Legal Information

The legal information at glance is part of our transparent business policy.

Terms of Service


1. Agreement
  1. By clicking through these terms, or signing the Order to which they are attached, you are entering into an agreement with Aisling.io to provide Services to you. That agreement between us is comprised of these Terms of Service, the Order to which they are attached or by which they are referenced, the SLA, AUP, DPA, and Privacy Policy which are referenced herein, and any other terms, exhibits, schedules, or addenda which are referenced by any of the preceding (collectively the “Agreement”). The Agreement sets forth the exclusive terms and conditions between the Parties and supersedes all previous proposals, agreements, negotiations, and other written or oral communications between the Parties with respect to the Services provided hereunder.

  2. If there is a conflict between the terms of the Agreement, the terms shall govern according to the following order of precedence: 1) the Order, 2) these Terms of Service, and 3) any terms incorporated by reference by either of the above. The substantive terms contained in your purchase order, order confirmation, notice of receipt, vendor registration portal, or any other transactional document, form, or notice provided by you shall be void and without effect, even where your customary business practices require a showing of assent to such terms by us such as by signature or reference in an invoice.

  3. We may update these Terms of Service from time to time in our sole discretion; the current version may be found at https://dev.wpstk.com/legal/. In the event of any material change, we will provide you with written notice. Your continued use of the Services following such updates constitutes your acceptance of the same. If you do not agree to the terms of any modification, you may terminate the Agreement in accordance with the Termination section below.

2.Services
  1. We will provide the Services in accordance with the terms of the Agreement and the SLA. You acknowledge that we may engage third parties to provide or enable elements of the Services, provided that we are responsible to you for the performance of such third parties as if we performed the Services ourselves. You shall use the Services solely for the intended purpose in accordance with the Agreement, including he AUP, and provide us with all information, assistance, and materials reasonably required for our ongoing provision of the Services.

  2. We will provide support to you through the standard means we make available to our customers (e.g. knowledge base, forums, chat, ticket). Authorized Users seeking support must have a basic understanding of the systems and technology related to the Services.

  3. The scope of Services provided under the Agreement may be amended by any reasonable means showing mutual agreement between the Parties including click-through terms, email, support ticket, or your selections in the User Portal. Any associated fees will be clearly and conspicuously provided to you before you agree to any such change.

  4. From time to time, we may provide replacements for certain components of the Services or cease supporting them altogether. No such replacement or end of life shall constitute a breach of the Agreement.

  5. If you request or utilize any Beta Services, such Beta Services shall be provided on an AS-IS basis with all faults. No SLA, indemnity, representation, or warranty shall apply to Beta Services. We reserve the right to terminate the Beta Services at any time and make no representation that Beta Services will be released into production.

3. Authorized Users
  1. You may designate a number of Authorized Users in the User Portal for the purpose of receiving support and making changes to your account. You are responsible for managing your Authorized Users and keeping them up-to-date. You authorize us to provide all applicable support and account information to your Authorized Users and to make modifications to the Services at their direction.

  2. You may only add, modify, or remove Authorized Users through the User Portal. We will not do so on your behalf, and we will only provide support, assistance, and information to your Authorized Users who can verify their identity through the User Portal. Notwithstanding the foregoing, if you pay for the Services with a credit or debit card, we may remove that card as a payment method at the request of any individual who is able to provide reasonably satisfactory evidence that he or she is the named individual on such credit or debit card.

  3. You will require your Authorized Users to abide by the terms of the Agreement, and you acknowledge and agree that you are fully responsible for the actions and omissions of your Authorized Users and for all costs, overages, or other liabilities incurred through your account except to the sole extent that any such use or liability is the result of our breach of the Agreement. An Authorized User, within the scope of permissions granted to such user in the User Portal, may make changes to the Services, and you agree to pay any Fees associated with such changes. You shall promptly notify us in the event that you become aware of any violation of the terms of the Agreement or any unauthorized use of the accounts of you or your Authorized Users.

4. Fees; Invoicing
  1. You agree to pay the Fees beginning on the Effective Date and according to the payment terms set out in the Order. If no payment terms are specified, Fees shall be due in full in advance, except for usage or overage fees which are invoiced monthly in arrears. If the Order sets any limit on your use of Services (such as number of visitors) and that limit is exceeded, you will be responsible for the applicable overages. You agree to pay any applicable taxes (excluding taxes on our income) which we are required to collect unless you provide us with a valid tax exemption certificate. If you elect to make any payment via wire or credit transfer, then you are responsible for any applicable transfer fees. Any applicable overages, taxes, or transfer fees will be added to the Fees. Fees applicable to any Renewal Term will be at our then-current rates, provided that we have notified you of any applicable increase prior to the date by which you may opt out of the renewal. Fees are payable in the currency specified in the Order and are not refundable except as expressly stated herein.

  2. You agree to the issue and acceptance of invoices in electronic format. We will invoice you immediately upon execution of the Order and on each renewal date thereafter. Invoices will be sent to the billing contact you designate in the Order or the User Portal. If you elect to pay via credit or debit card, we will charge the provided credit or debit card immediately upon account activation and on each renewal date thereafter, up to one week prior to the due date. If you elect to pay by any other method, payments are due 30 days from your receipt of the applicable invoice.

  3. It is your responsibility to maintain accurate and up-to-date billing details and ensure the Fees are paid by the due date. If you fail to maintain accurate and up-to-date billing details, your account may be suspended until such details are provided. If you are overdue on any Fees, we may: (i) charge a late fee on the unpaid balance at the lesser of 1.5% per month or the maximum lawful rate permitted by applicable law, (ii) suspend provision of the Services, and (iii) terminate the Agreement in accordance with Section 5(b) below. You will be responsible for any charges associated with our collection efforts related to unpaid Fees.

