These Terms of Use (“Terms”) are an agreement between Aira Ltd. (DBA Simply) (“Aira” “we,” “us”, etc.) and you and govern your use of this site, registration on the site or use of mobile app, online portal, electronic forms, surveys and interactive exhibits related to this site and our services (collectively the “Services”).
BY DOWNLOADING, PURCHASING, USING, OR OTHERWISE ACCESSING ANY OF OUR SERVICES YOU ARE AGREEING TO THESE TERMS, AND ALL ORDER FORMS AND POLICIES INCORPORATED HEREIN BY REFERENCE INCLUDING OUR PRIVACY POLICY, FORM AN INTEGRAL AGREEMENT
If you do not agree to these Terms, you may not use our Services and if you have already begun using the Services you are required to cease doing so immediately. In order to participate in certain Services you may be required to download content, software, and/or required to agree to additional terms and conditions.
You affirm that you have read and accepted these Terms, and that you are fully able and competent to enter into and comply with their term and conditions, representations and warranties as set forth herein.
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO USE THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.
1.1. Aira Services provides fun and convenient Tools on web and mobile applications, through the follwing: (a) Speaker Repair and any other existing application or that shall be developed and/or offered by Aira in the future; (b) Our website or mobile applications (the "Site"), and; (c) other features, content, applications and functionality of any kind that are currently offered or that shall be offered by Aira in the future.
1.2. Subject to your agreement and continuing compliance with these Terms and Privacy Policy, you may use our Services for your own purposes only. Unless expressly stated otherwise, nothing in these Terms shall be deemed as providing you a commercial license of any kind with respect to the Services. No right or license is granted to distribute, publicly perform or prepare derivative works of any content accessed through the Services.
1.3. You are using the Services at your own responsibility and risk. Aira does not take any responsibility, or provide any warranties, for the outcomes resulting from the use of the Services, nor does it guarantee any result of any kind.
2.1. Account Information. When creating or updating an account, you may be asked to provide Aira with certain personal information to improve your overall experience and personalize your progress. This information will be held and used with utmost care in accordance with the Privacy Policy. You agree that you will supply accurate and complete information to Aira and that you will update that information promptly after it changes.
2.2. Username and Password. During the account creation process, you may be asked to select a password. You shall not share the account or the Login Information, let anyone else access your account, or do anything else that might jeopardize the security of your account. You are solely responsible for maintaining the confidentiality of the login information, and you will be responsible for all uses of the login information. You are responsible for anything that happens through your account.
2.3. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the login information, you must immediately notify Aira at aira@ilnet.cn and modify your login information.
2.4. Aira reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a Third Party that a username violates such Third Party's rights.
3.1. Account Limitations. Any use of the Services in violation of these Terms is strictly prohibited, can result in the immediate revocation of authorization to use the Services, and may subject you to liability for violations of law. You agree that you will not, under any circumstances:
Use the Services, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously offensive;
Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person;
Without Aira' express written consent, use the Services or any part thereof for any commercial purpose;
Interfere or attempt to interfere with the proper functioning of the Services or connect to or use the Services in any way not expressly permitted by these Terms of Use;
Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services, or to obtain any information from the Services using any method not expressly permitted by Aira;
Copy, modify or distribute rights or content from any Services or Aira' copyrights or trademarks or use any method to copy or distribute the content of the Services except as specifically allowed in these Terms;
Unless otherwise stated, you shall use your account only for your private non-commercial purposes; and
You shall not use your account to engage in any illegal conduct.
3.2. Suspension and Termination of Account and Services. Without limiting any other remedies, Aira may limit, suspend, terminate, modify, or delete accounts or access to the Services or portions thereof if you are, or if Aira suspects that you are, failing to comply with any of these Terms of Use or for any actual or suspected illegal or improper use of the Services, with or without notice to you. Termination of your account can include disabling your access to the Services or any part thereof including any content you submitted or others submitted.
3.3. You may not use or export anything (including information) from the Site in violation of U.S., Israeli or other applicable export laws, regulations or the Terms. You acknowledge and confirm that you are not: (a) a resident in a country or territory that is the target or comprehensive U.S. or Israeli economic or trade sanctions - currently, Lebanon, Cuba, Iran, Syria, North Korea, the Crimea region of Ukraine, and certain restrictions imposed by the EU and the UK on Russia and Belarus with respect to the invasion to Ukraine, if still applicable; (b) identified on a list of prohibited or restricted persons, such as the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons, or (c) otherwise the target of U.S. sanctions.
