Terms of Service

This Terms of Service Policy was last updated on April 14, 2023

Welcome to Airhouse!

Airhouse, Inc. (“Airhouse,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.airhouse.io (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”).  We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time.  If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.  

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.  THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST AIRHOUSE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

If you are entering into these Terms of Service on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms of Service, in which case the terms “User”, “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms of Services, you must not accept these Terms of Services and may not use the Services.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at www.airhouse.io/privacy. All such terms are hereby incorporated by reference into these Terms of Service.

Access and Use of the Service

Services Description:  The Service is designed to provide you logistics, shipment, fulfillment and related services through the Airhouse software-as-a-service platform.

Your Registration Obligations: You may be required to register with Airhouse in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form.  Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering.  In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Airhouse of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Airhouse will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service: Airhouse reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Airhouse will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage: You acknowledge that Airhouse may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Airhouse’s servers on your behalf. You agree that Airhouse has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Airhouse reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Airhouse reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.



Conditions of Use

User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service.  The following are examples of the kind of content and/or use that is illegal or prohibited by Airhouse.  Airhouse reserves the right to investigate and take appropriate legal action against anyone who, in Airhouse’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.  You agree to not use the Service to:

  1. email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Airhouse, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Airhouse or its users to any harm or liability of any type;
  2. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
  3. violate any applicable local, state, national or international law, or any regulations having the force of law;
  4. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  5. solicit personal information from anyone under the age of 18;
  6. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  7. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  8. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
  9. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

Fees: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Airhouse information regarding your credit card or other payment instrument.  You represent and warrant to Airhouse that such information is true and that you are authorized to use the payment instrument.  You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.  You agree to pay Airhouse the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service.  We reserve the right to change Airhouse’s prices. If Airhouse does change prices, Airhouse will provide notice of the change on the Site or in email to you, at Airhouse’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.  Airhouse may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Airhouse thirty (30) days after the mailing date of the invoice, or the Services may be terminated.  Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Airhouse’s net income.

Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls.  No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws.  Downloading or using the Software is at your sole risk.  Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.    

Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.



Intellectual Property Rights

Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws.  Except as expressly authorized by Airhouse, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service.  In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods.  If you are blocked by Airhouse from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).  Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.  The technology and software underlying the Service or distributed in connection therewith are the property of Airhouse, our affiliates and our partners (the “Software”).  You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.  Any rights not expressly granted herein are reserved by Airhouse.

The Airhouse name and logos are trademarks and service marks of Airhouse (collectively the “Airhouse Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Airhouse. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Airhouse Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Airhouse Trademarks will inure to our exclusive benefit.

Third Party Material:  Under no circumstances will Airhouse be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content.  You acknowledge that Airhouse does not pre-screen content, but that Airhouse and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Airhouse and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Airhouse, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content Transmitted Through the Service:  With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein.  By uploading any User Content you hereby grant and will grant Airhouse and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.  

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Airhouse are non-confidential and Airhouse will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.  

You acknowledge and agree that Airhouse may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Airhouse, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Copyright Complaints: Airhouse respects the intellectual property of others, and we ask our users to do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Airhouse of your infringement claim in accordance with the procedure set forth below.

Airhouse will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement.  A notification of claimed copyright infringement should be emailed to Airhouse’s Copyright Agent at help@airhouse.io (Subject line: “DMCA Takedown Request”).  You may also contact us by mail or facsimile at:

Airhouse Inc.
201 4th St Apt 101A
Oakland, CA
94607

To be effective, the notification must be in writing and contain the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

  • your physical or electronic signature;
  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Airhouse will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy:  In accordance with the DMCA and other applicable law, Airhouse has adopted a policy of terminating, in appropriate circumstances and at Airhouse's sole discretion, users who are deemed to be repeat infringers.  Airhouse may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.



Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Airhouse has no control over such sites and resources and Airhouse is not responsible for and does not endorse such sites and resources.  You further acknowledge and agree that Airhouse will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource.   Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Airhouse is not liable for any loss or claim that you may have against any such third party.



Indemnity and Release

You agree to release, indemnify and hold Airhouse and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.



Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AIRHOUSE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

AIRHOUSE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.



Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AIRHOUSE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AIRHOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL AIRHOUSE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID AIRHOUSE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY.  IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.



Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

1. Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.”  You agree that any and all disputes or claims that have arisen or may arise between you and Airhouse, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify.  Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf.  You agree that, by entering into this Terms of Service, you and Airhouse are each waiving the right to a trial by jury or to participate in a class action.  Your rights will be determined by a neutral arbitrator, not a judge or jury.  The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

2. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND AIRHOUSE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.  UNLESS BOTH YOU AND AIRHOUSE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.  ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.  

3. Pre-Arbitration Dispute Resolution

Airhouse is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at help@airhouse.io.  If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”).  The Notice to Airhouse should be sent to Airhouse, Inc. 201 4th St Apt 101A, Oakland, CA 94607 (“Notice Address”).  The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought.  If Airhouse and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Airhouse may commence an arbitration proceeding.  During the arbitration, the amount of any settlement offer made by Airhouse or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Airhouse is entitled.

4. Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement.  For information on the AAA, please visit its website, http://www.adr.org.  Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration.  If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration.  The arbitrator must also follow the provisions of these Terms of Service as a court would.  All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement.  Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law.  Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Airhouse and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances.  If the parties are unable to agree on a location, the determination shall be made by AAA.  If your claim is for $10,000 or less, Airhouse agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules.  If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.  Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

5. Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement.  If the value of the relief sought is $75,000 or less, at your request, Airhouse will pay all Arbitration Fees.  If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Airhouse will pay your portion of such fees.  In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Airhouse will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.  Any payment of attorneys’ fees will be governed by the AAA Rules.

6. Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

7. Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified.  If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief.  The remainder of the Terms of Service will continue to apply.

8. Future Changes to Arbitration Agreement

Notwithstanding any provision in this Terms of Service to the contrary, Airhouse agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Airhouse written notice within thirty (30) calendar days of the change to the Notice Address provided above.  By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

Termination

You agree that Airhouse, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Airhouse believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Airhouse may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Airhouse may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Airhouse will not be liable to you or any third party for any termination of your access to the Service.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service and Airhouse will have no liability or responsibility with respect thereto.  Airhouse reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

General

These Terms of Service constitute the entire agreement between you and Airhouse and govern your use of the Service, superseding any prior agreements between you and Airhouse with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Airhouse agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The failure of Airhouse to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service 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 these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Airhouse, but Airhouse may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

Your Privacy

At Airhouse, we respect the privacy of our users. For details please see our Privacy Policy.  By using the Service, you consent to our collection and use of personal data as outlined therein.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Airhouse, Inc., 201 4th St Apt 101A, Oakland CA 94607.

Questions? Concerns? Suggestions?
Please contact us at help@airhouse.io to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.


Policies

These Airhouse Policies were last updated on July 14, 2023

Acceptable Products Policy

This Policy outlines the products not supported or not accepted by Airhouse Inc (”Airhouse”). By using our software, logistics services, and any other related products, you agree to comply with the latest version of our Acceptable Products Policy.

WE DO NOT SUPPORT THE FOLLOWING TYPES OF PRODUCTS:

Alcohol. Regulated goods that require special licensing to store and fulfill. We do not support any beverage with any alcohol content (including, but not limited to, low ABV beverages).

Tobacco / E-Cigarettes / THC. Regulated goods that require special licensing to store and fulfill. Includes (but not limited to) cigars, cigarettes, vapors, marijuana/THC. Accessories may be accepted. CBD products do not fall under this category and can be fulfilled by Airhouse.

Prescription Medicine. Regulated goods that require special licensing to store and fulfill. Any drug that is available to the public only with written instructions from a doctor or dentist to a pharmacist can not be fulfilled by Airhouse.

Firearms and Ammunition. Regulated goods that require special licensing to store and fulfill. Includes (but not limited to) sporting firearms, gun powder.

Live Plants and Live Animals. Regulated goods that require special licensing to store and fulfill. Includes (but not limited to) plants, animals or other living organisms.

Explosive/Flammable/Gases. Hazardous goods that require special licensing to store and fulfill, including (but not limited to) aerosol sprays, airbags, hand sanitizers, essential oils, fire extinguishers, fireworks, fragrances, fuels, inks, lighters, matches, mercury, nail polish, paint, refrigerated gas, dry ice, smoke detectors, wood treatment products.

Toxic. Hazardous goods that require special licensing to store and fulfill, including (but not limited to) insecticides, pesticides and cleaning materials (eco-friendly may be accepted).

Personalized or made-to-order. We do not perform embroidery, hand painting, hand writing, or any form of onsite order-level product customization.

Frozen. We do not support products that require temperature control for storage and/or shipping below 32°F/ 0°C.

Oversized / Overweight: We do not support D2C freight shipping, i.e. when your average product cannot be shipped small parcel (like UPS, FedEx, USPS) and instead requires palletization and freight pickup (>150lbs, or XL dimensions).

WE SUPPORT WITH RESTRICTIONS THE FOLLOWING TYPES OF PRODUCTS:

⚠️ Batteries: Material Safety Data Sheet (MSDS) should be provided and reviewed by Airhouse before sending inventory containing batteries to our warehouses. For more information, please check our Hazardous Materials Policy.

⚠️ Temperature Control: all products are stored in ambient temperature, unless temperature control is requested by Customer and approved by Airhouse. The temperature range supported is 70-75°F. This is a paid service. For more information, please check our Temperature Control Policy.

⚠️ Fragile: delicate products, easily breakable or susceptible to damage when handled. These products require special storage, packaging and shipping procedures (paid services) and may not be supported by Airhouse or Airhouse’s standard warranty. Includes (but not limited to) glassware, ceramics and glass containers.

⚠️ Liquid: Any product subject to leakage, that could damage other inventory items and warehouse facility. Airhouse will only accept products  that meet our Liquid Goods Policy.

⚠️ Apparel. Apparel is subjected to additional criteria. Customers must agree with the terms of our Apparel Policy.

⚠️ Merchandise or swag: Airhouse can fulfill these goods only if your order volume exceeds 2,000 orders/month.

⚠️ Sharp Objects: Any product that can put our fulfillment team in danger when handled. Subject to Airhouse’s approval. Special storage and packing required. Includes (but not limited to) blades, knives, swords, and any sharp hunting/camping gear.

⚠️ Cleaning products: **Due to complex operations, all products under this category may be subject to a minimum order volume and may be available at limited locations. Airhouse may charge for additional services if the product requires special storage, handling, packing and shipping.

WE WILL NEVER ACCEPT THE FOLLOWING TYPES OF PRODUCTS:

Hateful or violent content that promotes discrimination based on race, religion, gender, age, sexual orientation, marital status, disability or medical status, political or religious beliefs, or national or ethnic origin.

Illegal: You may only use Airhouse for lawful purposes. We do not accept any illegal product or products designed for malicious activities. Please note that regulation or legality may vary, depending on state or country (considering warehouse location and the final shipping address).

Goods produced by children labor, forced labor or exploitation, in violation of international standards.