5. Term; Termination
  1. Upon expiration of the Initial Term, this Agreement will renew for successive Renewal Terms, each equal to the immediately preceding term, unless one Party notifies the other in writing of its intent not to renew no later than 30 days prior to the expiration of the then-current term.

  2. You may terminate the Agreement prior to the end of the Term: (i) if we materially breach the Agreement and fail to cure such breach within 10 days of your notice to us; (ii) if you provide us with at least 30 days notice; or (iii) for any other cause stated herein. We may terminate the Agreement prior to the end of the Term: (i) if you materially breach the Agreement and fail to cure such breach within 10 days of our notice to you; (ii) if we reasonably believe that your use of the Services endangers or negatively affects our network or systems, violates the law, or interferes with our ability to provide services to our other customers; (iii) if you abuse, harass, or threaten any of our employees; (iv) if we provide you with at least 30 days notice; or (v) for any other cause stated herein.

  3. Upon termination, we will provide you with a prorated refund of any unused Fees paid annually in advance for Services beyond the date of termination (adjusted for any discounts that are rendered void due to such termination and any other amounts which you owe).

6. Proprietary Rights
  1. Customer Content is and remains your exclusive property, and we claim no rights whatsoever in the Customer Content except to the extent explicitly granted herein. For the Term of the Agreement, you hereby grant to us, our affiliates, providers of Third-Party Services, and subcontractors a non-exclusive, fully-paid, royalty-free, fully sub-licensable, transferable, worldwide license to use, modify, publicly perform, publicly display, reproduce, prepare derivative works of, and distribute the Customer Content (in whole or in part) solely and strictly to the extent required to provide the Services to you under the terms of the Agreement.

  2. We and our licensors own and shall continue to own all right, title, and interest in and to the Services and the systems and networks used to provide such Services, including all system-generated data (e.g. performance data), modifications, improvements, upgrades, derivative works, and all intellectual property rights in and to any of the foregoing. Except for the express rights granted herein, we do not grant any other licenses, express or implied, to any of our intellectual property including software, services, or products.

  3. We may solicit and you or your Authorized Users may provide feedback about the Services. If you or your Authorized Users provide feedback, you agree that such feedback is provided freely. Except to the limited extent such feedback contains any of your Confidential Information, we are free to use and disclose such feedback for any purpose without an accounting to you or any other person, and we shall own all right, title, and interest in and to such feedback along with any changes, modifications, or upgrades we make to our current products or services and any new products or services that we develop using the feedback you or your Authorized Users provide.

7. Confidentiality.
  1. Each Party agrees to preserve the confidential nature of the other Party’s Confidential Information by retaining and using the Confidential Information in trust and confidence, solely for its use as permitted and in connection with the Agreement, and by using the same degree of protection that it uses to protect its own similar confidential information, which in no event shall be less than reasonable care. Notwithstanding the foregoing, either Party may disclose the other Party’s Confidential Information to the limited extent such disclosure is required by law, legal process, or court order, including any requirement under applicable data privacy regulations that a notice of data breach be given to a supervisory authority or regulatory agency.

  2. Information disclosed for these reasons will not cease to be Confidential Information. To the extent practicable, a Party will provide prompt notice of any such required disclosure and shall cooperate with all reasonable efforts by the disclosing Party to minimize or exclude the Confidential Information from such disclosure. Upon termination or expiration of the Agreement for any reason, any license granted herein to use the Confidential Information shall terminate immediately, and each Party will either return or destroy any Confidential Information in its possession which belongs to the other Party, or it shall continue to protect the Confidential Information in accordance with the Agreement for as long as it is retained as part of that Party’s customary business practices. Notwithstanding any other terms to the contrary herein, each Party will have the right to seek an injunction in any court of competent jurisdiction to prevent a breach or threatened breach of this Section.

8. Security; Data Privacy
  1. We will maintain commercially reasonable technical and operational measures designed to protect our internal networks from malicious activity and provide for the security and integrity thereof. You acknowledge that we are not responsible for any loss or harm suffered by you resulting from a security incident. You are responsible for determining whether the Services meet applicable regulatory standards and otherwise comply with your own security requirements. You agree to configure your use of the Services in such a way as to maintain the security of the Services and our network (e.g. by only uploading software that has been demonstrated to be secure, installing patches, and not sharing passwords).

  2. Should we determine that our network has been accessed in an unauthorized manner, and that unauthorized access impacts your Services, we agree to notify you as soon as reasonably practicable after we have investigated the unauthorized access and fulfilled our legal obligations. Likewise, you agree to notify us should you identify unauthorized access to the Services.

  3. We will adhere to the Privacy Policy. Where applicable under the data privacy laws of the European Union and its member states, we are the data controller for the personal data belonging to you and your Authorized Users which is provided or made available to us through the User Portal. For all other personal data collected by you from your employees, customers, or end users or otherwise stored, transferred, or processed by any part of the Services, we are the data processor. Where we are the data processor, we will use such personal data only as instructed by you or required by law, and not for any other purpose. In all cases, the Parties agree to comply with the terms and obligations of the DPA throughout the term of the Agreement.

9. Warranties.
Each Party represents and warrants that (i) it has the power, authority, and legal right to enter into the Agreement and perform the obligations and grant the licenses set out herein; and (ii) it will comply with all laws and regulations applicable to its performance under the Agreement.

