1.1. "Service" refers to the AirTag Location Service provided by AirPinpoint, including all associated websites, APIs, and applications.
1.2. "User," "you," or "your" refers to any individual or entity using the Service.
1.3. "We," "us," or "our" refers to AirPinpoint, its subsidiaries, affiliates, officers, employees, agents, and contractors.
1.4. "Apple" refers to Apple Inc. and its subsidiaries and affiliates.
1.5. "AirTag" refers to the tracking device manufactured by Apple Inc.
1.6. "Terms" refers to these Terms and Conditions, including any future modifications.
1.7. "Content" refers to any information, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials.
2.1. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.
2.2. You represent and warrant that you have the legal capacity to enter into these Terms and that you are at least 18 years old or have obtained parental consent.
2.3. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
3.1. The Service provides users with access to location data associated with their Apple AirTags through an API and related software applications.
3.2. The Service operates by accessing user-authorized Apple accounts to retrieve AirTag location data using advanced data retrieval techniques.
3.3. You expressly acknowledge and agree that the Service is not affiliated with, endorsed by, or in any way connected to Apple Inc. or its subsidiaries.
3.4. The Service includes:
3.5. We reserve the right to add, modify, or remove features of the Service at any time without prior notice.
4.1. To access the Service, you must create an account by providing accurate, complete, and current information.
4.2. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
4.3. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.
4.4. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
5.1. By using this Service, you explicitly and unequivocally authorize us to:
5.2. You acknowledge and accept that this authorization may conflict with Apple's Terms of Service, and you expressly accept all risks associated with this conflict, including but not limited to:
5.3. You represent and warrant that you have the legal right to grant this authorization for all accounts you connect to our Service.
5.4. You agree to immediately notify us if you become aware of any unauthorized access to your Apple account or if you wish to revoke this authorization.
5.5. This authorization remains in effect until you terminate your account with our Service or expressly revoke this authorization in writing.
6.1. You agree to use the Service only for lawful purposes and in accordance with these Terms.
6.2. You are solely responsible for your conduct and any data, text, information, usernames, graphics, images, photos, profiles, audio, video, items, and links (collectively, "Content") that you submit, post, and display on the Service.
6.3. You agree not to engage in any of the following prohibited activities:
6.4. You are solely responsible for properly configuring and using the Service and taking your own steps to maintain appropriate security, protection, and backup of your Content.
6.5. You acknowledge that you are solely responsible for any consequences resulting from your use of this Service, including potential termination of your Apple account or services.
7.1. We collect and process the following data:
7.2. We use this data for the following purposes:
7.3. We implement industry-standard security measures to protect your data, including:
7.4. Data Retention and Deletion:
7.5. We do not sell, rent, or share your personal data with third parties, except:
7.6. For more detailed information about our data practices, please refer to our Privacy Policy, which is incorporated into these Terms by reference.
8.1. The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of AirPinpoint and its licensors.
8.2. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.
8.3. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of AirPinpoint.
8.4. You retain ownership of your Content, but grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media or distribution methods now known or later developed.
8.5. You represent and warrant that you have all rights, power, and authority necessary to grant the rights granted herein to any Content that you submit.
9.1. We do not guarantee that the Service, or any content on it, will always be available or uninterrupted. Access to the Service is permitted on a temporary basis.
9.2. We may suspend, withdraw, discontinue or change all or any part of the Service without notice. We will not be liable to you if for any reason the Service is unavailable at any time or for any period.
9.3. We reserve the right to modify, update, or discontinue the Service at our sole discretion, with or without notice to you. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
9.4. We may, from time to time, restrict access to some parts of the Service, or the entire Service, to users who have registered with us.
10.1. You expressly understand and agree that your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied.
10.2. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement, and any warranties arising out of course of dealing or usage of trade.
10.3. We make no warranty that:
10.4. You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from:
10.5. You acknowledge that we do not control the transfer of data over communications facilities, including the internet, and that the Service may be subject to limitations, delays, and other problems inherent in the use of such communications facilities.
11.1. To the maximum extent permitted by applicable law, in no event shall AirPinpoint, its affiliates, agents, directors, employees, suppliers, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, this Service.
11.2. To the maximum extent permitted by applicable law, AirPinpoint assumes no liability or responsibility for any:
11.3. In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount you have paid us in the last six (6) months, or, if greater, one hundred dollars ($100).
11.4. The limitations of damages set forth above are fundamental elements of the basis of the bargain between AirPinpoint and you.
12.1. You agree to defend, indemnify, and hold harmless AirPinpoint, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
12.2. This defense and indemnification obligation will survive these Terms and your use of the Service.
13.1. The Service may contain links to third-party websites or services that are not owned or controlled by AirPinpoint.
13.2. AirPinpoint has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services.
13.3. You acknowledge and agree that AirPinpoint shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
13.4. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit or use.
any court of competent jurisdiction.
14.4. Class Action Waiver: The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND AirPinpoint 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.
14.5. 30-Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: [Company Address] or to the following email address: [opt-out email]. The notice must be sent within 30 days of your first use of the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, AirPinpoint also will not be bound by them.
14.6. Exceptions to Agreement to Arbitrate: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights).
14.7. Litigation Costs: If any legal or arbitration action is initiated between the parties to enforce any of the terms or conditions of this Agreement, or for the breach thereof, the prevailing party in such action shall be entitled to recover from the other party all reasonable costs and expenses, including reasonable attorneys' fees, accounting fees, and experts' fees, incurred by the prevailing party in such action.
14.8. Changes: Notwithstanding the provisions of the "Changes to Terms" section below, if AirPinpoint changes this "Dispute Resolution and Arbitration" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice within 30 days of the date such change became effective. By rejecting any change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this "Dispute Resolution and Arbitration" section as it stood prior to the change you rejected.
15.1. These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law provisions.
15.2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
16.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
16.2. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
16.3. It is your responsibility to check these Terms periodically for changes. Your continued use of the Service following the posting of changes to these Terms will constitute your acceptance of those changes.
17.1. We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
17.2. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
17.3. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us for account deletion.
17.4. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
18.1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
18.2. Sections 7 (Data Collection, Usage, and Privacy), 8 (Intellectual Property Rights), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnification), 14 (Dispute Resolution and Arbitration), 15 (Governing Law), and any other provisions which by their nature should survive, shall survive the termination of these Terms and shall continue to be applicable.
19.1. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
19.2. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
20.1. You may not assign or transfer these Terms, by operation of law or otherwise, without AirPinpoint's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.
20.2. AirPinpoint may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
21.1. These Terms, including any legal notices and disclaimers contained on this website, constitute the entire agreement between you and AirPinpoint regarding your use of the Service and supersede all prior agreements and understandings with respect to the same.
21.2. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
21.3. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time.
22.1. You explicitly acknowledge, accept, and provide your consent to the following terms and risks associated with using our Service:
By using our Service, you explicitly consent to these terms and acknowledge the associated risks. If you do not agree or cannot comply with these terms, please do not use our Service.
22.2. You agree that you are using this Service at your own risk and discretion, and that you will not hold AirPinpoint responsible for any consequences resulting from the risks mentioned above or any other risks associated with using a third-party service to access AirTag data.
23.1. If you have any questions about these Terms, please contact us at:
AirPinpoint
Email: support@airpinpoint.com
Phone: 7146943503
Last updated: 09/06/2024
By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.