Terms of Service

Last Updated: October 5, 2023

Please read these Terms of Service (the “Terms“) and our Privacy Notice (“Privacy Notice“) carefully because they govern your use of the website located at www.getairspeed.com (the “Site“) and the services accessible via the Site and corresponding mobile application (“App“) offered by Airspeed, Inc. (“Airspeed”). To make these Terms easier to read, the Site, our services and App are collectively called the “Services.”

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND AIRSPEED THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 16 “DISPUTE RESOLUTION FOR INDIVIDUALS” AND SECTION 17 “DISPUTE RESOLUTION FOR ENTITIES” BELOW FOR DETAILS REGARDING ARBITRATION.

    1. Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. IF YOU ARE ACCESSING AND USING THE SERVICES ON BEHALF OF A COMPANY (SUCH AS YOUR EMPLOYER) OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THESE TERMS. IN THAT CASE, “YOU” AND “YOUR” WILL REFER TO THAT ENTITY.
    2. Privacy Notice. Please review our Privacy Notice, which also governs your use of the Services, for information on how we collect, use and share your information.
    3. Changes to these Terms or the Services. We may update the Terms from time to time at our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, to the App and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
    4. Who May Use the Services?
      1. Use of the Services. You may use the Services only if you are 18 years or older and capable of forming a binding contract with Airspeed, and not otherwise barred from using the Services under applicable law.
      2. Account Registration. For certain features of the Services, you’ll need an account. In order to create an account, you will need an email address issued from a company or other similar organization. It’s important that you provide us with accurate, complete and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You’re responsible for all activities that occur under your account.
      3. Authorized Users. If you are a company or other legal entity, the Services may only be accessed and used by your employees or contractors who have been designated and authorized by you to be granted such access (each an “Authorized User”) for the sole purpose of performing their job functions for you. Each account for the Services may only be accessed and used by the specific Authorized User for whom such account is created. The account credentials are confidential and cannot be shared or used by more than one person. You are responsible and liable for: (i) all actions taken under an Authorized User’s credentials, whether or not such action was taken or authorized by the Authorized User; and (ii) all uses of the Services resulting from access provided by Airspeed, directly or indirectly, whether such access or use is permitted by or in violation of these Terms.
    5. Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
    6. Your Content.
      1. Posting Content. Our Services may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, music, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content”. Airspeed does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
      2. Permissions to Your User Content. By making any User Content available through the Services you hereby grant to Airspeed a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services.
      3. Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Airspeed on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
      4. Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
      5. Airspeed’s Intellectual Property. We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content.
      6. Data Processing Addendum. Each party will comply with its applicable obligations under the Data Processing Addendum attached hereto as Attachment 1, the terms of which are incorporated herein by reference.
    7. Rights and Terms for Apps.
      1. App License. If you comply with these Terms, Airspeed grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.
      2. Additional Information: Apple App Store. This Section 7(b) applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.
    8. General Prohibitions and Airspeed’s Enforcement Rights. You will not, and will ensure your Authorized Users will not, do any of the following:
      1. Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
      2. Use, display, mirror or frame the Services or any individual element within the Services, Airspeed’s name, any Airspeed trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in a manner outside of the standard and intended functionality of the Services, without Airspeed’s express written consent;
      3. Access, tamper with, or use non-public areas of the Services, Airspeed’s computer systems, or the technical delivery systems of Airspeed’s providers;
      4. Attempt to probe, scan or test the vulnerability of any Airspeed system or network or breach any security or authentication measures;
      5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Airspeed or any of Airspeed’s providers or any other third party (including another user) to protect the Services;
      6. Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Airspeed or other generally available third-party web browsers;
      7. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
      8. Use any meta tags or other hidden text or metadata utilizing a Airspeed trademark, logo URL or product name without Airspeed’s express written consent;
      9. Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
      10. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
      11. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
      12. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
      13. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
      14. Impersonate or misrepresent your affiliation with any person or entity;
      15. use the Services to develop, commercialize, license or sell any product, service or technology that could, directly or indirectly, compete with the Services or Airspeed;
      16. Violate any applicable law or regulation; or
      17. Encourage or enable any other individual to do any of the foregoing.