10.Indemnification.
You agree to indemnify, defend, and hold harmless Aisling.io; its affiliates, subsidiaries, and vendors; and their respective officers, directors, agents, and employees from and against any and all liabilities, obligations, losses, damages, penalties, fines, amounts in interest, and other expenses (including reasonable attorney fees) in connection with a claim or demand brought by a third party related to your violation of the AUP. We reserve the right to control the defense of any indemnified matter under this Section and approve any proposed settlement. You will pay us the amounts due under this Section as they are incurred.

11. Limitations
  1. Although we may perform regular backups of your site and Customer Content (as described in the Order), we do not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, among other things, content that is corrupted prior to being backed up or that changes during the time a backup is performed. We will provide support to you and attempt to troubleshoot any known or discovered issues that may affect your backups, but you acknowledge that we have no liability related to the integrity of your backups or the failure to successfully restore your content to a usable state. You agree to maintain a complete and accurate copy of any Customer Content in a location independent of the Services.

  2. EXCEPT AS EXPRESSLY PROVIDED IN THE AGREEMENT, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND AISLING.IO AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, UNINTERRUPTED OR ERROR FREE SERVICE, AVAILABILITY, ACCURACY, AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. OTHER THAN AS EXPRESSLY SET OUT IN THE AGREEMENT, THE SERVICES ARE PROVIDED AS-IS, AS AVAILABLE, AND WITH ALL FAULTS.

  3. IN NO EVENT SHALL OUR LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT FOR ANY REASON (INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY) EXCEED IN THE AGGREGATE THE AMOUNT OF FEES PAID OR OWED BY YOU TO US IN THE 3 MONTHS PRECEDING THE CLAIM.

  4. IN NO EVENT SHALL WE OR OUR LICENSORS HAVE ANY LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, NOR ANY COVER OR LOST PROFITS, HOWEVER CAUSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE AGREEMENT WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  5. THE SLA SETS OUT YOUR SOLE REMEDIES FOR DOWNTIME, UNAVAILABILITY, OR OTHER SLA FAILURES.

  6. The limitations in this Section 11 do not apply to the extent prohibited by applicable law or to your payment obligations for Services provided.

12.General Provisions
  1. Assignment. Neither Party may assign the Agreement, in whole or in part, without the other Party’s prior written consent except in connection with a merger, reorganization, sale of assets or similar transaction. In case of the latter, the assigning Party will provide notice as soon as reasonably practicable and without undue delay. Any purported assignment in violation of this Section shall be null and void. The Agreement shall be binding on all permitted successors and assigns.

  2. Force Majeure. We shall not be deemed to be in default of the Agreement, or to have breached any of its provisions, as a result of a delay, failure in performance, or interruption in the Services which result, either directly or indirectly, from any circumstances beyond our reasonable control including acts of god, acts of civil or military authority, civil disturbance, war, strikes, fire, laws, regulations, governmental acts, third-party network unavailability, and/or failure of telecommunication facilities.

  3. Governing Law and Venue. The Agreement is governed by the laws of Zürich, Switzerland, without regard to its choice of law statutes. Subject to Section 12(d), any disputes must be brought in the national courts located in Zürich, Switzerland. No claim may be brought as a class or collective action and you may not actively assert a claim arising out of the Agreement as a member of a class or collective action. The United Nations Convention on the International Sale of Goods shall not govern the Agreement. EACH PARTY WAIVES ANY RIGHT TO JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY RISING OUT OF, OR RELATED TO, THE AGREEMENT.

  4. Arbitration. Both Parties agree that all disputes will be resolved by binding, individual arbitration under the Swiss Arbitration Association’s rules. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement. Aisling.io will pay all arbitration fees (excluding attorneys’ fees) for claims less than $10,000. Aisling.io will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. You may opt out of this agreement to arbitrate. If you do so, neither Party may require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing at the following address within 30 days of the date that you first became subject to this arbitration provision: Zing GmbH dba Aisling.io., ATTN: LEGAL – Arbitration Opt-Out, Hauptstrasse 3, 9477 Trübbach, Switzerland. You must include your account name, contact address, and a clear statement that you wish to opt out of this arbitration agreement. If you choose to opt out, or if this Section is found to be unenforceable for any reason, disputes will be resolved as provided in the Agreement.

  5. Notices. Except as otherwise required herein, notices shall be effective when delivered, as indicated by a delivery receipt, or, in the case of notices delivered by post, 5 business days after being mailed to the designated address by first class mail. Notices to you shall be made to the address recorded in the User Portal or via electronic mail to an Authorized User. Notices to us should be delivered to: Zing GmbH dba Aisling.io, Hauptstrasse 3, 9477 Trübbach, Switzerland, ATTN: Legal Department.

  6. Publicity. The Parties may disclose that they have entered into a business relationship and may include the name and logo of the other Party in lists of their respective customers or vendors (as the case may be), subject to any provided usage guidelines with respect to a Party’s trademarks and so long as neither Party mischaracterizes the nature of the actual relationship between them. Any other use of a Party’s name, logo, or other trademarks or service marks shall require prior written consent. Specifically, and without limiting the generality of the foregoing, neither Party may disclose or advertise any other details of the Agreement or use the name, logo, or trademarks of the other Party in connection with a product or service based upon or similar to a product or service that Party offers. Neither Party may hold itself out as a reseller or a partner of the other, or any other similar designation, unless granted such license or authority under a separately executed agreement.