OTHER RESTRICTIONS:

Airhouse is tailored for direct-to-consumer-first (D2C) ecommerce fulfillment. We do not support:

Marketplace or retail model. Airhouse is generally not a good fit if your brand itself is a retail or marketplace brand that ships others' products.

One-off project. We don't ship marketing campaigns or any projects independent of ongoing ecommerce fulfillment. We happily ship crowdfunded campaigns that transition into regular ecommerce/D2C fulfillment.

Warehouse pickup. We do not allow direct pickup from the warehouse, including Postmates/Uber Eats/DoorDash and similar services or end customer pickup.

SPLIT FULFILLMENT:

If only a small percentage of your products/orders are not supported by Airhouse, we can easily exclude (not fulfill) those orders, and fulfill the remainder.

BARCODING:

All products must be barcoded before fulfillment is activated. If needed, Airhouse can digitally create and provide barcode numbers (as a special project and paid service). You can find Airhouse’s Barcoding Requirements here.

OWNERSHIP:

Your company must be the Product’s legal owner or a licensed/authorized seller.

THIRD-PARTY LIMITATIONS:

You are responsible for verifying any limitations or regulations imposed by third-party carriers or insurance companies. This may involve consulting with the relevant parties and obtaining any necessary documentation to comply with their requirements.

Airhouse may provide support and guidance to you in navigating these regulations, but ultimately it is the vendor's responsibility to ensure that they are in compliance with all applicable regulations and requirements.

POLICY VIOLATION:

If a Customer violates this Policy, it will result in the voiding of any implied or express warranties that Airhouse provides for its services.

In addition to voiding warranties, violating this Policy may result in additional consequences, such as account suspension or termination, depending on the severity of the violation.

The latest version of our Acceptable Products Policy will be available on our website (www.airhouse.io) and we reserve the right to change this Policy at any time.

Returns Policy

This Policy outlines the Returns process for Airhouse Inc (”Airhouse”). By using our software, logistics services, and any other related products, you agree to comply with the latest version of our Returns Policy.

DEFINITION:

Any shipment sent from Airhouse and returned back to our warehouse. The return can be initiated by the end customer (regular return) or by the carrier (return to sender - undeliverable). We will process returns the same way, independently of who initiated it.

REQUIREMENTS:
  • Please work with your Account Manager, who will make sure Airhouse’s settings and operations are aligned with your return policy.
  • All returns have to be submitted in the Airhouse app, manually or via integration.
  • Your customers are responsible for ensuring the warehouse can easily identify a return. Return Orders must be labeled with an order number and your company’s name in the return shipment. Most return tools generate a packing slip for this purpose (Loop for example).
  • Return Orders must be returned to the warehouse that it was shipped from. Please confirm the address with your Account Manager.
SERVICES INCLUDED:

The return flat fee (available in your agreement with Airhouse) includes:

  • Collection: receiving of the package back to our facilities.
  • Basic inspection: visually inspect items to ensure they are in your preferred condition.
  • Restocking: If a return meets your criteria, the items will be restocked and reflected in inventory.
  • Damaged item destruction: If a return does not meet your criteria, the items will not be restocked and it will be discarded (unless another instruction is provided).
SERVICES NOT INCLUDED - AVAILABLE FOR AN EXTRA CHARGE:

Airhouse provides extra services upon request. These special projects are paid services and the rates should be discussed with your Account Manager.

  • Re-bagging
  • Re-boxing
  • Repacking
  • Re-barcoding
  • Upon request, the item can be set aside if the return does not meet your criteria. Additional storage fees will apply.
  • Photo of the returned product. ***Covered by the flat fee for some locations. Consult your Account Manager for more details.
SERVICES NOT AVAILABLE:

Airhouse does not provide the following services:

  • Return labels
  • Packing slips for returns
  • Product disassembly (e.g. unscrewing, taking out batteries, etc.).
  • Product cleaning
  • Relabeling (branded/custom tags)
TRACKING:

Airhouse does not currently utilize RMAs (return merchandise authorization). We use the tracking number to assist with identification.

INTERNATIONAL RETURNS:

UK laws require merchants selling out of the UK to provide the option for customers to request a return. For the warehouse to process the return, you must submit on the Return dashboard in Airhouse.

RETURNS SLA:

Airhouse’s SLA for returns is 10 business days.

Airhouse is committed to ensuring a smooth and seamless return process. However, due the nature of our business, returns may be de-prioritized during peak season

HOW TO PROCESS AND TRACK A RETURN AT AIRHOUSE:

Please refer to this Help doc for instructions on how to use our platform to process and track returns.

YOUR RETURN POLICY:

We highly recommend having a clear and updated returns policy on your website. Please notify your Account Manager about any change in your returns policy.

POLICY VIOLATION:

If a Customer violates this Policy, it will result in the voiding of any implied or express warranties that Airhouse provides for its services.

In addition to voiding warranties, violating this Policy may result in additional consequences, such as account suspension or termination, depending on the severity of the violation.

The latest version of our Returns Policy will be available on our website (www.airhouse.io) and we reserve the right to change this Policy at any time.

Airhouse Hours of Operation

This Policy outlines the hours of operation for Airhouse Inc (”Airhouse”). By using our software, logistics services, and any other related products, you agree to comply with the latest version of our Hours of Operation Policy.

AIRHOUSE - SUPPORT AND ACCOUNT MANAGEMENT:
  • Airhouse’s CX team is US-based. Your account specialist is available for support Monday through Friday, from 9am to 5pm, EASTERN TIME.
WAREHOUSES OPERATING HOURS:

US Warehouses:

  • Open Monday through Friday, from 8am to 4pm, LOCAL TIME.
  • No inventory shipment can be delivered/received or orders fulfilled outside their business hours.

