mobile App) nor Google (for Android Mobile App) has an obligation to furnish any maintenance or support services in connection with the Mobile App.
5. Acceptable Use
You agree that You will be bound by Woosh’s Terms of Use found at www.getairchat.com/terms You also agree not to violate the usage limits or controls set forth by: (a) the App Store Terms of Service, for iOS users accessing the Mobile App on an Apple product, or (b) Google Play Terms of Service for Android users accessing the Mobile App on an Android product.
6. Privacy
In order to operate and provide the Subscription Service and the Mobile App, Woosh may collect certain information about You, including technical and telemetry data related to your use of the Mobile App. We use third party service providers to help us collect and analyze this data, including Google Analytics. Woosh uses and protects that information in accordance with the Woosh Privacy Notice (a current version of which can be found at www.Woosh.com/legal/privacy-offerings).
7. Consent to Electronic Communications and Solicitation
By downloading the Mobile App, You authorize Woosh to send You (including via email and push notifications) information regarding the Subscription Service and the Mobile App, such as: (a) notices about Your use of the Subscription Service and the Mobile App, including notices of violations of use; (b) updates to the Subscription Service and Mobile App and new features or products; and (c) promotional information and materials regarding Woosh's products and services. You can review Your account notification settings and adjust Your messaging preferences, including opting-in to additional messages or unsubscribing to certain messaging through the “Push Notifications” section of the Mobile App settings.
8. No Warranty
YOUR USE OF THE MOBILE APP IS AT YOUR SOLE RISK. THE MOBILE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WOOSH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
The Mobile App is only available for supported devices and might not work on every device. Determining whether Your device is a supported or compatible device for use of the Mobile App is solely Your responsibility, and downloading the Mobile App is done at Your own risk. Woosh does not represent or warrant that the Mobile App and Your device are compatible or that the Mobile App will work on Your device.
9. Suspension and Termination of the Mobile App
Woosh reserves the right to suspend or terminate Your access to the Mobile App at any time based on the status of Your account under the Subscription Agreement. You understand that if Your account is suspended or terminated, You may no longer have access to the content that is stored within the Subscription Service.
10. Legal Compliance
You represent and warrant that: (a) You are not located in a country that is subject to a United States Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the United States Code of Federal Regulations; (b) You are not located in a country that has been designated by the United States Government as a “terrorist supporting” country; and (c) You are not listed on any U.S. Government list of prohibited or restricted parties. You further agree not to transport the Mobile App to or use the Mobile App in any such country.
11. Objectionable Content Policy
Woosh Inc maintains a zero-tolerance policy regarding objectionable content. Objectionable content may not be uploaded or displayed to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials: (li) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity: (ill) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms: and (v) gambling, including without limitation, any online casino, sports books, bingo or poker. Any user can flag content they deem objectionable for review. Content will be moderated by Woosh Inc to ensure the timely removal of any and all objectionable content. User accounts which have been confirmed responsible for posting objectionable content will be restricted from access to the app.
12. Governing Law
This EULA shall be governed by and construed in accordance with the laws of the State of Delaware, without regards to conflicts of law principles.
13. Contact Information
If You have any questions regarding this EULA, please contact Woosh by email at support@getairchat.com, or by mail at 9450 SW Gemini Dr, PMB 97721, Beaverton, OR 97008-7105.