Last Updated: April 4, 2023

Welcome to AirPower, a software as a service (SaaS) application owned and developed by Intelaria Corporation ("Intelaria," "we," "us," or "our"). AirPower is designed to synchronize data between Shopify and Airtable, helping businesses streamline their operations and manage data more effectively.

By using AirPower or any related services (collectively, the "Services"), you agree to be bound by the following terms and conditions (the "Terms of Service" or "Agreement"). Please read these Terms of Service carefully before using the Services. If you do not agree to these terms, do not use or access the Services.

Eligibility To use the Services, you must be at least 18 years old, have the legal capacity to enter into a binding contract, and have the authority to represent and bind the business entity you are affiliated with, if applicable.

License Subject to your compliance with these Terms of Service, Intelaria grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for your internal business purposes.

Restrictions You shall not: (a) copy, modify, adapt, or create derivative works of the Services; (b) rent, lease, sublicense, sell, or otherwise transfer your rights to the Services; (c) use the Services for any illegal or unauthorized purpose; (d) interfere or disrupt the integrity or performance of the Services or attempt to gain unauthorized access to the Services or their related systems or networks; or (e) reverse engineer, decompile, or disassemble the Services.

Data Processing By using the Services, you grant Intelaria the right to access, store, process, and transfer your data between Shopify and Airtable. Intelaria will use reasonable efforts to ensure the security and confidentiality of your data. For more information about how we process and protect your data, please refer to our Privacy Policy.

Third-Party Services The Services may integrate with or depend on third-party services, such as Shopify and Airtable. Your use of these third-party services is subject to their respective terms of service and privacy policies. Intelaria is not responsible for the performance, availability, or functionality of such third-party services.

Fees and Payment You agree to pay all applicable fees for the Services, as set forth in the pricing plan you select during registration. All fees are non-refundable and non-transferable, except as expressly provided in these Terms of Service. We may change our fees and payment policies at any time, upon notice to you.

Termination Intelaria may terminate your access to the Services at any time if you breach these Terms of Service or for any other reason upon thirty (30) days' written notice to you. You may terminate your access to the Services at any time by providing written notice to us. Upon termination, all rights and licenses granted to you under these Terms of Service will cease immediately, and you must cease all use of the Services.

Intellectual Property All right, title, and interest in and to the Services, including all related intellectual property rights, are and will remain the exclusive property of Intelaria and its licensors. You acknowledge that the Services contain proprietary and confidential information protected by applicable intellectual property and other laws. You agree not to remove, alter, or obscure any copyright, trademark, or other proprietary rights notices appearing in or on the Services.

Disclaimer of Warranties and Limitation of Liability a. Data Loss: You acknowledge and agree that Intelaria shall not be responsible or liable for any data loss that you or your Shopify store may experience as a result of using the Services. You are responsible for maintaining appropriate backup copies of your data and information. b. Airtable Data Loss: Intelaria shall not be responsible or liable for any data loss that you may experience in Airtable as a result of using the Services. You are responsible for maintaining appropriate backup copies of your data and information stored in Airtable.

c. No Warranties: The Services are provided on an "as is" and "as available" basis, without any warranties of any kind, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. Intelaria does not warrant that the Services will be error-free, secure, or uninterrupted, or that any defects will be corrected.

d. Limitation of Liability: To the maximum extent permitted by applicable law, in no event shall Intelaria, its affiliates, or their respective officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, data, use, goodwill, or other intangible losses, arising out of or related to your use or inability to use the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Intelaria has been informed of the possibility of such damage.

Indemnification You agree to indemnify, defend, and hold harmless Intelaria, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees, arising out of or related to your use of the Services or your breach of these Terms of Service.

Changes to the Terms of Service Intelaria may update these Terms of Service from time to time in its sole discretion. We will notify you of any material changes by posting the new Terms of Service on our website or through the Services. Your continued use of the Services following any such notice constitutes your acceptance of the updated Terms of Service.

Miscellaneous These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and Intelaria concerning the Services and supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and Intelaria with respect to the Services. If any provision of these Terms of Service is held to be invalid or unenforceable, that provision will be deemed severable and the remaining provisions shall remain in full force and effect. Any failure by Intelaria to enforce any provision of these Terms of Service will not be considered a waiver of our right to enforce such provision.

Equitable Relief You acknowledge and agree that any breach of these Terms of Service relating to the intellectual property rights of Intelaria or the disclosure of confidential information may cause irreparable harm to Intelaria for which monetary damages may not be an adequate remedy. Therefore, in addition to any other remedies available at law or in equity, Intelaria shall be entitled to seek injunctive or other equitable relief to prevent or remedy any such breach without the necessity of posting a bond or other security.

Acknowledgment By using the Services, you acknowledge that you have read these Terms of Service, understand them, and agree to be bound by their terms and conditions. You further acknowledge that these Terms of Service, together with the Privacy Policy and any other policies or guidelines referenced herein, constitute the complete and exclusive statement of the agreement between you and Intelaria concerning the Services, and that they supersede and replace any and all prior or contemporaneous agreements, understandings, and representations, whether written or oral, concerning the subject matter of these Terms of Service.

Governing Law These Terms of Service and any disputes arising out of or in connection with these Terms of Service or the Services shall be governed by and construed in accordance with the laws of the Ontario, Canada, without regard to its conflict of law principles.

If you have any questions about these Terms of Service, please contact us at team@airpowersync.com