UK Warehouse:

  • Open 24/7.
  • No inventory shipment can be delivered/received on Saturdays and Sundays. Orders will continue to be picked/packed on those days.
2023 HOLIDAYS:

To better plan your operations and communicate shipping timelines with your customers, please review the following holiday schedule.

Airhouse is closed and all shipping carriers close or operate on a limited schedule on the following federal US holidays. Orders and returns processing, shipping, inventory receiving, special projects, customer support communication, and accounts services will pause and resume the following business day. With shipping, anticipate delays for orders in transit, or usually scheduled for delivery on:

US Warehouses:

  • Memorial Day, Monday, May 29
  • Independence Day, Tuesday, July 4
  • Labor Day, Monday, September 4
  • Thanksgiving Day, Thursday, November 23
  • Christmas Day, Monday, December 25
  • New Year’s Day, Monday, January 1, 2024

UK Warehouse:

  • Christmas Day, Monday, December 25

Additionally, the Airhouse CX team operates on an emergency-only schedule and may be slower to respond to general requests on:

  • Martin Luther King Jr. Day, Monday, January 16
  • Presidents' Day, Monday, February 20
  • Indigenous Peoples' Day, Monday, October 9
PEAK SEASON:

💡 During peak shipping season (mid-November through December), inventory receiving may be delayed or unavailable on select days. Other services may be impacted (such as special projects, returns processing). Please contact your Account Manager for more specifics around this period starting in October.

The latest version of our Hours of Operation Policy will be available on our website (www.airhouse.io) and we reserve the right to change this Policy at any time.

Liquid Goods Policy

This Policy outlines the storage of liquid goods for Airhouse Inc (”Airhouse”). By using our software, logistics services, and any other related products, you agree to comply with the latest version of our Liquid Goods Policy.

DEFINITION:

Liquid Products have potential to leak while in storage and cause damage, pest problems, and/or health and safety concerns. Such Products include but are not limited to: beverages, liquid condiments, liquid food, liquid supplements, liquid health and wellness goods.

CONTAINER/PACKING REQUIREMENTS:

Customer is responsible for ensuring that all liquid Products sent to Airhouse for fulfillment meet the following criteria:

  • Product has an airtight seal, cap, lid or other mechanism to prevent leakage;
  • Product container and/or packaging itself is durable, leakproof, and non-reactive;
  • Product is tested to withstand industry-standard levels of movement, friction, and temperature fluctuations inherent in standard warehouse storage, inbound shipping, outbound shipping, and other day-to-day fulfillment operations;
  • Product does not require additional packaging and prep work that is intended to specifically prevent leakage of liquid Products, either as a project or at time of fulfillment, including but not limited to: taping lids and caps, tightening lids, vacuum-sealing containers, or related tasks. Airhouse does not support these services;
LIQUID INVENTORY AUDIT:

Airhouse may, on a case by case basis, agree to packaging and prep work, either as a project or at time of fulfillment, intended to protect fragile Products containing liquid in transit from breakage, in general, exclusive of preventing leaks. If Products are discovered to be wet or leaking for any reason whatsoever, such Products must be immediately quarantined to maintain a clean, safe warehouse environment and integrity of nearby inventory. In these cases, Airhouse will initiate an automatic inventory audit.

Airhouse will notify Customer as soon as possible and initiate an Audit to determine cause of leakage and number of affected units. Such Audits are not optional, and by storing liquid Products, Customer consents to the possibility of such an Audit if Products are found to leak.

  • If Products are leaking due to apparent puncture from impact, e.g. fallen or dropped inventory Airhouse will pause fulfillment only if necessary. Airhouse will quarantine, count, and dispose of damaged units. Airhouse will also attempt to photograph inventory whenever possible. Airhouse will submit a written report to Customer when Audit is complete, with this information. If due to Airhouse error, within the warehouse, Airhouse will reimburse Customer according to limits outlined under the “Damage and Insurance” section of the Agreement/ Statement of Work.
  • If Products are leaking due to Product container’s insufficiency, degradation, or other failure, e.g. poor, reactive, or insufficient material, construction, or seal of or on the container holding Product’s liquid, like a can, bottle, jar, glass, etc.
QUARANTINE AND DISPOSAL:

Airhouse will pause all fulfillment of Products that may have potential to leak. If Customer fulfills other non-perishable, non-liquid Products, Customer may request that partial fulfillment for orders containing unquarantined Products remains active while Audit is conducted.

All Products with similar packaging and/or contents as the original leaking Product will automatically be quarantined, e.g. if multiple flavors, sizes, styles, or variants exist, all will be under Audit, even if only one variant is leaking.

Airhouse will quarantine, count, and dispose of damaged units. Airhouse will also attempt to photograph inventory whenever possible. Airhouse will submit a written report to Customer when Audit is complete, with this information.

After disposing of damaged Products, undamaged Products with similar packaging and contents will remain quarantined. These at-risk Products will not return to storage and must be removed from the warehouse by Customer, at Customer’s expense. Due to health and safety risks, Airhouse will notify Customer in writing to remove this inventory from the warehouse within ten (10) business days. Customer may request an extended retrieval window, in writing, within ten (10) business days of notice from Airhouse.