4.1. Age Limitation; Parental Consent. You shall not use the Services without the express consent of a parent or a legal guardian if you are under the age of 16. If you are under 13 you are forbidden to disclose any personal information without appropriate parental or legal guardian approval. You accept full responsibility for any unauthorized use of the Services by minors in connection with your account.
4.2. Payments by Parents. If you are under the age of 18 you are not permitted to place payments without parental or legal guardian consent. Parents are required to protect their payment information and Aira shall not be held responsible for any unauthorized payment. You are responsible for any use of your credit card or other payment instrument;
4.3. Restricted Access Features. Some Services may include areas which are restricted to adults over the age of 16 and are intended solely for the parents and/or Music Teachers of minors and adult users using our Services (“Restricted Areas”). Restricted Areas are generally called "Parents/Teachers Zone", but may also be called by a different, yet clear, name which shall identify it as a Restricted Area in each of the Services. Restricted Areas may contain links to placing payments and may include permissions to share personal information with other persons (i.e. students sharing assignments with their Music Teacher).
5.1. In case you are employed or self employed as a music teacher we encourage you to incorporate the use of our Services during lessons, extra curriculum, bonus assignments and any other strictly educational purpose in the course of your teachings.
5.2. You may not, however, charge additional fees for incorporating Services into your teachings. For the avoidance of doubt and in accordance with the aforesaid, Aira does not guarantee and does not take any responsibility for outcomes of using the Services.
6.1. Some Services can be accessed for FREE of charge, additional Services may require payment. In consideration for the right to use the Services under the terms herein, you will pay subscription fees in the amount and subject to the payment terms set forth in your order form, which will apply to any additional subscriptions you purchase during the subscription term.
6.2. Your subscription fees are exclusive of taxes, levies, duties or similar governmental assessments of any kind (excluding taxes based on our income, property and employees). You will be responsible for paying any and all such taxes.
6.3. For further details see our Payment Policy which forms an integral part of these Terms.
7.1. User Generated Content. You may upload, post or otherwise provide variety of information, including (without limitation) information, data, text, software, photographs, graphics, video, messages or other materials (including without limitation, IP addresses and your personal information), in connection with the Services (“Your Content”).
7.2. When you provide Your Content, such as by uploading information, you represent and warrant that Your Content is: (a) wholly your original work, or (b) that you have all necessary right, title, interest and licenses to upload it and make it available to Aira and other users for download, distribution and use under these Terms without (i) violation (by you, us, third parties, users or anyone else) of any applicable license, restriction or law, or (ii) a potentially adverse consequence to us, third parties, users or anyone else that you have not conspicuously disclosed in Your Content.
7.3. When you provide Your Content grant Aira, its affiliates, third parties sub-licensees and successors and assigns, and of our users who download Your Content under these Terms, a perpetual, nonexclusive, worldwide, royalty-free, fully paid up, irrevocable license to (i) use, copy, distribute, modify and create derivative works from Your Content; (ii) publicly perform or display, license and distribute copies of Your Content, modified Your Content and derivative works of Your Content; and (iii) sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, as necessary or advisable (as determine by us or other licensed person in its sole discretion) to allow Aira or other licensed person to fulfill its mission, to further its related operations, and to create, advertise, operate and manage the Services.
7.4. In our ongoing efforts to improve the Services, Your Content may be accessed as necessary to provide the Service, disclosed to data processors who act on our part, as further described in our Privacy Policy.
7.5. We reserve the right to remove Your Content if we believe Your Content violates these Terms or may otherwise create liability for us.
7.6. Third Party Content. Services might offer hyperlinks to third party sites and may display content and other information from third party sites (“Third Party Content”). As a general rule, Aira allows only child-safe, education/music oriented Third Party Content to be promoted via the Services. We have no control over these third-party websites and applications. That being said, Aira does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of Third Party Content. Aira shall not be responsible for any damages, errors, omissions or for the results obtained from the use of such Third Party Content. Please be sure to review the terms of use and privacy policy of any third-party websites or applications before you share any Third Party Content or information with such third-party providers.
