N-Dream AG Terms of Service (2023-07-19)

1. Terms

This website (www.airconsole.com) is owned and operated by N-Dream AG, Werdstrasse 36, 8004 Zurich, UID: CHE-455.471.026. By accessing this website at www.airconsole.com or using an AirConsole Smartphone App ("App"), you agree to be bound by the following terms of service, applicable laws and regulations, and agree that you are responsible for compliance with applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this website and/or the respective App. Please note that the materials contained on this website and/or App may be protected by applicable intellectual property laws (e.g. copyrights and trademarks) and belong to N-Dream AG

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on N-Dream AG's website for personal, non-commercial transitory viewing only. Permission is also granted to access the content through the download, storage and use of the App. By this means, we grant you a license, not a transfer of title. Please note, that under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any own commercial purposes, or for any further public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on N-Dream AG's website or apps, unless permitted by mandatory law;
    4. remove any copyright or other proprietary notations from the materials;
    5. transfer the materials to another person or "mirror" the materials on any other server.
  2. This license is conditioned upon you complying with the above use restrictions and shall automatically terminate if you violate any of these restrictions. It may be terminated by N-Dream AG at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Pricing

We offer various pricing-models for the consumption of our content. Depending on the offering you choose, we either offer you monthly payment models or one-year in advance payment models. You can select or agree to these payment models and the prices indicated in each case when you subscribe to our services online via the website or via the App.

The prices valid are those displayed on www.airconsole.com and AirConsole App at the time of the order.

4. Term & Termination

We offer various terms for the consumption of our content. Depending on the offering you choose, we either offer you an unlimited term subject to termination, a monthly term subject to automatic renewal, or a yearly term subject to automatic renewal unless you terminate the agreement before the end of the yearly term, but in any event at least 2 months before the expiry of the yearly term. You are free to terminate your agreement at any time, but we will not refund amounts wired for your contractual period chosen and agreed.

N-Dream AG may terminate this agreement at any time with immediate effect for cause, i.e., if you breach the terms of this agreement and have not remedied such breach no later than 10 days after you have been notified of such breach and requested to remedy the breach.

5. Limitation of Warranty

  1. The materials on N-Dream AG's website and apps are provided on an 'as is' basis. N-Dream AG makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  2. Further, N-Dream AG does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website, the apps or otherwise relating to such materials or on any sites linked to this site.
  3. You are responsible to secure your Apple Appstore or Google Play-account with an appropriate password that you can install when logging in for the first time. You must keep your password confidential and may not share it with any unauthorized users. N-Dream AG assumes no responsibility in case of unauthorized use of our website or App caused by your negligence to protect your own password.

6. Limitation of Liability

In no event shall N-Dream AG or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on N-Dream AG's website or apps, even if N-Dream AG or a representative authorized by it has been notified orally or in writing of the possibility of such damages. Please note that N-Dream AG is not a telecommunications service provider. In order to benefit from N-Dream AG's content and services you must maintain a state-of-the art and solid internet connection under a subscription with an official telecommunications service provider and an up-to-date browser software. N-Dream AG assumes no responsibility for network connectivity issues related to your internet connection.

7. Accuracy of materials

The materials appearing on N-Dream AG's website and apps could include technical, typographical, or photographic errors. N-Dream AG does not warrant that any of the materials on its website and apps are always accurate, complete or current. N-Dream AG may make changes to the materials contained on its website and apps at any time without notice. However N-Dream AG does not make any commitment to update the materials.

8. Links

N-Dream AG does not assume any responsibility for websites linked to its website and is not responsible for the content of any such linked website. The inclusion of any link does not imply endorsement by N-Dream AG of the website. The further use of any such linked website is at the user's own risk.

9. Modifications

N-Dream AG may change the terms of service, including the price and/or pricing model, for its website and/or App from time to time. In the event of such changes you will be notified of such changes at least 30 days in advance. If you do not agree with the new terms, you are free to terminate your subscription at the beginning of the new terms of service. If you continue to use our website and/or App after expiry of the announced 30 days, this will be deemed an acceptance of the new terms of service by you and you agree to be bound by the then current version of these terms of service.

10. Data protection

Information on the manner in which, the extent to which, the purpose for which, and the location from which the personal data N-Dream AG needs in order to fulfill purchase orders is collected, processed, and used; on the customer’s right to information; and on the customer’s right to correct, block, or delete such personal data can be found in the Privacy Policy.