SECOND AUDIT:

In rare cases, Airhouse may need to conduct a second, final Audit and dispose of all remaining liquid Products, with written notice to Customer. This applies if:

  • Integrity of quarantined, at-risk Products continues to rapidly fail while awaiting Customer retrieval, and there is no way for the warehouse to hold inventory without creating a meaningful health, safety, pest, or damage issue.
  • If Customer does not respond to Airhouse’s requests to retrieve quarantined, at-risk Products within this timeframe, or fails to without notice to extend.
  • If Customer otherwise is unable to retrieve quarantined, at-risk Products within this timeframe.
AUDIT COSTS:

This type of Audit will be billed to Customer at Airhouse’s standard hourly rate, and is not subject to reimbursement from Airhouse.

POLICY VIOLATION:

If a Customer violates this Policy, it will result in the voiding of any implied or express warranties that Airhouse provides for its services.

In addition to voiding warranties, violating this Policy may result in additional consequences, such as account suspension or termination, depending on the severity of the violation.

The latest version of our Liquid Goods Policy will be available on our website (www.airhouse.io) and we reserve the right to change this Policy at any time.

Apparel Policy

This Policy outlines the apparel requirements for Airhouse Inc (”Airhouse”). By using our software, logistics services, and any other related products, you agree to comply with the latest version of our Apparel Policy.

DEFINITION:

Apparel refers to clothing and accessories.

Apparel fulfillment can get complex due to variety of models, sizes, colors and seasonality (multiple SKUs). Airhouse may require a minimum monthly order volume to fulfill a large number of SKUs (+50).

REQUIREMENTS:
  • All of your products must be labeled and barcoded.
  • Each size of a given product must have a unique SKU and barcode.
  • Airhouse stores each SKU in its own bin, and storage will be charged at a bin rate.
  • We require that merchants put each garment in a plastic or compostable inner sleeve to make repackaging easier. Airhouse does not insure against basic dust damage.
RETURNS:

Airhouse supports specific apparel returns scenarios. We can accommodate the following returns requests:

  • Refold
  • Inspect if products are opened, dirty, or worn
  • Inform you if products are damaged or undamaged
  • Re-package, if you send the materials (paid service)
  • Re-barcode, using Airhouse's labels (paid service)
  • Send photos (fees may apply - depending on warehouse partner)

For more information about returns, please check our Returns Policy.

SERVICES NOT SUPPORTED:

Airhouse cannot accommodate the following requests:

  • Steam or ironing;
  • Relabel products with branded or custom tags;
  • Hang product in the warehouse;
  • Shipping items on hangers;
  • Personalization. This includes embroidery and screen printing services.

Also, your company must manufacture your own branded product. Airhouse does not work with the following types of companies:

  • Marketplaces (selling products from multiple vendors);
  • Retailers (selling products from multiple manufacturers or wholesalers);
  • Curated services;
  • Made-to-order.
POLICY VIOLATION:

If a Customer violates this Policy, it will result in the voiding of any implied or express warranties that Airhouse provides for its services.

In addition to voiding warranties, violating this Policy may result in additional consequences, such as account suspension or termination, depending on the severity of the violation.

The latest version of our Apparel Policy will be available on our website (www.airhouse.io) and we reserve the right to change this Policy at any time.

Temperature Control Policy

This Policy outlines the storage under controlled temperature for Airhouse Inc (”Airhouse”). By using our software, logistics services, and any other related products, you agree to comply with the latest version of our Temperature Control Policy.

DEFINITION:

Products stored at Airhouse locations are kept under ambient temperature. Ambient temperature will vary depending on the location of the warehouse and time of the year.

If your product requires temperature control while stored, you will need to request a cool storage unit. Please coordinate it with your Account Manager.

Please be aware that Airhouse only offers temperature control for storing your products. We do not offer temperature control for shipping.

COOL STORAGE UNITS:

Cool storage units of space with Airhouse are called blocks and measure 12" long x 24" wide x 30” tall. Blocks are allotted based on your expected average inventory needs and are SKU-agnostic (meaning that one block can contain multiple SKUs).

Unlike ambient storage, you will be billed the same amount per month regardless of how much inventory has depleted during your billing cycle, unless you request a decrease or increase in storage needs.

TEMPERATURE:

Currently Airhouse offers temperature control storage at 70 degrees Fahrenheit.

Other temperature ranges may be offered upon request, subject to a minimum of +2000 orders per month. Please discuss the options with your Account Manager.

Setting up cool storage block allotment

Temperature-controlled storage has uniquely strict constraints in terms of capacity limits, energy cost, and inventory management and turnover complexity.

To set up blocks, when you first move inventory in, Airhouse will count the number of blocks your inventory occupies. At this time, we will share the number of blocks expected and you can request more if you expect your storage needs will rapidly change (e.g. if you are working with us on a trial basis or launching a new product). If you provide the dimensions of your master cases in advance of receiving, Airhouse can provide you with an estimate. It takes 1-3 business days from receiving to get inventory stocked in the cool storage unit.

Inside the cool storage block, your product(s) will be organized in small bins, large bins, or pallets. Storage fees are applied following your storage choice.

Decreasing or increasing block allotment

To decrease the number of blocks reserved, you must give 60 days’ written notice to your Account Manager.

To increase the number of blocks reserved, you must request an increase from your Account Manager. Increases are subjected to space availability. Please plan accordingly.

Relocating inventory from cool to ambient storage, or vice versa:

We do not recommend customers relocate inventory or move products between ambient and cool storage in an Airhouse warehouse based on season or external temperature.

If necessary, you can remove inventory at hourly cost, with a minimum charge of $500. This minimum of $500 does not apply if you are terminating your contract with Airhouse, in which case you would be billed the standard hourly and/or pick/pack rate for all inventory removal.

Airhouse is not responsible for any product damage caused by temperature changes due to inventory relocation.