7.7. On-site and In-app Activities. Our Services provided As-Is and when available, and we may change all content, functionality and services in our discretion at any time. We may also do this for particular activities even if you have started to participate. For example, we can suspend a course or a program or change a course description at any time even if you have already applied, and not all courses may be posted at all or on the Site. Also, we or third parties might make a mistake and we reserve the right to correct anything, including but not limited to content or assistance on the Site. For example, we may correct, change, withdraw or do anything else with a course description even if you have already taken action based on it.
8.1. The Services (including without limitation any content, games, melodies, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, and moral rights) are copyrighted works owned by Aira and its third-party licensors or providers, unless expressly indicated otherwise. Aira reserves all rights, including without limitation, all intellectual property rights, or other proprietary rights, in connection with the Services.
8.2. Our Site, excluding Your Content and inclusive of names, logos, trademarks and service marks (collectively, “Marks”), any and all related or underlying technology and any modifications, enhancements or derivative works of the foregoing, are the property of ilnet.cn and its licensors, and may be protected by applicable copyright or other intellectual property laws and treaties. All rights not expressly granted to you are reserved. You are not authorized to use any of Aira’s Marks without our prior written consent.
8.3. Much of the content available through the Services is not available for downloading, such as our copyrighted works that we do not distribute or works of others that we are not permitted to distribute. However, we also may have content that if so designated may be downloaded by you pursuant to these Terms (“Available Content”).
YOU MAY REVIEW, DOWNLOAD, COPY, DISTRIBUTE AND USE THE AVAILABLE CONTENT SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. YOU MAY NOT SELL THE AVAILABLE CONTENT OR OTHERWISE DISTRIBUTE IT FOR A FEE. YOU WILL NOT USE OR DISCLOSE IT OR THE SITE TO ANY THIRD PARTIES EXCEPT AS EXPRESSLY PERMITTED BY THESE TERMS.
8.4. YOU ACKNOWLEDGE AND AGREE THAT NOTHING IN THESE TERMS OF USE SHALL HAVE THE EFFECT OF TRANSFERRING THE OWNERSHIP OF ANY COPYRIGHTS, TRADEMARKS, SLOGANS, SERVICE MARKS, TRADE NAMES, TRADE DRESS OR OTHER PROPRIETARY RIGHTS IN THE SITE OR CONTENT OR ANY PART THEREOF TO YOU OR ANY THIRD PARTY.
9.1.1 THE SERVICES AND ALL MATERIALS CONTAINED IN THEM ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
9.1.2 Please note that you are using the Services at your own responsibility and risk. Aira does not take any responsibility, or provide any warranties, for the outcomes resulting from the use of the Services, nor does it guarantee any result of any kind. Aira shall not be held responsible for any malfunction or damages caused by using Services, downloadable files and/or installation of Services.
9.1.3 Some of the Services are not compatible with the entire variety of mobile devices and computers. You shall be solely responsible for procuring a compatible device if you wish to use some or all of the Services offered by Aira.
9.1.4 Some jurisdictions do not allow the exclusion of implied warranties or limitations as specified here and, to the least extent as allowed by law, such exclusions and limitations may not apply to you.
9.2.1 TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AIRA, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED IN THE SERVICES WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY AIRA OR ANY THIRD PARTY, DAMAGES FOR LOST PROFITS, FOR LOSS OF PRIVACY OR SECURITY, FOR LOSS OF REPUTATION, FOR LOST OPPORTUINITY OR LOST BUSINESS, FOR FAILURE TO MEET ANY DUTY (INCLUDING WITHOUT LIMITATION ANY DUTY OF GOOD FAITH OR LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT).
9.2.1 Notwithstanding the foregoing, in no event shall Aira' liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any.
9.3.1 You agree to indemnify, defend and hold harmless, Aira, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and Third Party providers to the Sites from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you. Aira reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Aira in asserting any available defenses.
9.3.2 You agree that the provisions in this section paragraph will survive any termination of your account(s) or of the Service.