11. Governing Law

These terms and conditions are governed by and construed in accordance with the substantive laws of Switzerland without reference to any conflict of law provisions. Any disputes arising out of or in connection with these terms of service are hereby submitted to the exclusive jurisdiction of the courts of the city of Zurich 1, Switzerland.

Privacy Policy

Your privacy is important to us. It is N-Dream AG's policy and a legal requirement to respect your privacy regarding any information we may collect while operating our website and apps. Accordingly, we have developed this privacy policy in order for you to understand how we collect, store, process, communicate and/or disclose or otherwise make use of personal information. We have outlined our privacy policy below.

1. Who we are

The controller of your personal data is N-Dream AG, Werdstrasse 36, 8004 Zurich, UID: CHE-455.471.026 [ hello@airconsole.com]. References in this privacy notice (the Notice) to "N-Dream", "we" or "us" are references to N-Dream AG. We have appointed the following EU representative: [Philipp Undritz Virchowstrasse 16 80805 Munich Germany n-dream@dsgvo-vertreter.ch]

2. Personal Data we process

Personal data we process about you includes:

3. How we use your personal data

We use your personal data:

All data is anonymized via google analytics. Usage of data is not tied to personal data.

4. Use of our websites and e-mails

Our website uses Google Analytics, a service provided by Google, Inc. that tracks and reports on the manner in which our websites are used. Google Analytics does this by placing small text files called "cookies" on your computer or other device. Cookies collect information about the number of visitors to the websites, the pages visited and the time spent on the websites. This information is aggregated and not personally identifiable. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that this may affect your experience of our websites. We may use your name and e-mail address(es) to send you alerts, updates, event invitations and other information by e-mail or by phone push notifications, but will ask for consent first unless we have obtained your contact details from you in the context of our services. If you receive marketing communications from us and no longer wish to do so, you may unsubscribe at any time by following the link included in these e-mails. [Note that we use personal data to understand if you read our e- mails or click on links included in them. We do this by tracking links from SendGrid.

5. On what basis we use your personal information

We process personal data on the following grounds: to perform a contract with you, such as engaging with you to provide our services; for the establishment, exercise or defense of legal claims or proceedings; to comply with legal and regulatory obligations; and for legitimate interests. Please see "How we use your personal data" above for additional details.

6. Who we share your personal data with

We may share your personal data with trusted third parties including:

For the purposes set out in this Policy and where necessary, we may share personal data with courts, regulatory authorities, government agencies and law enforcement agencies. While it is unlikely, we may be required to disclose your information to comply with legal or regulatory requirements. We will use reasonable endeavours to notify you before we do this, unless we are legally restricted from doing so. We do not share or sell personal data with third-party. Only anonymized usage data.

7. Countries we may transfer your personal data to

We generally store your personal data in the Google Cloud following jurisdiction: United States. We may transfer your personal data to recipients abroad, including in countries that do not provide the same level of protection as your jurisdiction. Before we do so, we will implement appropriate measures to protect your personal data, for example by requiring the recipient to agree to data processing agreements, usually based on the EU standard clauses. We may also transfer personal data with your explicit consent and in certain other situations as permitted by applicable law.

8. How we retain your personal data

We retain your anonymised personal data for as long as it is necessary for the purposes for which the data is collected, and as long as we have a legitimate interest in keeping personal data, for example to enforce or defend claims or for archiving purposes and IT security. We also retain your personal data as long as it is subject to a legal retention obligation.

9. How we protect your personal information

We use various adequate technical and organisational measures to help protect your personal data from unauthorised access, use, disclosure, alteration or destruction.

10. Your rights

You are entitled to ask for details of the information we hold about you and how we process it and to receive a copy of your personal data. You may also have your data rectified or deleted, restrict our processing of that information, and object to the processing of your personal data. You may also choose to withdraw your consent. Please note that even after you have chosen to withdraw your consent we may be able to continue to process your personal information to the extent required or permitted by law. You may also lodge a complaint in relation to our processing of your personal data with a local supervisory authority. We must ensure that your personal information is accurate and up to date. Therefore, please advise us of any changes to your information by contacting us. All requests with regard to the above are to be directed at support@airconsole.zendesk.com . You can also delete all your personal information directly by connecting to AirConsole and clicking "Delete Profile" in your profile settings. However, if you do so, we might not be able to provide our services to you as we did before. We require your personal data in order to provide our services to you.