Terms of Use



These Terms of Use (hereinafter referred to as these “Terms”) constitute a legally binding agreement entered into by and between Airbridge, Inc. (the “Company”) and the person or entity (the “Customer”) concerning access to and use of the Company’s products and services (hereinafter collectively the “Services”).  These Terms constitute a material part of agreement unless expressly agreed otherwise in writing and apply to any future business transaction between the Company and the Customer, even without express reference thereto. 


THE COMPANY IS ONLY WILLING TO MAKE THE SERVICES AVAILABLE TO CUSTOMER IF CUSTOMER ACCEPTS ALL OF THESE TERMS.  BY USING THE SERVICES, THE CUSTOMER IS CONFIRMING THAT HE/SHE/IT HAS READ, UNDERSTANDS, AND AGREES TO BE BOUND BY ALL OF THESE TERMS.  IF THE CUSTOMER DOES NOT AGREE AND/OR ACCEPT ALL OF THESE TERMS, THEN HE/SHE/IT IS EXPRESSLY PROHIBITED FROM USING THE SERVICES AND HE/SHE/IT MUST DISCONTINUE USE IMMEDIATELY.


The Airbridge Academy Privacy Policy (hereinafter the “Privacy Policy”) constitutes an integral part of these Terms, and the Customer’s consent to these Terms shall be automatically deemed as the Customer’s consent to the Privacy Policy. 


Article 1    Purpose


These Terms regulate the rights and obligations between the Company and the Customer in the provision and use of the Services. 



Article 2    Provision of the Services


  1. The subject matter of these Terms is the Services provided by the Company, which are referred to on the Airbridge Academy website (academy.airbridge.io, the “Academy”) and in online video lessons and related materials provided through the Academy.  The Services can be provided for a charge or for free. To ensure the proper functioning of the Services, the Company reserves the right to make technical changes and improvements to the Services within a reasonable scope.

  2. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation.  

  3. The Customer hereby agrees that the Services shall be available conditioned upon:

  4. submission of all necessary information requested by the Company such as the Customer’s legal name, business email address, name of the company or organization that the Customer is affiliated with, and the Customer’s position in the company or organization; and

  5. for paid Services, completion of payment.  Payment can be made via electronic wire transfer, and it shall be deemed as completed when the Company or the bank or any other service provider processing the payment confirms as such.

  1. The Customer hereby agrees further that:

    1. the Company may take measures to verify the authenticity of the submitted information and details of payment; and

    2. the Customer cannot claim any right if the Customer submitted false information or if the Customer failed to provide the information requested by the Company.

  2. Subject to these Terms, the Company hereby grants to the Customer a non-exclusive, non-sublicensable, non-transferable, and non-assignable right to access and use the Services; provided that, the Company reserves the right to refuse to provide such access and use to the Customer if there is concern of any incidence stipulated in Article 6 or if the Company otherwise determines that granting the access and usage right to the Customer is not in its best interest.

  3. The Customer shall protect and maintain the granted right to access and use the Services as pertaining to his/her/its own, and shall not sublicense, transfer, assign or otherwise make use of the Services to any third party without the Company’s prior written consent. 



Article 3    Suspension of Provision of the Services


The Company may suspend or terminate the Customer’s access or use of the Services, without prior notice or liability to compensate for such suspension or termination, at any time and for any reason; provided that for paid Services, the Company shall refund the remaining payment to the Customer except for any fees deducted in accordance with the Company’s refund policy; provided further that, such refund shall in no case exceed the amount paid by the Customer to the Company for the corresponding paid Services.  



Article 4    Modification of Customer Information


In case the information submitted by the Customer at the time of sign up is changed, the Customer must modify the corresponding information on the Academy.  Any issue arising out of failing to correctly reflect the Customer’s changed information shall be accountable to the Customer.  



Article 5    Cooperation


Unless otherwise agreed between the parties, the Customer hereby grants to the Company a non-exclusive, non-transferable license to use, reproduce, display and broadcast publicly and digitally the Customer’s name, trademarks, trade names, service marks, logos, URLs in order to advertise and promote the Company’s business and the Services, during the term of these Terms.