  7. Severability. Any provision in the Agreement that is held to be illegal or unenforceable in any jurisdiction shall be effective only up to the extent of such illegality or unenforceability, if possible, and shall not invalidate the remaining provisions of the paragraph or the Agreement. To the largest extent possible, the illegal or unenforceable provision shall be restated to reflect the Parties’ intent.

  8. Survival. Any provision of the Agreement that contemplates performance or observance subsequent to termination or expiration of the Agreement (including, without limitation, confidentiality, limitation of liability, and indemnification) survive termination or expiration and continue in full force and effect.

  9. Third-Party Beneficiaries; Relationships. There are no third-party beneficiaries to the Agreement. Nothing contained in the Agreement shall be deemed or construed as creating a joint venture or partnership between the Parties hereto. No Party is by virtue of the Agreement authorized as an agent, employee, or legal representative of any other Party. Neither Party has the authority to make any representations, claims, or warranties of any kind on behalf of the other Party, nor on behalf of that Party’s affiliates, agents, subcontractors, licensors, or third-party suppliers.

  10. Waiver. If one Party fails to exercise, or delays exercising, any right, remedy or power set out in the Agreement, this shall not operate as a waiver of that right, remedy or power, whether under the Agreement or at law or equity.

13. Definitions
  1. “Agreement” has the meaning provided in Section 1(a).

  2. “AUP” means the Acceptable Use Policy located at https://dev.wpstk.com/legal as it may be updated by us from time to time.

  3. “Authorized User” means a user whom you have authorized to access and manage your account through the User Portal.

  4. “Beta Services” means any services which are clearly and conspicuously designated by us as Beta Services. Beta Services may be in early stages of testing or development, are not recommended for production use, and are subject to additional disclaimers and limitations as described in the Agreement.

  5. “Confidential Information” means information disclosed by one Party to the other, directly or indirectly, in writing, orally, or by inspection of tangible objects, that should be reasonably understood to be confidential by its particular identification or designation, the circumstances of its disclosure, or the nature of the information itself. Confidential Information does not include information which, at such time: (i) is generally known or available to the public without breach of the Agreement by the receiving Party; (ii) is rightfully disclosed to the receiving Party without restriction as to further use or disclosure; or (iii) is independently developed by the receiving Party without use of or reference to the disclosing Party’s Confidential Information, as shown by documents and other competent evidence in the receiving Party’s possession. Confidential Information is and shall remain the property of the disclosing Party (or its licensors, as applicable), and no rights are granted to the Confidential Information other than those rights expressly granted in the Agreement.

  6. “Customer,” “you,” or “your” means the entity entering into this Agreement with Aisling.io upon the actions taken by its authorized representative.

  7. “Customer Content” means the text files, images, photos, videos, sounds, or other materials or works of authorship belonging to you or your end users that you cause to be stored within the Services, excluding Customer Data.

  8. “Customer Data” means the information about you or your Authorized Users which is required by us in order to provide the Services to you.

  9. “DPA” means the Data Privacy Addendum located at https://dev.wpstk.com/legal as it may be updated by us from time to time in order to comply with applicable laws or guidance.

  10. “Effective Date” means the date your account is activated.

  11. “Initial Term” means the term stated in the Order.

  12. “Order” means the order form or online transaction which describes the Services and incorporates these Terms of Service.

  13. “Party” means either Customer or Aisling.io; “Parties” means both Customer and Aisling.io.

  14. “Privacy Policy” means the policy located at https://dev.wpstk.com/legal/ as it may be updated from time to time.

  15. “Renewal Term” means any successive term after the Initial Term.

  16. “Services” means the hosting, support, and other related services we provide to you as described in the Order.

  17. “SLA” means the Service Level Agreement located at https://dev.wpstk.com/legal/ as it may be updated by us from time to time.

  18. “Term” means the entirety of the Initial Term and all Renewal Terms.

  19. “Third-Party Services” means certain third-party products or services which are not sold or licensed by us but which are made available for you, in your sole discretion, to enable or integrate with the Services (e.g. third-party themes and plugins available through the WordPress administrative portal). We maintain no control over and disclaim any and all liability for Third Party Services, even where we may have provided limited support or advice to you in relation to such services. Such support and advice are provided in good faith, AS-IS and AS-AVAILABLE, and solely for your convenience

  20. “User Portal” means the web site located at https://dev.wpstk.com which we make available to our customers for the purpose of managing their account and the Services.

“Aisling.io,” “we,” or “our” means Zing GmbH, a Swiss company located at Hauptstrasse 3, 9477 Trübbach, Switzerland.

Service Level Agreement


This SLA amends the Agreement between Aisling.io and Customer and addresses the uptime guarantees in relation to the Services we provide to you and your remedies for our failure to meet such guarantees. The remedies contained in this SLA are your sole and exclusive remedies for any issues addressed herein. We may update this SLA from time to time in our sole discretion; the current version may be found at https://aisling.io/legal.

1.SERVICE AVAILABILITY
Aisling.io will make the Services available 99.95% of the time, excluding any Excused Downtime. In a given calendar month, we calculate “Service Availability” as follows: Service Availability =(total minutes Services are available) x 100/ (total minutes in the month) – (Excused Downtime).

