Terms of Sale

These Terms of Sale apply to all orders placed with Airfy Inc. for hardware, software licenses, and cloud services. By placing an order, you accept these terms in full. Deviating terms proposed by the customer are not recognized unless Airfy Inc. has expressly agreed to them in writing.

All orders are binding upon written confirmation by Airfy Inc.. Quotes are valid for 30 calendar days from the date of issue unless stated otherwise. A contract is formed when Airfy Inc. issues an order confirmation or begins fulfillment, whichever occurs first.

Airfy Inc. offers the following product categories:

• Hardware: WiFi routers, access points, and related networking equipment.
• Software: Airfy OS firmware license, included with hardware or available as a separate subscription.
• Cloud Services: The Airfy management platform, AI-powered network operations tools, and analytics dashboards.
• Support: Technical support packages as described in the applicable service level agreement.

Hardware ships from Airfy warehouses. Delivery dates communicated in order confirmations are estimates and not guaranteed unless explicitly marked as binding. Risk of loss or damage transfers to the customer upon handover of the goods to the carrier. Partial deliveries are permitted when reasonable.

• All prices are quoted net, exclusive of applicable taxes, duties, and shipping costs.
• Hardware: one-time purchase price, or monthly fee under a Network-as-a-Service (NaaS) agreement.
• Software and Cloud Services: monthly or annual subscription, billed in advance.
• Invoices are due within 14 calendar days of the invoice date.
• Late payments accrue interest at 1.5% per month (or the maximum rate permitted by law, whichever is lower).
• Airfy Inc. reserves the right to adjust subscription pricing with 30 days' written notice.

All hardware delivered remains the property of Airfy Inc. until the purchase price has been paid in full. Under a NaaS agreement, hardware is provided on a lease basis and remains the property of Airfy Inc. for the duration of the contract. The customer must not pledge, assign, or otherwise encumber hardware subject to retention of title.

Airfy Inc. warrants that hardware will be free from material defects for a period of 12 months from the date of delivery. Defects must be reported in writing within 7 business days of discovery. Airfy Inc. will, at its discretion, repair or replace defective hardware. If two repair attempts fail to resolve the defect, the customer is entitled to a replacement unit.

This warranty does not cover damage caused by misuse, unauthorized modification, improper installation, or normal wear and tear. Software and cloud services are provided "as is" with respect to availability guarantees described in the applicable service level agreement.

The liability of Airfy Inc. is limited to foreseeable, typically occurring damages. In no event will the aggregate liability of Airfy Inc. exceed the total fees paid by the customer in the 12 months preceding the event giving rise to the claim. Airfy Inc. is not liable for indirect, incidental, special, or consequential damages, including loss of profits, data, or business opportunities.

These limitations do not apply to damages caused by willful misconduct or gross negligence, or where liability cannot be excluded by applicable law.

The customer receives a non-exclusive, non-transferable, revocable license to use Airfy OS and associated software for the duration of the active subscription. The license is tied to the subscription: if the subscription expires or is terminated, the license ends automatically. The customer may not:

• Reverse-engineer, decompile, or disassemble any software component.
• Sublicense, lease, or redistribute the software to third parties.
• Remove or alter proprietary notices, labels, or marks.
• Use the software on hardware not authorized by Airfy Inc..

The customer is responsible for compliance with all applicable export control laws and regulations, including the U.S. Export Administration Regulations (EAR) and EU dual-use regulations. The customer must not re-export or transfer products or technology to sanctioned countries, entities, or individuals without the required government authorizations.

For customers based in the United States: these Terms of Sale are governed by the laws of the State of Delaware, without regard to conflict of laws principles. For customers based in the European Union or Switzerland: these Terms of Sale are governed by Portuguese law, and any disputes will be submitted to the courts of Funchal, Madeira, Portugal.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

Airfy Inc.
201 W. 5th Street, 16th Floor, Austin, TX 78701
legal@airfy.com