      Airspeed is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

    9. DMCA/Copyright Policy. Airspeed respects copyright law and expects its users to do the same. It is Airspeed’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
    10. Third-Party Websites, Resources, and Services.
      1. Third-Party Websites and Resources. The Services (including the App) may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.
      2. Third-Party Services. Certain features and functionalities within the Services may allow you and your Authorized Users to interface or interact with, access and/or use compatible third-party services, products, technology and content (collectively, “Third-Party Services”) through the Services. Airspeed does not provide any aspect of the Third-Party Services and is not responsible for any compatibility issues, errors or bugs in the Services or Third-Party Services caused in whole or in part by the Third-Party Services or any update or upgrade thereto. You are solely responsible for maintaining the Third-Party Services and obtaining any associated licenses and consents necessary for you and your Authorized Users use of the Third-Party Services in connection with the Services.
    11. Termination. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at account@getairspeed.com. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 6(b), 6(c), 6(e), 8, 11, 12, 13, 14, 15, 16, 17, and 18.
    12. Warranty Disclaimers. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.
    13. Indemnity. You will indemnify and hold Airspeed and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.
    14. Limitation of Liability.
      1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER AIRSPEED NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AIRSPEED OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
      2. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL AIRSPEED’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO AIRSPEED FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO AIRSPEED, AS APPLICABLE.
      3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AIRSPEED AND YOU.
    15. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 16 “Dispute Resolution for Individuals” or Section 17 “Dispute Resolution for Entities” (as applicable), the exclusive jurisdiction for all Disputes (defined below) that you and Airspeed are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and Airspeed each waive any objection to jurisdiction and venue in such courts.
    16. Dispute Resolution for Individuals. If you are an individual who uses the Services for yourself and not on behalf of an organization or entity, disputes with Airspeed shall be resolved as set forth in this Section 16.
      1. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Airspeed agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Airspeed are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
      2. Exceptions. As limited exceptions to Section 16(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
      3. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Consumer Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Consumer Rules. The AAA provides a form Demand for Arbitration at www.adr.org.

        The arbitration will be conducted using remote conferencing technology (e.g., by videoconference), in person in San Francisco, California, United States or at some other location that we both agree to. Disputes that meet the requirements for desk arbitrations as set forth in the AAA Consumer Rules, may be resolved by the submission of documents only, as set forth in the AAA Consumer Rules, unless the Arbitrator decides that a hearing is necessary. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

      4. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
      5. Injunctive and Declaratory Relief. Except as provided in Section 16(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
      6. Class Action Waiver. YOU AND AIRSPEED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
      7. Severability. With the exception of any of the provisions in Section 16(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
    17. Dispute Resolution for Entities. If you are accessing and using the Services on behalf of a company or other legal entity, any Dispute will be resolved exclusively accordingly to the process set forth in Section 16 (Dispute Resolution for Individuals), expressly including the class action waiver, except that, to the extent legally permitted, (a) each party will be responsible for their own filing, administrative, arbitrative and similar fees, (b) the losing party will pay the prevailing party for all costs and attorney’s fees, and (c) the AAA Commercial Arbitration Rules will apply to any arbitration between us.
    18. General Terms.
      1. Reservation of Rights. Airspeed and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
      2. Entire Agreement. These Terms, including the Data Processing Addendum, constitute the entire and exclusive understanding and agreement between Airspeed and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Airspeed and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Airspeed’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Airspeed may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
      3. Notices. Any notices or other communications provided by Airspeed under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
      4. Waiver of Rights. Airspeed’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Airspeed. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information. If you have any questions about these Terms or the Services, please contact Airspeed at:

Airspeed, Inc.
7720 NE Hwy 99
Suite D-1012
Vancouver, WA 98665-8858
terms@getairspeed.com

Archived Versions:
October 21, 2022

ATTACHMENT 1

AIRSPEED, INC. – DATA PROCESSING ADDENDUM

This Data Processing Addendum (including its Exhibits) (“Addendum”) forms part of and is subject to the terms and conditions of the Terms of Service available at: https://www.getairspeed.com/terms/ (the “Terms”) by and between you (“Customer”) and Airspeed, Inc. (“Airspeed”).

