Terms of Service

Overview

Uberdeck provides a service allowing application developers to send marketing campaigns and informational messages directly to their applications.

The terms "we", "us", and "our", refer to Antair Corporation ("Antair"), the company that operates Uberdeck.com ("Uberdeck"), its website, and its services. The terms "you", "your", and "yours", refer to the customer using our website and services.

By accessing or using any part of the Uberdeck website or service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Uberdeck website or use any services. The Uberdeck website and service is available only to individuals who are at least 18 years old.

Accounts

You are responsible for maintaining the confidentiality and security of your login information and password.

You are solely responsible for all content of your campaigns and all activity that occurs under your account.

When creating an Uberdeck account, you must provide a valid email address, and any other information we require when you register. If you are creating an account on behalf of a company or other legal entity, you acknowledge that you have the authority to represent that company or entity.

You may not transfer your account or the license granted under these terms of use to any other person or entity.

Prohibited uses

You may not use the Uberdeck service in any unlawful manner, or for any unlawful purpose, or in a manner that violates any person's privacy rights or infringes any person's intellectual property rights. You may not use the Uberdeck service to knowingly post or share links to any content that is unlawful, racist, hateful, obscene, discriminatory, or contains any viruses, malware, or other harmful software or content.

You may not license, sell, rent, lease, transfer, assign, or distribute the Uberdeck service.

You may not modify, adapt, or hack the Uberdeck software or service, or otherwise attempt to gain unauthorized access to our system or networks.

You may not attempt to decipher, decompile, reverse engineer, or otherwise discover the source code for the Uberdeck software or any of its components.

Payment

We offer Uberdeck subscriptions at different plan levels with differing numbers of features and usage limits. You pay the price that correspond to the plan level you select. We may also allow you to register for free use of the Uberdeck service for a limited time or for a limited version.

You must use a valid credit card to subscribe to any paid Uberdeck plan. We bill in advance on a monthly or annual basis, depending on the plan you select. Payments are not refundable. We do not give refunds or credits for any partial month or year of service or any plan downgrade, or for unused time if you close your account before the end of your subscription period.

We will notify you in advance of any increase in prices that may become effective upon any renewal of your subscription.

For any upgrade or downgrade in plan level, the credit card that you provided to us will be automatically charged the new rate on your next billing cycle.

Downgrading your plan level may cause the loss of content, features, or capacity of your account. We do not accept any liability for such loss.

The plans currently allow subscribers to open unlimited numbers of push notifications campaigns and rich-content campaigns, with no limit on the numbers of recipients. We reserve the right to impose an additional charge, or suspend your account, if you impose excessive stress on the service in any way.

If you fail to pay on time, or if your credit card payment information is entered in error or does not go through for processing, and you do not update payment information upon our request, we may suspend or cancel your subscription.

Unless otherwise stated, our charges do not include any taxes or similar governmental assessments by any local, state, provincial or foreign jurisdiction. You are responsible for paying all such taxes except those assessable against us based on our income. We will invoice you for such taxes if we believe we have a legal obligation to do so.

Support

Technical support is available to Uberdeck account holders with draft campaigns, active campaigns, or campaigns ready for testing. To reach Uberdeck customer support services, contact us by e-mail at support@uberdeck.com. We provide support Monday through Friday, 9AM to 5PM EST. We do not provide support on days designated as national holidays in the United States. We generally respond within one business day. Support is provided on a "best efforts" basis; you acknowledge that we may not be able to resolve every technical support request.

Intellectual property

We do not claim any intellectual property rights over the material you enter or upload into the Uberdeck service. All material you upload remains yours. When you delete your account, you are also deleting all the content of your account, stored on the Uberdeck service.

We do not pre-screen your content, but we have access to your account at all times, and we may remove any of your content at our sole discretion.

We own and retain all proprietary rights in the Uberdeck software and website. Our rights are protected by copyright and other laws. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any content or information from the Uberdeck service or website without our prior written approval.

To the extent we do not own any additions or changes you may have provided to us or that we may have made in response to any suggestions, enhancement requests, recommendations or other feedback we receive from you, we will have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license with respect to all such additions and changes.

This Agreement does not transfer from Antair to you, any Antair or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Antair.

Antair, Uberdeck, the Uberdeck logo, and all other trademarks, service marks, graphics and logos used in connection with the Uberdeck service and website, are trademarks or registered trademarks of Antair or Antair's licensors. Other trademarks, service marks, graphics and logos used in connection with the website, may be the trademarks of other third parties. Your use of the website grants you no right or license to reproduce or otherwise use any Antair or third-party trademarks.

Agreement changes

Antair reserves the right, at its sole discretion, to modify or replace any part of this Agreement. Your continued use of or access to the Uberdeck website and its services, following the posting of any changes to this Agreement, constitutes acceptance of those changes. Antair may also, in the future, offer new services and/or features through the Uberdeck website, including, the release of new tools and resources. Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

Antair may terminate your access to all or any part of the Uberdeck website and service at any time, with or without cause, with or without notice, effective immediately. Termination will result in the deactivation or deletion of your account, your access to your account, and the forfeiture of all content in your account.

We reserve the right to refuse service to anyone, for any reason, at any time. We reserve the right to discontinue the Uberdeck service, or any of its parts, temporarily or permanently, at any time, with or without notice.

If you wish to terminate this Agreement or your Uberdeck account, you may simply discontinue using the website and service.

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Publicity

You grant us the right to include your and your company's name as a customer on our website and other advertising and promotional materials. Should you submit a request to remove the reference to your or your company's name from our website or promotional materials, we will remove those references within thirty days of receiving your request.

Privacy

Your use of the Uberdeck website and service is governed by our Privacy Policy, which can be found at http://www.uberdeck.com/privacy .

Disclaimer of warranties

The Uberdeck service is provided "as is". Antair and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Antair nor its suppliers and licensors, makes any warranty that the Uberdeck service will be error free, completely secure, or that access thereto will be continuous or uninterrupted. We do not warrant that the results you may obtain from the use of the Uberdeck service will be completely accurate or reliable. You understand that you download from, or otherwise obtain content or services through, the Uberdeck website and service at your own discretion and risk.

Limitation of liability

To the maximum extent permitted by applicable law and regardless of whether any remedy in this agreement fails of its essential purpose, in no event will Antair be liable for any special, incidental, indirect, consequential or punitive damages whatsoever arising out of these terms of use or your use of or inability to use the Uberdeck service, even if Antair has been advised of or should have known of the possibility of such damages.

Antair will not be liable to you or any third party for any modification, suspension or discontinuation of the service or any of its parts.

In no event will Antair, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for any special, incidental or consequential damages, the cost of procurement for substitute products or services, for interruption of use or loss or corruption of data, or for any amounts that exceed the fees paid by you to Antair, under this Agreement, during the twelve (12) month period prior to the cause of action. Antair shall have no liability for any failure or delay due to matters beyond their reasonable control.

In states that do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, the limitations of our liability described above will apply to the greatest extent permitted by law.

Indemnification

You agree to indemnify and hold Antair and its officers, directors, employees, shareholders and agents, harmless from any claim, demand, liability, loss, damage, cost and expense, including attorneys' fees, arising from or relating to your use of and access to the Uberdeck service or website, your breach of this Agreement, or your violation of any law.

Miscellaneous

This Agreement constitutes the entire agreement between Antair and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of Antair, or by the posting by Antair of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Uberdeck website or services will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New York State. If any part of this Agreement is held invalid or unenforceable, the remaining portions will remain in full force and effect.

Contact us

You may contact us for any reason at support@uberdeck.com