POLICY VIOLATION:

If a Customer violates this Policy, it will result in the voiding of any implied or express warranties that Airhouse provides for its services.

In addition to voiding warranties, violating this Policy may result in additional consequences, such as account suspension or termination, depending on the severity of the violation.

The latest version of our Temperature Control Policy will be available on our website (www.airhouse.io) and we reserve the right to change this Policy at any time.

Hazardous Materials and Batteries

This Policy outlines the Hazardous Goods fulfillment requirements for Airhouse Inc (”Airhouse”). By using our software, logistics services, and any other related products, you agree to comply with the latest version of our Hazardous Goods Policy.

DEFINITIONS:

Hazardous goods, also known as dangerous goods, are materials or substances that have the potential to cause harm to people, animals, property, or the environment. These goods may have physical, chemical, or biological properties that make them dangerous or potentially harmful. These materials may pose a risk during transportation, storage, handling, or use, and require special licensing to storage and fulfill.

As of today, the only Hazardous goods supported by Airhouse are batteries. For more information about supported goods, please check our Acceptable Products Policy.

REQUIREMENTS:
  • All products containing batteries require Airhouse’s pre-approval. Please plan accordingly with your Account Manager before sending inventory containing batteries to our warehouses.
  • Material Safety Data Sheet (MSDS) should be provided and reviewed by Airhouse.
  • Minimum volume may be required & availability varies by location
SERVICE AVAILABILITY:

This service is available in selected locations.

Carrier Resources:

Please refer to the following links for carrier-specific information on shipping hazardous material and dangerous goods.

UPS

USPS

FedEx

DHL

POLICY VIOLATION:

If a Customer violates this Policy, it will result in the voiding of any implied or express warranties that Airhouse provides for its services.

In addition to voiding warranties, violating this Policy may result in additional consequences, such as account suspension or termination, depending on the severity of the violation.

The latest version of our Hazardous Materials and Batteries Policy will be available on our website (www.airhouse.io) and we reserve the right to change this Policy at any time.

Receiving and Inbound Order Policy

This Policy outlines the inventory receiving process for Airhouse Inc (”Airhouse”). By using our software, logistics services, and any other related products, you agree to comply with the latest version of our Receiving Policy.

DEFINITION:

Receiving inventory is commonly referred to as “inbound order”. At Airhouse app, you can notify us of an incoming inbound order via “Restock” tab.

Receiving includes:

  • An initial inspection to ensure that the contents of the shipment match the information on the accompanying paperwork, that the items are in good condition, and that there are no visible signs of damage;
  • Inventory acceptance;
  • Sorting and running any special project request;
  • Storing products in bins or pallets;
  • Updating Airhouse systems.
STANDARD RECEIVING:

To qualify for standard receiving and standard hourly receiving costs, the inbound order must to conform with the following requirements:

  • All required product information was added to Airhouse prior to sending inventory (Inventory tab).
  • All inventory shipments were submitted via Airhouse (Restock tab).
  • Inventory was shipped to the warehouse address provided in advance by Airhouse.
  • Tracking information for parcel shipments are required prior to delivery.
  • For freight shipments, a delivery appointment is required at least 48 hours in advance of the delivery.
  • Inventory shipment arrives with a visible label (on each box, pallet or container) with the corresponding Restock ID from Airhouse.
  • Product is barcoded and ready to ship.
  • Physical shipment is accompanied by a Packing List and/or bill of lading, if sent via freight (“BOL”).
  • Pallets, cases, and individual units are properly labeled and barcoded according to Airhouse-provided specifications.
  • Information submitted and Packing List match quantities and descriptions of products physically received.
  • No special project work is required.
NON-STANDARD RECEIVING:

If inventory receiving requirements are not followed, the inbound order will be subject to non-standard hourly receiving costs.

LACK OF INVENTORY ARRIVAL NOTICE:

If you fail to provide the proper notice of your incoming inventory or if you ship inventory prior to the date designated by Airhouse, it will be turned away or charged as non-standard receiving. For those cases, SLAs and warranties are suspended. Scheduled inbound shipments take priority.

UN-BARCODED ITEMS

Barcode is a requirement for all products fulfilled by Airhouse. If your product is not barcoded, Airhouse can barcode them for you (special project - paid service). Please add pack products separately if un-barcoded. Products must be labeled with their name and variant, matching what's in your store.

PROJECT REQUESTS:

Any special project request (e.g. kitting, barcoding) related to your inbound order must be submitted with your inventory shipment notification (Airhouse, Restock tab).

PACKAGING SUPPLIES (OPTIONAL):

Please specify what packaging supplies you will be sending.

SLAS:

Tracking information must be submitted at Airhouse (Restock tab) to ensure SLA’s are met.

  • Standard Receiving: From delivery, 5 business days to stock
  • Non-Standard Receiving: It depends on the complexity of the project. Consult your Account Manager for an estimation. Normally it takes from 5 to 10 business days from delivery to stock.
POLICY VIOLATION:

If a Customer violates this Policy, it will result in the voiding of any implied or express warranties that Airhouse provides for its services.

In addition to voiding warranties, violating this Policy may result in additional consequences, such as account suspension or termination, depending on the severity of the violation.

The latest version of our Receiving and Inbound Order Policy will be available on our website (www.airhouse.io) and we reserve the right to change this Policy at any time.

SLA Policy

This Policy outlines the Service Level Agreement for Airhouse Inc (”Airhouse”). By using our software, logistics services, and any other related products, you agree to comply with the latest version of our Service Level Agreement.

Unless otherwise outlined in your contract, our current service level agreements (SLAs) and processing times are as follows.