  1. Subject Matter and Duration. This Addendum reflects the parties’ commitment to abide by Data Protection Laws concerning the Processing of Customer Personal Data under the terms of the Terms. If and to the extent language in this Addendum or any of its Exhibits conflicts with the Terms, this Addendum shall control. This Addendum will become legally binding upon the date that the parties sign this Addendum. This Addendum will terminate automatically upon termination of the Terms.
  2. Definitions.For the purposes of this Addendum, the following terms and those defined within the body of this Addendum apply.
    1. Customer Personal Data” means Personal Data Processed by Airspeed under the Terms.
    2. Data Protection Laws” means all applicable data privacy, data protection, and cybersecurity laws, rules and regulations to which the Customer Personal Data are subject. “Data Protection Laws” may include, but are not limited to, the California Consumer Privacy Act of 2018 (as amended by the California Privacy Rights Act) (“CCPA”); the EU General Data Protection Regulation 2016/679 (“GDPR”) and its respective national implementing legislations; the Swiss Federal Act on Data Protection; the United Kingdom General Data Protection Regulation; and the United Kingdom Data Protection Act 2018 (in each case, as amended, adopted, or superseded from time to time).
    3. Personal Data” has the meaning assigned to the term “personal data” or “personal information” under applicable Data Protection Laws, and will, at a minimum, mean any information relating to an identified or identifiable natural person.
    4. Process” or “Processing” means any operation or set of operations which is performed on Personal Data or sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment or combination, restriction, erasure, or destruction.
    5. Security Incident(s)” means the breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Customer Personal Data attributable to Airspeed.
    6. Services” means the services that Airspeed performs under the Terms.
  3. Processing Terms for Customer Personal Data.
    1. Airspeed’s Role under Data Protection Laws. Airspeed is a “Business” and/or independent “Controller” of Customer Personal Data (as such terms are defined by Data Protection Laws). Under no circumstances shall the parties be considered joint “Controllers” under Data Protection Laws.
    2. Airspeed’s Processing of Customer Personal Data. Airspeed may Process Customer Personal Data to provide the Services and in accordance with the Airspeed Privacy Policy available at: https://www.getairspeed.com/privacy.
    3. Information Security. Airspeed shall implement and maintain commercially reasonable technical and organizational measures designed to protect Customer Personal Data in accordance with the Technical and Organizational Measures attached hereto as Exhibit A.
    4. Security Incidents. Upon becoming aware of a Security Incident, Airspeed agrees to provide written notice without undue delay to Customer. Airspeed shall be solely responsible for remediating the Security Incident, including the provision of any legally required notice to affected individuals required under Data Protection Laws.
  4. Cross-Border Transfers of Customer Personal Data.
    1. Cross-Border Transfers of Customer Personal Data. Customer authorizes Airspeed to transfer Customer Personal Data across international borders, including from the European Economic Area, Switzerland, and/or the United Kingdom to the United States.
    2. EEA, Swiss, and UK Standard Contractual Clauses. If Customer Personal Data originating in the European Economic Area, Switzerland, and/or the United Kingdom is transferred by Customer to Airspeed a country that has not been found to provide an adequate level of protection under applicable Data Protection Laws, the parties agree that the transfer shall be governed by Module One’s obligations in the Annex to the Commission Implementing Decision (EU) 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council (“Standard Contractual Clauses”) as supplemented by Exhibit B attached hereto, the terms of which are incorporated herein by reference. Each party’s execution of the Terms shall be considered a signature to the Standard Contractual Clauses to the extent that the Standard Contractual Clauses apply hereunder.

EXHIBIT A TO THE DATA PROCESSING ADDENDUM

TECHNICAL AND ORGANIZATIONAL MEASURES

This Exhibit A forms part of the Addendum. Capitalized terms not defined in this Exhibit A have the meaning set forth in Addendum.

Airspeed shall implement and maintain commercially reasonable technical and organizational measures designed to protect Customer Personal Data. Such measures shall include:

  1. Information Security Policy. Airspeed shall maintain a written information security policy applicable to all authorized personnel.
  2. Training. Airspeed will provide information security awareness training to all employees annually.
  3. Access Control. Airspeed will maintain an access control policy, procedures, and controls consistent with industry standard practices. Airspeed will limit access to Customer Personal Data to those employees and vendors with a need-to-know.
  4. Logical Separation. Airspeed will ensure Customer Personal Data is logically separated from other Airspeed client data.
  5. Encryption. Where appropriate, Customer Personal Data will be encrypted in-transit and at rest using industry standard encryption technologies.
  6. Password Management. Airspeed will maintain a password management policy designed to ensure strong passwords consistent with industry standard practices.
  7. Incident Response Plan. Airspeed will maintain an incident response plan that addresses Security Incident handling. Upon request, Airspeed will provide Customer with a copy of its incident response plan.
  8. Backups of Customer Personal Data. Airspeed will maintain an industry standard backup system and backup of Customer Personal Data designed to facilitate timely recovery in the event of a service interruption.
  9. Disaster Recovery and Business Continuity Plans. Airspeed will maintain disaster recovery and business continuity plans consistent with industry standard practices.