2. EXCUSED DOWNTIME
“Excused Downtime” means the length of time the Services are unavailable due to:
  1. Scheduled Maintenance;

  2. Emergency Maintenance;

  3. Beta Services;

  4. Force Majeure events; and

  5. the actions or omissions of you, your Authorized Users, or any third-party acting on your behalf or at your direction, including any unauthorized use of the Services, breach of the Agreement or Acceptable Use Policy, or any use or configuration of the Services that exceeds Aisling.io’s recommendations or advertised limits.“Scheduled Maintenance” includes any maintenance performed during the following windows or for which we provide reasonable notice or coordination with you in advance of the maintenance.

    Maintenance window: Americas: 10p – 4a Central Time; Europe: 4p – 10p Central Time; Asia-Pacific: 8a – 2p Central Time“; Emergency Maintenance” means any maintenance performed outside the Scheduled Maintenance windows without advance notice where such maintenance is reasonably and urgently required to protect the integrity, availability, or security of any online systems.

SLA CREDITS
You are entitled to a credit of 5% of the applicable monthly Fees for each full hour of downtime in excess of the Service Availability targets. (For example, you will receive a 5% credit for between 1 and 60 minutes of downtime in excess of the Service Availability targets, a 10% credit for between 61 and 120 minutes, etc.) In order to receive a credit, you must contact Support within 30 days of the event giving rise to the credit. Credits are based on our monitoring, shall not exceed 100% of the applicable monthly Fees, may not be carried over or aggregated, are forfeited at the expiration or termination of the Agreement, and will not be paid or provided as a refund.

ENHANCED SLA
A service or feature which is described as being subject to our “Enhanced SLA” benefits as follows: the Service Availability target is 99.99%, and you will receive a credit of 3% of the applicable monthly Fees for each half hour of downtime in excess of those targets. Except for these changes, all other terms of the SLA apply as normal.

Acceptable Use Policy


This AUP amends the Agreement between WP Engine and Customer and describes certain restrictions related to your use of the Services. Any violation by you shall be deemed a breach of the Agreement. We may update this AUP from time to time in our sole discretion; the current version may be found at https://aisling.io/legal/.

If any third party has questions regarding this AUP or wishes to report a violation or provide notice per the requirements of the Digital Millennium Copyright Act, such party may contact us at: Zing GmbH, Hauptstrasse 3, 9477 Trübbach, Switzerland, ATTN: Legal Department, Email: abuse@aisling.io.

Laws; Harmful Content.
You may not use the Services to violate any governing law or regulation, including laws prohibiting: copyright, patent, trademark, trade secret, or other intellectual property infringement, misuse, or misappropriation; distribution of child pornography, child erotica, non-consensual sex acts (including in the support of or furtherance of sex trafficking), or bestiality; gambling; defamation, harassment, libel, or slander; fraud or false advertising; and hacking, phishing, social engineering, or any transmission of malicious code or unauthorized use of the computing resources of an end user. It is Aisling’s policy to terminate the Services of customers who are repeat infringers of intellectual property rights. Further, you may not use the Services in connection with any content that we reasonably believe: promotes, incites, or threatens violence; is in support of or furtherance of sex trafficking; contains harassing content or hate speech; violates any person’s privacy; constitutes terrorism or trafficking in weapons or other illegal items; or is likely to result in retaliation against Aisling’s system, network, or employees, including behavior that results in any denial of service attack. The Services may not be used in violation of export laws, controls, regulations, or sanction policies of Switzerland or your applicable jurisdiction. The Services may not be used by any individual or legal entity which is involved with or suspected of involvement in activities or causes relating to: illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who sponsor or support the above such activities or causes.

High-Risk Use.
You may not use the Services in any circumstance or fashion where a failure of the Services could result in death or physical injury.

Spam.
If you use the Services to transmit email, you must do so responsibly. Sending or promoting spam using the Services is prohibited and may result in immediate termination of your account. We consider spam to be the transmission of any email messages that are in violation of the most recent regulations issued by the Federal Trade Commission implementing the CAN-SPAM Act or, if you are sending emails to non-domestic end users, any foreign equivalent thereof. In addition, and at our discretion, we may place limits on the number of outbound messages you send if our review of your account indicates that you are jeopardizing our network stability. Without limiting any other rights we may have, the parties agree that should you breach this section by sending spam it would be difficult to determine actual damages. Accordingly, a $500 charge per violation will be assessed as a reasonable estimate of the damages. The parties further agree that such $500 would not act as a penalty.

Regulated and Sensitive Information.
It is possible to run an ecommerce site on our platform, provided that you follow some best practices that prevent credit card information from being processed or stored on our platform. For more information on those best practices, please read this support article. You are not permitted to use or cause the Services to store or process sensitive or otherwise regulated health or financial information, including Protected Health Information (as that term is defined under HIPAA), cardholder data protected under PCI DSS regulations (such as credit or debit card data), or other financial data (including any financial account details). You acknowledge and agree that we are not responsible for any liabilities arising from your violation of this restriction.

Overburdening Resources.
You may not interfere with our business or our ability to provide services to other customers, nor take any action nor make any use of the Services that places excessive burdens on the network or systems used to provide such services. Specifically, you may not use or provide open proxies or Internet Relay Chat or use the Services for video streaming. If your use of the Services materially exceeds the use by similarly situated customers, we may offer to move you to a different plan or charge you for the additional use. If you refuse, we may place restrictions on your use of the Services. You may not perform any vulnerability or penetration testing of WP Engine’s network or systems, including your own hosted environment, without our prior written approval.

Security Requirements.
You must take reasonable security precautions in connection with your use of the Services. You are responsible for the actions and omissions of your Authorized Users and anyone to whom you provide access to the Services or the content you create using the Services.