Article 6    Prohibited Activities


The Customer shall not directly or indirectly do, or allow any third party to do, any of the following:

  1. use the Academy or the Services for the benefit of a third party in violation of any applicable and local laws and regulations or outside the scope expressly permitted hereunder;

  2. collect, process, store, or provide other’s personal information;

  3. interfere or otherwise negatively impact any aspect of the Academy or the Services, any other business of the Company, or any third party networks that are linked to the Academy, the Services or any other business of the Company;

  4. violate the integrity of the Academy or the Services by way of, including but not limited to, the following:

    1. attempting to bypass, exploit, defeat, or disable limitations or restrictions placed on the Academy and the Services;

    2. finding security vulnerabilities to exploit the Academy or the Services or any related systems, or attempting to bypass any security mechanism or filtering capabilities;

    3. any denial of service (DoS) attack on the Academy or the Services or any other conduct that attempts to disrupt, disable, or overload the Academy or the Services;

    4. transmitting code, viruses, malware, files, scripts, agents, or programs intended to do harm, or using automated means, such as bots, to gain access to or use the Services; and

    5. attempting to gain unauthorized access to the Academy or the Services; and

  5. engage in any other act similar to any of the above which the Company determines is improper. 

Insofar as the Customer breaches any of the foregoing, the Company reserves the right to take any immediate reasonable measures it deems necessary to mitigate the effects of such a breach. 



Article 7    Confidentiality


  1. During the term of these Terms and for three (3) years thereafter, each party receiving Confidential Information (the “Receiving Party”) of the other party (the “Disclosing Party”) shall: (i) treat such Confidential Information as the confidential property of the Disclosing Party and be responsible for any breach of the terms hereof by itself or any authorized person on its behalf (including, in the case of the Customer, any breach by a user); (ii) not use the Confidential Information except in connection with its use of the Services as expressly permitted in this Agreement; (iii) not disclose or otherwise make available the Confidential Information of the Disclosing Party to any third party (except as authorized herein and other than to such party’s employees and independent contractors who have a need to know such Confidential Information, and have been advised of the confidential nature of such information and the obligations that apply to them in connection therewith); and (iv) maintain the confidentiality of the Confidential Information of the Disclosing Party as it would its own similarly confidential information, but in no event shall the Receiving Party use less than reasonable care.  Furthermore, each party shall use commercially reasonable efforts to procure from each user written undertakings that: (y) they will not use, disclose or otherwise make available or allow to be used, disclosed or made available, the Confidential Information of the Disclosing Party, by or to any third party (except as authorized herein); and (z) they will maintain the confidentiality of such Confidential Information.

  2.  “Confidential Information” includes the following:

    1. any information or data in any form or medium disclosed by the Company that is marked or otherwise designated as confidential or proprietary at the time of disclosure or that should otherwise be reasonably understood to be confidential in light of the nature of the information and the circumstances surrounding such disclosure;

    2. any information or data in any form or medium obtained by the Company in respect of the Customer during the use of the Services that is marked or otherwise designated as confidential or that should otherwise be reasonably understood to be confidential in light of the nature of the information; and

    3. any information or data in any form or medium that the Company determines to be as confidential, proprietary or vital to its interest.

  3. Confidential Information does not include information that: (i) was or is in the public domain prior to the date of disclosure; (ii) was or is lawfully received by the Receiving Party from a third party who was not subject to an obligation of confidentiality with respect to such information; (iii) was or is already known by or in the possession of the Receiving Party; (iv) was independently developed without reference to the other party’s Confidential Information; or (v) is required to be disclosed under applicable law or by a governmental or court order, decree, regulation or rule, provided that, to the extent permitted by applicable law, the Receiving Party first notifies the Disclosing Party and gives it the opportunity to seek a protective order or to contest such required disclosure.

  4. Each party shall promptly notify the other party if it becomes aware of any violation of the confidentiality obligations set forth herein.

  5. The Receiving Party acknowledges that the Disclosing Party shall incur irreparable damage if the Receiving Party should breach any of the provisions of this Article.  Accordingly, if a Receiving Party or any of its respective agents or representatives breaches or threatens to breach this Article, the Disclosing Party shall be entitled, without prejudice, to all the rights and remedies available to it, including an equitable relief restraining any potential breach of the provisions of this section by the Receiving Party, without having to prove damages.