9.4.1 YOU AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THESE TERMS (INCLUDING WITHOUT LIMITATION, THE PRIVACY POLICY) AND FOR ANY AGGREGATE DAMAGES DUE TO YOU (OR OTHERS RELATED TO YOU) BY AIRA LTD. OR ANY OF THE THIRD PARTIES FOR ANY REASON RELATING TO ANY PART OF THE COMPLETE SITE, WILL BE AT OUR OPTION: (A) SUBSTITUTION, CORRECTION OR REPLACEMENT OF ALL OR PART OF THE CONTENT OR SERVICE CAUSING YOUR DAMAGE (IF ANY); OR (B) ONE-HUNDRED USD (US $100).
9.4.2 THE DAMAGE EXCLUSIONS AND LIMITATIONS IN THESE TERMS ARE INDEPENDENT AND WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY AS SPECIFIED HEREIN AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU
10.1 We strongly encourage you to contact us directly before resorting to litigation. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
10.2 These Terms of Use and the relationship between you and AIRA shall be governed by the laws of the State of Israel without regard to its conflict of law provisions. You agree to submit claims and disputes to the exclusive jurisdiction of the competent court in the Tel Aviv, Israel. You hereby waive any and all jurisdictional and venue defenses otherwise available.
10.3 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
11.1 Aira reserves the right, to change and/or modify these Terms of Use from time to time, at its sole discretion. You have no continuing right to use the Site, and each time you visit you will be subject to the version of the Terms in effect on your visit. Any such change or modification shall come into effect immediately after posting them to the Site or through the Services. You also acknowledge and agree that Aira may update the Services with or without notifying you. By continuing to use our Services you accept such changes and modifications in the Terms of Use.
11.2 If as a result of changes or modifications made in the Terms of Use or the Privacy Policy you are no longer agreeing to either one of them, you must immediately stop using our Services.
11.3 To the extent that these Terms of Use conflict with the Privacy Policy or any other Aira Terms of Use or policies, these Terms of Use shall govern.
12.1 Assignment. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without Aira' prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
12.2 Entire Agreement. These Terms of Use contain the entire understanding of you and Aira and supersede all prior understandings, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Services.
12.1 Severability. In the event that any portion of these Terms of Use is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions, which shall continue to be in full force and effect.
12.1 Notices. We may notify you via e-mail or by posting on the Site. All notices given by you or required from you under these Terms of Use shall be in writing and addressed to: aira@ilnet.cn. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
You may access parts of the Services for free, and other parts of the Services require payment of subscription and/or other fees (“Paid Content”). Fees charged may be one-time payments or automatically renewing payments as further described in the respective Services platform(s). By choosing to access, buy or subscribe to any Paid Content, you hereby authorize Aira to charge the credit card or any other payment method that you choose to use, for all the costs and charges that apply to such Paid Content. You acknowledge and agree that you are solely responsible for all applicable fees and charges incurred, including applicable taxes, and all subscription fees and purchases made by you or by anyone that has used your account(s). If you are acting on behalf of an entity, you represent that you are authorized to act on behalf of such entity. Please note that Aira may use a third-party payment processor to facilitate payments for the Services. If you make a purchase through a third-party application store, such as Apple App Store or Google Play Store, your purchase will be subject to such Third Party’s applicable payment policy, terms of use and other applicable policy's such third parties may have in place.
To access Paid Content, you must provide valid and accepted payment information. If the payment information provided by you is declined for payment of the Paid Content you are subscribed to, you must provide Aira with alternative valid payment information or your access to Paid Content may be suspended at Aira' sole discretion. In such an event, you will get access to Paid Content as soon as the provided payment information has been processed and approved.
When you subscribe for Paid Content, Aira may, from time to time at its sole discretion offer a trial period in which such Paid Content may be accessed without payment or at a reduced rate (“Trial Period”). This may vary depending on promotions, type of subscription and the term you select at the time of purchase. Aira reserves the right, in its absolute discretion, to determine your eligibility for a Trial Period and may cancel or change the Trial Period terms at any time without notice and/or liability to you, within the limits permitted by applicable law. Aira may require you to provide your valid payment information in order to start the Trial Period. By providing this information, you agree that unless you choose to cancel your paid subscription prior to the end of the Trial Period, Aira may automatically begin charging you for such Paid Content, starting on the first day following the Trial Period, on a monthly (or other recurring) basis as notified to you, until you cancel your subscription to such Paid Content (i.e. turn off automatic renewal from your 'account settings' or via the Apple App Store or the Google Play Store). If you do not want to be charged, you must cancel your subscription to such Paid Content before the end of the Trial Period. If you cancel your subscription to Paid Content, your Account will only have access to those parts of our Services that you may access for free.