Data Processing Addendum


This DPA amends the Agreement between Aisling.io and Customer and addresses the rights and obligations of the parties with respect to data privacy under Applicable Law. We may update this DPA from time to time in our sole discretion; the current version may be found at https://aisling.io/legal.

1.Definitions.
Capitalized terms which are not defined herein shall have the meaning provided in the Agreement. In addition, the following defined terms apply solely with respect to this DPA.

  1. “Applicable Law” means any statute, regulation, executive order, and other rule or rules issued by a government office or agency that have binding legal force and are generally applicable to Personal Data or the provision of the Services with respect to Personal Data, including EU Regulation 2016/679 and the state and federal laws of the United States.

  2. “Data Subject” means an individual natural person that is identified or identifiable by means of Personal Data.

  3. “Personal Data” means any information about a natural person that is identified or identifiable to the natural person, either alone or in combination with other information, that Aisling.io will Process or have access to as part of providing the Services, including any such information that is created by means of the Services. Personal Data includes “personal data” as that term is defined under Applicable Law.

  4. “Process,” when used with respect to Personal Data, means: (i) to record, store, organize, structure, analyze query, modify, combine, encrypt, display, disclose, transmit, receive, render unusable, or destroy, by automated means or otherwise; (ii) to provide cloud or other remote technology hosting services for applications or services that do any of the foregoing; and (iii) any other use or activity that is defined or understood to be processing under Applicable Law.

  5. “Security Event” means any of the following: (i) unauthorized Processing or other use or disclosure of Personal Data; (ii) unauthorized access to or acquisition of Personal Data or the systems on which Personal Data is Processed; (ii) any significant corruption or loss of Personal Data that Aisling.io is unable to repair within a minimal period of time; (iii) any event that has or is reasonably likely to significantly disrupt the Processing of the Personal Data as part of the Services; and (iv) any material unsuccessful attempt to gain unauthorized access to, or to destroy or corrupt, the Personal Data, but not including any routine, unsuccessful events such as pings, port scans, blocked malware, failed log in attempts, or denial of service attacks.


2.Confidential Information.
The Personal Data that Aisling.io Processes for you as part of the Services is your Confidential Information covered by our confidentiality commitments stated in the Agreement. We make the additional commitments stated in this DPA as to the Personal Data.

3.Use and Disclosure.
We will not use, disclose, or Process the Personal Data except as permitted by the Agreement or your other written instructions, or as strictly necessary for our internal administrative purposes related to the provision of our Services. We will make available to you a list of any sub-processors we use in compliance with Applicable Law. We will require any sub-processors to contractually agree to terms at least as protective of your Personal Data as those stated in this DPA and the Agreement.

4.Compliance with Applicable Law.
Each party will comply with Applicable Law as it relates to such party’s performance under the Agreement

5.Notice of Request from Data Subject.
We will promptly notify you if we receive a request from a Data Subject to disclose, provide a copy, modify, block, or take any other action with respect to Personal Data pertaining to the Data Subject, unless notice is prohibited by Applicable Law; and, except to the extent required by Applicable Law, we will not independently take any action in response to a request from a Data Subject without your prior written instruction. We will cooperate with your reasonable requests for access to Personal Data and other information and assistance as necessary to respond to a request or complaint by a Data Subject.

6.In the event of an actual or suspected Security Event.
In the event of a discovered or suspected Security Event, Aisling.io shall provide notice without undue delay to Customer’s technical and account contacts using those means established for routine account-related communications (or other such method of notice as agreed between us). Our notice shall include the following information to the extent it is reasonably available to Aisling.io at the time of the notice, and Aisling.io shall update its notice as additional information becomes reasonably available: (i) the dates and times of the Security Event; (ii) the facts that underlie the discovery of the Security Event, or the decision to begin an investigation into a suspected Security Event, as applicable; (iii) a description of the Personal Data involved in the Security Event, either specifically, or by reference to the data set(s), and (iv) the measures planned or underway to remedy or mitigate the vulnerability giving rise to the Security Event. We will take those measures available, including measures reasonably requested by you, to address a vulnerability giving rise to a successful Security Event, both to mitigate the harm resulting from the Security Event and to prevent similar occurrences in the future. We will cooperate with your reasonable requests in connection with the investigation and analysis of the Security Event, including a request to use a third-party investigation and forensics service. Aisling.io shall retain all information that could constitute evidence in a legal action arising from the Security Event and shall provide the information to you upon your request. Except to the extent required by law in the written and reasonable opinion of Aisling.io’s legal counsel, or as reasonably required by our investigation of the Security Event or our other contractual obligations, we will not disclose to any third party the existence of a Security Event or suspected Security Event or any related investigation without Customer’s prior written consent.

7. Your representations with regard to Personal Data you disclose to us.
With regard to the Personal Data of others that you may provide to us, you hereby represent and warrant: (i) the Personal Data has been collected in accordance with Applicable Law; (ii) the transfer to us for the purpose of providing the Services is authorized under Applicable Law; (iii) you will comply with Applicable Law as to requests from Data Subjects in connection with the Personal Data; (iv) you shall disclose to us only that Personal Data that is necessary for our provision of the Services; and (v) you shall not ask us to take any action with respect to the Personal Data that you are not permitted to take directly.

8.Records.
We will keep reasonable records to evidence our compliance with our obligations under this DPA and shall preserve such records for at least two (2) years from the date of the events reflected therein.