  6. This Article shall survive the termination of these Terms.



Article 8    Intellectual Property


All rights not expressly granted to the Customer under these Terms are expressly reserved to the Company.  The Customer is obliged to use the Services provided by the Company without any modifications for its intended use.  Without the Company’s prior written consent, the Customer shall not:

  1. make the Services available to any third parties; 

  2. modify, translate, reverse engineer, decompile, disassemble or otherwise create derivative works from the Services or binary-code part of the Services, or otherwise attempt to discover its underlying code, structure, implementation or algorithms;

  3. access or use the Services to develop a product or service that is competitive with the Services or the Company’s business including but not limited to the Airbridge solution or engage in competitive analysis or benchmarking;

  4. copy, transfer, lend, rent, lease, or distribute the software provided by the Company or the Services, or use them for providing services to a third party, or grant any rights in and to the Company’s software or documentation to a third party in any form;

  5. remove, modify or make illegible any proprietary notices or labels, markers, designations regarding copyrights and other intellectual property rights of the Company’s software or documentation or the Services;

  6. use the Academy or the Services in any manner that infringes the intellectual property or other rights of the Company or any other person or entity; or

  7. access or use the Services in any way not specifically permitted hereunder.


 

Article 9    Amendments


The Company reserves the right to make changes or modifications to these Terms at any time and for any reason, in its sole discretion.  In such cases, the Company will notify the Customer of these changes by updating the ‘Last Updated’ date of these Terms, and the Customer hereby waives any right to receive specific notice of each such change.  The updated Terms shall be effective upon posting, and any updated version of these Terms shall supersede all previous versions. It is the Customer’s responsibility to periodically review these Terms in order to stay informed of any updates.  The Customer will be subject to, and will be deemed to have accepted, changes in any revised Terms by continuing to use the Services after the date on which such revised Terms of Use are posted. 



Article 10    Termination


  1. The Company may suspend or terminate the Customer’s access or use of the Services or the Academy account, without prior notice or liability, at any time and for any reason. 

  2. The Customer may terminate his/her/its access or use of the Services or the Academy account at any time by providing notice to the Company via email at [email protected].  Upon termination of these Terms, the Customer shall (i) discontinue all use of the Services; and (ii) be liable for any fees incurred prior to the effective date of termination. 

  3. Upon termination of these Terms, all rights and obligations shall immediately terminate except for any terms or conditions that by their nature should survive such termination, including but not limited to, the terms and conditions relating to the prohibited activities, confidentiality, intellectual property, warranty, disclaimer, indemnification, force majeure, limitations of liability, governing law, dispute resolution and court of jurisdiction, and the miscellaneous matters (Article 18). 



Article 11    Warranty


The Customer hereby represents and warrants that:

  1. the Customer will comply with all applicable local laws and regulations in his/her/its use of the Services;

  2. the Customer is duly capable of and authorized to enter into these Terms on behalf of the Customer or the company or organization that the Customer is representing;

  3. all data provided by the Customer which is relevant for the conclusion and execution of this Agreement (such as contact information etc.) is complete and correct.  The Customer is obligated to promptly inform the Company of any changes to this data and to update altered data in its user account;

  4. the Customer is aware that contractual declarations (e.g., confirmation emails as well as other notifications) may be sent via email;

  5. the execution and performance of these Terms do not and will not conflict with any contractual obligations the Customer has to any third party; 

  6. these Terms constitute a valid, legally binding, and enforceable obligation on the Customer;

  7. the Customer is responsible for preparing and maintaining computers, smartphones, and any other equipment, and telecommunications lines or other telecommunications environment necessary to use the Services, and any associated costs; and

  8. the Customer shall be responsible for security measures related to his/her/its system environment where the Services are used.



Article 12    Disclaimer


  1. The Services are provided “as is,” and the Company expressly disclaims all warranties, express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, satisfaction of the Customer’s requirements, quiet enjoyment, non-interruption, non-infringement, or that any result may be obtained from the use of the Services.  

  2. The Company does not warrant that the information provided through the Services is accurate, complete, error-free, up-to-date, or useful.

  3. The Company shall not be liable for any dispute arising out of, or in connection with, the Services between the Customer and any third party.

  4. The Company shall not be liable for any interruption, delay, suspension, or any other limitation in accessing or using the Services.  For clarity:

    1. the Company shall not be liable for any interruption, delay, suspension, or any other limitation in accessing or using the Services caused by any system, server, facility, or network;

    2. the Customer acknowledges that the Company does not control the transfer of data over communication or storage facilities, including the internet and the clouds, and that the Services may be subject to limitations, delays, and other problems inherent in the use of such communication or storage facilities; and

    3. the Company shall not be responsible for any third party products, shall not guarantee the continued availability thereof or any integration therewith, and may cease making any such integration available in its own discretion. 