The subscription fee for our auto-renewable subscription plans may be billed as one-time advance payment for the subscribed period (e.g., 1, 3, 6 or 12 months) or in monthly installments charged every month in advance for the duration of the subscription period.
The pricing and terms applicable to your subscription may vary depending on promotions, type of subscription and the subscription period you select at the time of purchase. If your subscription started with a promotion or Trial Period at a reduced rate, your renewal rate may be higher than your initial rate. In some cases, your payment billing dates or billing term for your subscription may change if your payment was not successfully finalized on the original due date. Aira will use reasonable efforts to inform you of the billing term change through email. If you have registered for any Paid Content, you may change your mind and receive a full refund of all monies paid within thirty (30) days from your subscription to such Paid Content, provided that during such period you have not at any time used or otherwise accessed such Paid Content. If you choose to sign up for an auto-renewable subscription for Paid Content, you understand and agree that your subscription will automatically renew at the end of the subscription period, and that payment for the renewal period is automatically charged to you using the payment information you have provided, unless you cancel your subscription before the end of the then-current subscription period.
Aira reserves the right to modify the subscription fees for the Services, effective upon commencement of the next renewal subscription term of the relevant order form(s), by notifying you of such change in writing at least 30 days before the end of the then-current subscription term and the relevant order form(s) will be deemed amended accordingly. You will receive standard updates to the Services that are made generally available by us during the subscription term specified in the order form. However, we reserve the right to offer additional functionality or premium feature improvements for an additional cost. All rights not expressly granted herein are reserved by Aira and its licensors. Aira may at its sole discretion, from time to time, cancel or add Services offered for free, increase or decrease the amounts required for paid Services, request payment for Services that had previously been offered for free and introduce new Services either free of charge or paid ones
6.1. In order to place payments you will be redirected to a trusted payment solution site. No payment information is collected, processed and/or saved by Aira
6.2. You can cancel your auto-renewing subscription to Paid Content via your account settings or by contacting our support by opening a support ticket on the Site or applicable app. If you purchased a paid subscription to Paid Content via a Third Party, such as Apple App Store or Google Play Store, you can cancel such paid subscription via such Third Party following the applicable terms and payment policies of such Third Party. Except as specifically provided otherwise in these Terms of Use, you hereby agree that any payment made by you to Aira is and will be FINAL and NON-REFUNDABLE.
Aira' prices and fees may change from time to time. If the pricing of your Paid Content changes, Aira will notify you in advance and provide you with an opportunity to review such changes to your subscription fee. Price changes will take effect at the beginning of the next subscription period after the date of the price change. If you do not agree to a price change, then your only right is to terminate your account. To the extent permitted under applicable law, continuing to use the Services after any price or fee change takes effect, shall indicate that you accept such price or fee change. If you do not accept a price change, your only right is to refuse the change by cancelling the subscription to Paid Content before the price change takes effect.
You agree that in the event Aira is unable to collect the subscription fees owed to Aira for the Services, we may take any other steps we deem necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by Aira in connection with such collection activity, including collection fees, court costs, and attorneys’ fees.
if you fail to make any payment when due, then, in addition to all other remedies that may be available: (i) we may collect interest at the lesser of 1.0% per month or the highest amount permitted by law on any amounts not paid when due; and (ii) if such failure continues for 7 days following written notice thereof, we may suspend performance of the Services until all past due amounts and interest thereon have been paid, without incurring any obligation or liability to you by reason of such suspension. Except to the extent otherwise expressly stated in these Terms or in an order form, all obligations to pay subscription fees are non-cancelable and all payments are non-refundable. You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by us regarding future functionality or features.
are free for registered teachers only and their students. Aira reserves the right, to change and/or modify this free offering, at its sole discretion. Any such change or modification shall come into effect immediately after posting them to the Site or Services and/or proper written notice to our users and may include disconnection after notice.