Privacy Policy


Aisling.io. (“Zing Gmbh dba Aisling.io,” “we,” “us,” “our”) maintains this Privacy Policy to inform you of our practices with regard to personal data we collect from or about you in connection with our web site (the “Site”) or through the provision of our services (the “Services”). We may update this Privacy Policy from time to time. We will notify you of any material change by providing a notice on our web site or, if you are a customer, by whatever other means upon which we have mutually agreed. The current version of this Privacy Policy may be found at https://aisling.io/legal. By using the Site or the Services you acknowledge your consent to the practices described herein.

If you are a customer who is subject to EU privacy laws, the Data Privacy Addendum located at https://aisling.io/legal as it may be updated from time to time governs the obligations between us with regard to personal data as defined by such laws.

1. Personal data we collect.
  1. Information you give us. In order for you to use our Services and other features of our Site, we will ask you for some of your personal data (e.g. contact information, name, etc.). The amount and type of information that we gather depends on the nature of the interaction. For example, we ask visitors who would like to comment on our blog to provide a username. Those who purchase Services from us are asked to provide additional information including, as necessary, the personal and financial information required to process transactions. In each case, we collect such information only insofar as is necessary or appropriate to fulfill the purpose of your interaction with us. You can always refuse to supply personal data; however, doing so may prevent you from receiving our Services or engaging in other activities on the Site. In no event will we ever request sensitive personal data (e.g. health information, religious preferences, etc.) from you, and we expressly request that you not provide any such sensitive personal data to us.

  2. Web server logs. As is true of most websites, we gather certain information automatically through your use of the Site. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring or exit pages, the files viewed on the Site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and clickstream data to analyze trends in the aggregate and administer the site. We use analytical software to help us understand this information. This software sends information to its licensor. Other sites and companies may also use this software. As a result, the licensor may collect information that, when aggregated by them, allows them to identify you individually. We have no responsibility for this collection and use.

  3. Cookies. We and our partners use cookies and similar technologies to analyze trends, administer the Site, track users’ movements around the Site, and gather demographic information about our user base as a whole. You can control the use of cookies at the individual browser level. Ads appearing on our Site may be delivered to you by advertising partners who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers our use of cookies and does not cover the use of cookies by any advertisers. However, data tracking files used by us may also be used by these advertisers and, when combined with other information held by them, be used to identify you personally. For more information on third party cookies and instructions on how to opt-out of those cookies set by members of the National Advertising Initiative, please click here. Or, if you are located in the European Union, please visit the European Interactive Digital Advertising Alliance here.

  4. Information collected by our customers. Our customers may collect personal data in connection with the Services we provide to them. Aisling.io’s customers control the personal data they collect, and Aisling.io will not use or disclose that personal data except as authorized or directed by the customer in the course of our provision of the Services and as governed by our agreement with that customer. If your personal data is controlled by one of our customers, and you have concerns about the way that data is managed or wish to exercise your rights with respect to such data (including your rights of access, amendment, or deletion), please contact that customer directly.

2. How we use personal data.
Aisling.io will only use the personal data we collect as reasonably necessary for the following purposes:
  1. to allow you to use and interact with the Site;

  2. to provide the Services to you as our customer;

  3. to inform our continued development of the Site and the Services;

  4. to communicate with you from time to time in response to your requests for information or as may be relevant to your account with us;

  5. to send marketing communications related to the services we provide;

  6. as required by applicable law or legal requirements pertaining to records retention or for internal administrative purposes; or

  7. as specifically authorized by you in writing.

3. Disclosure to third parties.
We will not disclose your personal data to third parties except as follows:
  1. when we believe disclosure is reasonably required to comply with any law or legal request;

  2. to enforce our legal and contractual rights, or to protect the rights and safety of others;

  3. to third parties who help us provide any part of the Site or the Services, to the limited extent required for such help, and on condition that they may not further disclose your data or use it for any other purpose; or

  4. as part of a sale of our assets or a merger of our company.We remain responsible for compliance with this Privacy Policy by third parties to whom we disclose your personal data.

4. Procedures to protect personal data.
We have put in place reasonable measures and appropriate procedures for implementing these policies and for safeguarding the personal data we collect. However, we cannot guarantee that personal data we collect will never be disclosed in a manner inconsistent with this Privacy Policy.We follow generally accepted standards to protect the personal data submitted to us, both during transmission and once it is received.

5.Your rights over personal data that we control.
Upon request, we will provide you with details regarding your personal data that has been collected by us or which is under our control. If you would like to change information that we maintain about you, you may log into your account and change it or submit a support request for any information to which you don’t have access or the ability to change yourself. Information covered by this Privacy Policy may be deleted upon your request, provided that such deletion may impact our ability to provide you with the Services. You may also request that we update or correct your personal data by sending an email to support@aisling.io. We will respond to your request within a reasonable time-frame. You may opt-out of receiving most e-mails from us by following the “unsubscribe” instructions provided in the e-mails. Alternatively, you may contact us as described herein. If you are our customer, you may not be able to opt out of all emails, including certain administrative or billing communications which are important to the ongoing maintenance of your account.We may keep your personal data for as long as reasonably required to meet the purposes described herein. Additionally, we will retain this information as required by law, as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

6. EU-US and Swiss-US Privacy Shield.
We participate in and have certified our compliance with the EU – U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to subjecting all personal data received from European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, visit the U.S. Department of Commerce’s Privacy Shield List at https://www.privacyshield.gov/list.Under the Privacy Shield Frameworks, we are responsible for the processing of personal data that we collect from you and subsequently transfer to a third party acting as an agent on our behalf. We comply with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland including the onward transfer liability provisions.With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, we are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including requests made to meet national security or law enforcement requirements.If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.Under certain conditions more fully described on the Privacy Shield website located at https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

Copyright and Intellectual Property Policy


Notice of Copyright or Intellectual Property Infringement
We respect the intellectual property rights of others. Please notify us in writing, by e-mail: abuse@aisling.io or postal mail, to our designated agent listed below if you believe that a user of the Site or Services has infringed your intellectual property rights. In the United States, this policy is provided pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA“).