EXHIBIT B TO THE DATA PROCESSING ADDENDUM

This Exhibit B forms part of the Addendum and supplements the Standard Contractual Clauses. Capitalized terms not defined in this Exhibit B have the meaning set forth in the Addendum.

The parties agree that the following terms shall supplement the Standard Contractual Clauses:

  1. Supplemental Terms. The parties agree that: (i) a new Clause 1(e) is added the Standard Contractual Clauses which shall read: “To the extent applicable hereunder, these Clauses also apply mutatis mutandis to the Parties’ processing of personal data that is subject to the Swiss Federal Act on Data Protection. Where applicable, references to EU Member State law or EU supervisory authorities shall be modified to include the appropriate reference under Swiss law as it relates to transfers of personal data that are subject to the Swiss Federal Act on Data Protection.”; (ii) a new Clause 1(f) is added to the Standard Contractual Clauses which shall read: “To the extent applicable hereunder, these Clauses, as supplemented by Annex III, also apply mutatis mutandis to the Parties’ processing of personal data that is subject to UK Data Protection Laws (as defined in Annex III).”; (iii) the optional text in Clause 7 is deleted; (iv) the optional text in Clause 11 is deleted; and (v) in Clauses 17 and 18, the governing law and the competent courts are those of Ireland (for EEA transfers), Switzerland (for Swiss transfers), or England and Wales (for UK transfers).
  2. Annex I. Annex I to the Standard Contractual Clauses shall read as follows:
    1. List of Parties

      Data Exporter: Customer.

      Address: As set forth in the Notices section of the Terms.

      Contact person’s name, position, and contact details: As set forth in the Notices section of the Terms.

      Activities relevant to the data transferred under these Clauses: As set forth in the Addendum.

      Role: Controller.

    2. Description of the Transfer:

      Categories of data subjects whose personal data is transferred: The categories of data subjects whose personal data is transferred under the Clauses which may include, but are not limited to, data exporter’s employees and personnel.

      Categories of personal data transferred: The categories of personal data that are transferred under the Clauses which may include, but is not limited to, name, email address, and professional details.

      Sensitive data transferred (if applicable) and applied restrictions or safeguards that fully take into consideration the nature of the data and the risks involved, such as for instance strict purpose limitation, access restrictions (including access only for staff having followed specialised training), keeping a record of access to the data, restrictions for onward transfers or additional security measures: Any sensitive data that is transferred under the Clauses.

      The frequency of the transfer (e.g. whether the data is transferred on a one-off or continuous basis): Personal data is transferred in accordance with the standard functionality of the Services, or as otherwise agreed upon by the parties.

      Nature of the processing: As set forth in the Addendum.

      Purpose(s) of the data transfer and further processing: As set forth in the Addendum.

      The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that period: Personal data will be retained in accordance with the Addendum.

    3. Competent Supervisory Authority: The supervisory authority mandated by Clause 13. If no supervisory authority is mandated by Clause 13, then the Irish Data Protection Commission (DPC), and if this is not possible, then as otherwise agreed by the parties consistent with the conditions set forth in Clause 13.
  3. Annex II. Annex II of the Standard Contractual Clauses shall read as follows:

    Data importer shall implement and maintain commercially reasonable technical and organizational measures designed to protect personal data in accordance with the Addendum.

  4. Annex III. A new Annex III shall be added to the Standard Contractual Clauses and shall read as follows:

    The UK Information Commissioner’s Office International Data Transfer Addendum to the EU Commission Standard Contractual Clauses (UK Addendum”) is incorporated herein by reference.

    Table 1: The start date in Table 1 is the effective date of the Addendum. All other information required by Table 1 is set forth in Annex I, Section A of the Clauses.

    Table 2: The UK Addendum forms part of the version of the Approved EU SCCs which this UK Addendum is appended to including the Appendix Information, effective as of the effective date of the Addendum.

    Table 3: The information required by Table 3 is set forth in Annex I and II to the Clauses.

    Table 4: The parties agree that Importer may end the UK Addendum as set out in Section 19.

  5. Clarifying Terms. The parties agree that the termination right contemplated by Clause 14(f) and Clause 16(c) of the Standard Contractual Clauses will be limited to the termination of the Standard Contractual Clauses.