Air Trending
Terms of Service
These Terms govern your engagement with Air Trending and your use of our website. Please read them carefully before working with us.
1. Introduction and Acceptance
These Terms of Service ("Terms") govern your access to and use of the website at air-trending.com and the marketing and sales services provided by Air Trending, a brand operated by Sternac LLC ("Air Trending", "we", "us", "our"). By using our website, requesting a proposal, or engaging our services, you ("you", "Client") agree to be bound by these Terms, our Privacy Policy, and any proposal or statement of work we sign with you. If you do not agree, please do not use our website or services.
2. Our Services
Air Trending provides marketing and sales services for the aviation industry. These may include search engine optimization, paid advertising and lead generation, digital marketing strategy, advertising and graphic design, landing page and website design, and the setup and managed operation of the Air Lift platform. The specific services, scope, deliverables and timelines for your engagement are defined in the proposal or statement of work agreed with you ("Proposal"). These Terms form the general framework that applies to every engagement.
3. Engagement, Proposals and Changes
Each engagement begins when you accept a Proposal, in writing or by clear conduct such as making payment or instructing us to start. Where these Terms and a signed Proposal differ on a specific point, the Proposal prevails for that point. Changes to scope, deliverables, fees or timelines are agreed in writing, including by email. Work outside the agreed scope may be quoted separately.
4. Client Responsibilities
To allow us to deliver, you agree to:
- Provide accurate information, materials, brand assets and timely approvals.
- Grant the access we need to relevant platforms, accounts and analytics, and keep your credentials secure.
- Ensure that any content, contacts and data you provide, or ask us to use, are lawful and that you hold the necessary rights and consents, including marketing consent for any contacts or leads.
- Comply with the terms of any third party platform used in your campaigns.
Delays or incomplete information on your side may affect timelines, and we are not responsible for the impact of such delays.
5. Fees, Billing and Payment
Fees, currency and the billing cycle are set out in your Proposal. Unless stated otherwise, fees are invoiced in advance for the relevant period and are due on the terms shown on the invoice. Fees are exclusive of any applicable taxes, including VAT, which are added where required. Late payments may result in suspension of services and may accrue interest as permitted by law. Except where a Proposal or a specific promotion says otherwise, fees already paid are non refundable, and no partial refunds are issued for a period already started. Where your engagement includes Air Lift, usage based platform charges are separate from our service fees and are governed by the Air Lift Terms of Service, as described in Section 8.
6. Advertising Spend
Where an engagement includes paid advertising, the budget paid to advertising platforms ("ad spend") is separate from our service fees, unless your Proposal states that we fund the ad spend. Where you fund the ad spend, you are responsible for that budget and for the billing relationship with the platform, unless we agree to manage it on your behalf. Where we fund the ad spend under a cost per lead or similar model, the terms of that model are set out in your Proposal.
7. Communications and Compliance
Some services involve sending communications such as email, SMS, voice or messaging on your behalf or from your accounts. You are responsible for ensuring that your contact lists and campaigns comply with applicable law, including the GDPR and the Spanish LSSI-CE in Europe, and laws such as the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act where relevant. You confirm that you have obtained the necessary consent from recipients. We will follow your instructions and good practice, but we do not assume liability for the lawfulness of campaigns, lists or content that you provide or direct.
8. Third Party Platforms
Our services rely on third party platforms, including the Air Lift platform, advertising networks, analytics tools and content management systems. Your use of those platforms is subject to their own terms. We do not control and are not responsible for their availability, changes, pricing or performance, and we disclaim liability arising from them.
Air Lift. Where your engagement includes the use of Air Lift, our aviation CRM and automation platform, your use of that platform is also subject to the Air Lift Terms of Service. Those terms govern the platform itself, including any usage based charges, such as the cost of messages, SMS, WhatsApp, email, voice calls and other communications sent through it, as well as any applicable platform or wallet top up fees. To the extent these Terms and the Air Lift Terms of Service conflict on a matter specific to the Air Lift platform, the Air Lift Terms of Service prevail for that platform.
9. No Guarantee of Results
We apply professional skill and recognized good practice, but marketing outcomes depend on many factors outside our control, including market conditions, competition, your offering, and third party platform behavior. We do not guarantee specific rankings, traffic, lead volumes, conversion rates, sales or revenue. Any figures, benchmarks or examples we share are illustrative and not a promise of results.
10. Intellectual Property and Deliverables
We retain all rights in our pre existing materials, methods, frameworks, templates, tools and know how, including the Mach Framework and our internal processes. Upon full payment of the fees due for a deliverable, we grant you the rights needed to use the final deliverables produced specifically for you, for the purpose for which they were created, as set out in your Proposal. Third party assets, such as stock images, fonts or platform features, remain subject to their own licenses. Unless you ask us in writing not to, we may reference our work for you and display non confidential deliverables in our portfolio and marketing.
11. Confidentiality
Each party may receive confidential information from the other. Both parties agree to keep such information confidential, to use it only to perform the engagement, and to protect it with reasonable care. This does not apply to information that is public through no fault of the receiving party, already known, independently developed, or required to be disclosed by law.
12. Data Protection
Our handling of personal data is described in our Privacy Policy. Where we process personal data on your behalf as part of the services, for example inside your CRM or campaigns, we act as your data processor and that processing is governed by our Data Processing Agreement, which is incorporated into these Terms by reference. You confirm that you have a lawful basis for the data you provide or ask us to process, and that you have given any required notices and obtained any required consents.
13. Disclaimer of Warranties
Our services are provided with professional care. To the maximum extent permitted by law, except as expressly stated in a Proposal, the services and any third party platforms are provided "as is" and "as available", without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose and non infringement.
14. Limitation of Liability
To the maximum extent permitted by law, Air Trending is not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill. Our total aggregate liability for any claim arising out of or related to the services shall not exceed the total fees paid by you to Air Trending in the three (3) months preceding the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited by law.
15. Indemnification
You agree to defend, indemnify and hold Air Trending harmless from any claims, damages, losses and costs, including reasonable legal fees, arising from your breach of these Terms, your content, contacts or instructions, your campaigns, or your violation of any law or third party right.
16. Term and Termination
Unless a Proposal states a fixed term, engagements continue on a monthly basis. Either party may terminate by giving the notice stated in the Proposal, or, if none is stated, thirty (30) days' written notice. We may suspend or terminate immediately for non payment or material breach. On termination, you remain responsible for fees for services delivered and for any committed costs up to the effective date. We will return or hand over your materials and account access in our control, subject to settlement of outstanding amounts.
17. Governing Law and Disputes
These Terms are governed by the laws of the State of Wyoming, United States, where Sternac LLC is registered, without regard to conflict of law rules. The parties will first try to resolve any dispute in good faith. Failing that, disputes shall be resolved by binding arbitration on an individual basis under recognized arbitration rules, and you waive any right to participate in a class action. Nothing in this section deprives you of the protection of mandatory consumer or data protection rules of the country where you are resident, where those apply.
18. Modifications to These Terms
We may update these Terms from time to time. The current version is the one posted on this page, effective when posted. Continued use of our website or services after an update constitutes acceptance of the updated Terms. For an active engagement, material changes will be communicated to you.
19. Contact Us
Air Trending, operated by Sternac LLC
Carrer de Catarroja 13, 46940 Manises, Valencia, Spain
Email: gdpr@air-trending.com