ACCOUNT MANAGERS / SUPPORT:

Replies by the following business day.

WAREHOUSE SLAs:

All are based on local warehouse time (below) and expressed in business days.

WAREHOUSE TIMEZONES:
  • Edison, NJ (Eastern Time, GMT-5)
  • Northampton, PA (Eastern Time, GMT-5)
  • Grand Prairie, TX (Central Time, GMT-6)
  • Carrollton, TX (Central Time, GMT-6)
  • Kansas City, MO (Central Time, GMT-6)
  • Buena Park, CA (Pacific Time, GMT-8)
  • Milton Keynes, UK (UK, GMT+1)
STANDARD RECEIVING:

5 business days

ORDERS:

DTC Orders:

  • Same day if processing by 11am local time to the warehouse.
  • Next business day if processing after 11am local time.

Wholesale Orders:

  • 3 business days
RETURNS:

10 business days

PROJECTS:

Varies based on project and size. When submitting a project, request a time estimation for how long the project will take.

VOLUME SPIKE

Customers must notify Airhouse at least 1 week in advance if they are expecting a volume increase. SLAs are suspended for unexpected spikes in order volume.

PEAK SEASON

SLAs are suspended during peak shipping season (mid-November through December). Airhouse will prioritize DTC order fulfillment. Inventory receiving may be delayed or unavailable on select days. Other services may be impacted (such as special projects, returns processing). Please contact your Account Manager for more specifics around this period starting in October.

POLICY VIOLATION:

If a Customer violates this Policy, it will result in the voiding of any implied or express warranties that Airhouse provides for its services.

In addition to voiding warranties, violating this Policy may result in additional consequences, such as account suspension or termination, depending on the severity of the violation.

The latest version of our Receiving and Inbound Order Policy will be available on our website (www.airhouse.io) and we reserve the right to change this Policy at any time.

Invoicing Policy

This Policy outlines the invoicing process for Airhouse Inc (”Airhouse”). By using our software, logistics services, and any other related products, you agree to comply with the latest version of our Invoice Policy.

PAYMENT METHODS

Airhouse accepts payments made via credit card (2.9% fee) or ACH.

A valid payment method must be on file in the Airhouse payment settings prior to turning on fulfillment. Please keep a valid payment on file to avoid fulfillment interruptions.

INVOICE FREQUENCY

Order fees (shipping, fulfillment) and project fees will be charged biweekly for orders fulfilled in the previous two weeks. Upon invoicing order fees, Airhouse will immediately initiate a transaction and auto-withdrawal the invoice total from the payment method on file two days after the invoice is issued.

Other fees including storage and receiving will be charged monthly. Airhouse will initiate a transaction and auto-withdrawal the invoice total from the payment method on file ten days after the invoice is issued. Any shipping adjustments, processed claims, miscellaneous fees and charges from shipping carriers will also post monthly following review from our Finance team.

PAYMENT COLLECTION

Upon invoicing, Airhouse will immediately initiate a transaction and auto-withdrawal the invoice total from the payment method on file two days after the invoice is issued.

ADDITIONAL FEES

Airhouse will directly charge through any fees from payment issues without additional markup. These are as follows: credit card chargeback ($25), failed ACH direct debit ($5), ACH dispute ($15), returned check ($15).

OVERDUE INVOICES

If a payment method has failed, we will attempt to recharge your bank account twice or credit card seven times. If a payment method continues to fail, fulfillment will be paused until payment has been made.

If an invoice is overdue, you have 15 days from when the invoice was issued to update your payment information. If an invoice is delinquent for more than 15 days, fulfillment will be paused until payment has been made.

If payment is not completed within 30 days, Airhouse may move to notify you to terminate our contract.

DISPUTING A CHARGE

After an invoice is issued, a 30 day window is available to review and request any modifications or reimbursements with Airhouse.

If a credit card chargeback is received, fulfillment will be paused until the chargeback is retracted. All requests for modifications or reimbursements should be communicated to your Account Manager and will be handled by Airhouse directly.

CREDITS

Any revisions or credits will be applied in order of the date they were issued and applied to your next invoice.

POLICY VIOLATION:

If a Customer violates this Policy, it will result in the voiding of any implied or express warranties that Airhouse provides for its services.

In addition to voiding warranties, violating this Policy may result in additional consequences, such as account suspension or termination, depending on the severity of the violation.

The latest version of our Invoicing Policy will be available on our website (www.airhouse.io) and we reserve the right to change this Policy at any time.

Operational Error Policy

This Policy outlines the operational error policy for Airhouse Inc (”Airhouse”). By using our software, logistics services, and any other related products, you agree to comply with the latest version of our operational error policy Policy.

DEFINITION:

Operational errors at Airhouse are defined as an error that occurred within our fulfillment centers, involving picking errors, packaging errors, or issues with damaged or lost inventory. The specific cases addressed by Airhouse include:

PICKING ERROR:

On the occasion that Airhouse ships an order and an incorrect product is sent, too many units, or too few units are sent due to a picking error, please inform your Account Manager with the relevant information:

  • Order number
  • A photograph of the incorrect item(s)
  • The manufacturing cost

Upon validation, Airhouse will initiate a new order to ship the correct item(s), covering the shipping costs. If the incorrect product was dispatched, two remedial options are offered:

  • Option 1: Airhouse will cover the expense of a shipping label for the return of the incorrect items (domestic shipments only)
  • Option 2: Airhouse will credit the manufacturing cost (up to $100) of the incorrectly shipped item. This option is recommended if you prefer not to have the end customer return the items, or if the order was shipped outside of the U.S. Please note, Airhouse will not cover retail cost or lost sales expenses.
PACKAGING ERROR:

We strive to package orders in the most appropriate box size. Should a shipment be damaged due to improper warehouse packaging, Airhouse will credit the fulfillment, shipping, and manufacturing cost.