  5. If any of the limitations provided herein is not allowed under the law that is deemed to apply to these Terms, the limitations set forth herein shall apply to the maximum extent permitted under such law. 



Article 13    Indemnification


  1. The Customer agrees to release, indemnify, defend and hold harmless the Company and its subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs), and claims or actions of any kind whatsoever arising out of or resulting from the Customer’s use of the Services or violation of these Terms (the “Claim”).

  2. The Company reserves the right to participate in or assume exclusive defense and control of any Claim otherwise subject to indemnification by the Customer and, in such cases, the Customer agrees to cooperate with the Company in the defense of such matter.

  3. Notwithstanding any other provision of these Terms, the Customer shall not enter into settlement of any Claim that requires the Company to admit fault, accept liability or pay amounts that the Customer must pay under this Article, without the prior written consent of the Company, which shall not be unreasonably withheld or delayed.



Article 14    Force Majeure


The Company shall not be liable for any delay or failure to perform any obligation under these Terms if the delay or failure is due to any event that is beyond the reasonable control of the Company, including but not limited to, strike, riot, blockade, war, act of terrorism, pandemic, natural disaster, failure or diminishment of power, communications or data networks or services, or suspension or refusal of a license by a government agency.



Article 15    Limitation of Liability


  1. In no event shall the Company and its subsidiaries be liable for any direct, indirect, incidental, special, punitive consequential, or exemplary damage, including but not limited to, damage for loss of profit or revenue, incomplete, inaccurate, or lost data, interruption of business, costs of delay, reputational harm, or the cost of procurement of substitute goods or services, or any other tangible or intangible loss, regardless of the form of the action or claim and regardless of whether any action or claim is based in contract, warranty, strict liability, tort, negligence, or breach of any statutory duty, indemnity, contribution, or otherwise, even if the Company or any of its subsidiaries has been informed of the possibility of such damage in advance.

  2. In no event shall the maximum aggregate liability of the Company and its subsidiaries for any and all damages arising out of or in connection with these Terms and the use of the Services, whether based in contract, warranty, strict liability, tort, negligence, or breach of any statutory duty, indemnity, contribution, or otherwise, exceed the amount paid by the Customer for the twelve (12) months period prior to the Claim in the aggregate.  This limitation of liability is exclusive as to all remedies and the liability cap shall not be combined with any other limits of liability so as to increase the cap value in any instance or series of instances.  If applicable law limits the application of the provisions of this Article, the Company’s liability shall be limited to the maximum extent permissible. 



Article 16    Governing Law


These Terms and all matters arising out of or in connection with these Terms and the use of the Services shall be governed by and construed in accordance with the laws of the Republic of Korea, without reference to conflicts of law principles.



Article 17    Dispute Resolution and Court of Jurisdiction


In relation to any disputes arising between the Company and the Customer related to the interpretation of these Terms and the use of the Services, the parties shall first attempt to resolve such disputes in good faith through consultation.  If it is not possible to resolve the disputes in this manner, the Seoul Central District Court shall have exclusive jurisdiction as the court of first instance.



Article 18    Miscellaneous


  1. Headings.  The headings set forth in these Terms are solely for reference and have no legal effect whatsoever and shall not in any way affect the interpretation or construction of these Terms.

  2. Entire Agreement.  These Terms and any individual contract or orders thereto represent the complete and exclusive statement of the mutual understanding of the Company and the Customer and supersede and cancel any previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.  Except as otherwise provided herein, all modifications or amendments to these Terms and any individual contract or orders must be in writing (such as email).  If any provision of any individual contract or orders conflicts with any provision of these Terms, the provisions of the individual contract or orders shall take precedence. 

  3. No Waiver.  The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of such right or any other right hereunder.

  4. Assignment.  Neither party shall have the right to assign or otherwise transfer its rights and obligations under these Terms except with the prior written consent of the other party.  Notwithstanding the foregoing, the Company may assign these Terms to a third party without such consent (i) in the event of a merger, reorganization or sale of all or substantially all of the Company’s assets or voting securities or (ii) to its own affiliate or division.

  5. Severability.  If any provision of these Terms is held to be invalid or unenforceable for any reason, such provision shall be conformed to prevailing law rather than voided and be enforced to the fullest extent, if possible, in order to achieve the intent of the parties and, in any event, the remaining provisions of these Terms shall remain in full force and effect and shall be binding upon the parties hereto.



Date of Last Revision: March 29, 2023