DAMAGED INVENTORY:

In the event that Airhouse damages inventory within our fulfillment centers, we will credit the manufacturing cost (excluding taxes, fees, or shipping/import costs) for the confirmed lost products.

In order to remedy an operational error, we require the manufacturing invoice with the following details:

  • The manufacturer's name
  • A bill addressed to your company's name
  • An invoice number
  • A date
  • A product name or description
  • The quantity ordered
  • The price per unit
LOST INVENTORY:

If it is established that Airhouse has lost inventory beyond regular shrinkage within our fulfillment center, we will credit the manufacturing cost (excluding taxes, fees, or shipping/import costs) for the confirmed lost products.

To remedy such an operational error, we require the manufacturing invoice with the following details:

  • The manufacturer's name
  • A bill addressed to your company's name
  • An invoice number
  • A date
  • A product name or description
  • The quantity ordered
  • The price per unit
POLICY VIOLATION:

If a Customer violates this Policy, it will result in the voiding of any implied or express warranties that Airhouse provides for its services.

In addition to voiding warranties, violating this Policy may result in additional consequences, such as account suspension or termination, depending on the severity of the violation.

The latest version of our Operational Error Policy will be available on our website (www.airhouse.io) and we reserve the right to change this Policy at any time.

Inventory Management and Storage

This Policy outlines the inventory management and storage policy for Airhouse Inc (”Airhouse”). By using our software, logistics services, and any other related products, you agree to comply with the latest version of our operational error policy Policy.

BARCODING:

Every product must be individually barcoded with a 12-digit UPC code. Refer to our barcoding requirements for more information. If your products need barcoding post-arrival at our warehouse, Airhouse can offer this service at an hourly project rate.

Exceptions to the barcoding rule are limited to shipping packaging and paper inserts.

PACKED INDIVIDUALLY:

Products should be individually packed, with the physical SKU mirroring the digital SKU. This means the physical product that is in the warehouse should match its digital counterpart from your factory. For instance, if you sell 1-pack items but they arrive at the warehouse as 5-pack shrink-wrapped bundles from your factory, the 1-packs must be barcoded and delivered individually. If these conditions aren't met, we'll need to establish special receiving instructions or bundles to align the physical and digital inventories.

READY TO HANDLE AND LABEL

Products should be safe for handling and dispatch. For instance, they should be safe if dropped, apparel should be in dust bags, and fragile items should have sturdy product packaging. If we're tasked with barcoding, your products need to arrive with clear labeling or packaging space for the barcode.

KITTING

All inventory should arrive ready to ship for all order types (D2C, Wholesale, etc.). If kitting is needed, customers must submit a project request. The hourly billing for this service will be based on the contract's outlined terms.

All components of a kit need to have their own SKU as inventory items and the instructions should be easy to follow.

STORAGE

Storage costs are calculated as the average of the storage used at the beginning and end of each month.

INSURANCE:

We provide insurance for two key areas of our service - inventory and order fulfillment. This defines the maximum amount Airhouse will refund to a customer in various scenarios:

Inventory Insurance Limit: This applies when inventory is lost or damaged in the warehouse. Liability begins post the receiving process. The options are as follows

  • Option A: $25,000 [Standard]
  • Option B: $50,000
  • Option C: $100,000

Order Liability Limit: This applies when an order is lost or damaged in transit by the shipping carrier contracted by Airhouse.

  • Parcel - The amount varies and is determined by the shipping carrier and shipping option, typically $100.00 per shipment.
  • Freight - The amount varies and is determined by the contracted freight carrier at the time of booking, typically $100,000/load.

Please note, Airhouse does not insure and refund in the following situations:

  • Orders lost by the shipping carrier
  • Orders damaged by the shipping carriers
POLICY VIOLATION:

If a Customer violates this Policy, it will result in the voiding of any implied or express warranties that Airhouse provides for its services.

In addition to voiding warranties, violating this Policy may result in additional consequences, such as account suspension or termination, depending on the severity of the violation.

The latest version of our Inventory Management and Storage Policy will be available on our website (www.airhouse.io) and we reserve the right to change this Policy at any time.

Orders and Fulfillment

This Policy outlines the inventory management and storage policy for Airhouse Inc (”Airhouse”). By using our software, logistics services, and any other related products, you agree to comply with the latest version of our operational error policy Policy.

STORE INTEGRATION:

Customers are required to use an ecommerce solution that's approved by Airhouse.

ORDER EDITS OR CANCELLATIONS:

Edits or cancellations can be made when and order is in the 'New' status in Airhouse, prior to it processing in the warehouse.

Any order that need to be edited or canceled after it is in the 'Processing' status will incur additional charges.

FULFILLABLE SKUS:

Airhouse will only fulfill products that are marked for fulfillment in the Airhouse system and are in stock.

RUSH ORDER FEE:

In the event an order is submitted after 11am local warehouse time, customers can request same-day fulfillment. However, please note that a rush order fee of $50 per order will be applied.

POLICY VIOLATION:

If a Customer violates this Policy, it will result in the voiding of any implied or express warranties that Airhouse provides for its services.

In addition to voiding warranties, violating this Policy may result in additional consequences, such as account suspension or termination, depending on the severity of the violation.

The latest version of our Order and Fulfillment Policy will be available on our website (www.airhouse.io) and we reserve the right to change this Policy at any time.

If you have any questions about any of these Policies, please contact us at team@airhouse.io.