To be effective, your notification should include:
  1. identification of the copyrighted work or other intellectual property claimed to have been infringed, or if multiple copyrighted or other intellectual property works are covered by a single notification, a representative list of such works;

  2. identification of the claimed infringing material and information reasonably sufficient to permit Aisling to locate the material on the Site or Services;

  3. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;

  4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law (not required for European Union users);

  5. a statement by you, made under the penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf (not required for European Union users); and

  6. your physical or electronic signature.

You acknowledge and agree that upon receipt and notice of a claim of infringement, we may promptly remove the identified materials from the Site and Services without liability.

Counter-Notice by Accused User
If we have taken down your materials due to suspicion of copyright or other intellectual property infringement, you may dispute the alleged infringement by sending a written communication by e-mail or mail to our designated agent listed below. Your written communication should include the following:
  1. your physical or electronic signature;

  2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

  3. a statement that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled (not required for European Union users); and

  4. your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal District Court for the judicial district in which such address is located, or, if your address is outside of the United States, the United States District Court for the Northern District of California, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person (not required for European Union users).

Please send all notices under the above infringement policies by e-mail or mail to the following individual, designated as Aisling’s agent for receipt of notifications of claimed infringement:

Copyright Agent
21 Krivina Street, Suite 21
Sofia, Sofia-grad, 1574
Bulgaria
Phone: (+359)894 619 464


Note: Please do not send notices or inquiries about anything other than alleged copyright or other intellectual property infringement to our agent for notice as detailed above.

Repeat Infringers We can undertake measures, in our discretion, if you are determined to be a repeat infringer. Repeat infringers are users, who have been the subject of more than one valid takedown request that has not been successfully rebutted. Those measures on our part may include limiting part of the functionalities of the Aisling service you are using.

PCI Compliance


The information provided in this policy is meant to be helpful to you, but please note that Aisling.io is not qualified to assess your compliance with the standards discussed here or any other legal obligations you may have. You are responsible for understanding the risks and requirements related to accepting online payments and for seeking third-party experts should you require any assistance.

WHAT IS PCI?
The payment card industry (“PCI” for short) is the global collective of businesses associated with accepting and processing credit and debit card payments. The PCI Security Standards Council (“PCI SSC”) is an industry group, comprised of American Express, Discover Financial Services, JCB, MasterCard, and Visa, which has established the PCI Data Security Standard (“PCI DSS”), the most recent version of which was released in April 2016. PCI DSS provides a set of consistent security measures for anyone processing credit card payments or otherwise managing cardholder data. More information can be found on the PCI SSC web site.

WHO NEEDS TO BE COMPLIANT?
PCI DSS is an industry standard that applies to anyone who stores, processes, or transmits cardholder data. If you are licensed by or accept payments for or on behalf of any of the participating members of PCI SSC, you must comply with the standards they publish. Each member is individually responsible for enforcement and may have different requirements for proving compliance, though traditionally they all follow the published standard.

IS AISLING PCI COMPLIANT?
Yes. For the payment-related data we collect from you, we are fully compliant with PCI DSS v3.2. (Because we don’t handle cardholder data and our Acceptable Use Policy prohibits you from doing the same, we have no plans to obtain a PCI Report-on-Compliance.) This does not mean you’re in compliance simply by hosting with us, however. We don’t operate your web site or interact with your end users, and you are responsible for the way in which you collect, store, or process any cardholder data. The good news is that compliance isn’t hard, as long as you understand the requirements.

HOW DO I COMPLY?
Since PCI DSS applies to “entities that store, process, and/or transmit cardholder data,” the easiest way to address the standard is to simply avoid storing, processing, or transmitting cardholder data. If you host an e-commerce site, there are third-party payment processors who can accept and process credit card payments on your behalf. Some examples include Authorize.net, Braintree, Payeezy, PayPal Pro, and Stripe. Each third-party payment processor is responsible for maintaining information about their own compliance and may be able to help you with any PCI reporting or attestation requirements.

DO I HAVE TO USE A THIRD-PARTY PAYMENT PROCESSOR?
Outsourcing your payment processing is the easiest path to meeting your PCI DSS requirements. It is also the only choice that is compatible with our Services. Aisling’s Acceptable Use Policy prohibits you from using our Services to store, process, or transmit cardholder data. If you have any further questions, we are more than happy to talk to you and/or your third-party developer, auditor, or assessor.

IF I TAKE THESE STEPS, WILL MY SITE PASS A PCI AUDIT/SCAN?
If you are providing e-commerce services and choose to include your Aisling site in your PCI vulnerability scanning scope, please be aware that scan results may not be correct as we run customized versions of various components. In any case, we suggest you confirm with your PCI QSA whether your Aisling site should be included or not as they may not be clear on how your Aisling site works.

Affiliate Program Terms and Conditions


Thank you for joining the Aisling.io Affiliate Program (the “Program”)! PLEASE READ THESE AFFILIATE PROGRAM TERMS AND CONDITIONS CAREFULLY. By registering for the Program, you agree to these Terms and Conditions. If you do not accept these Terms and Conditions, do not register for the Program.

1. Introduction
  1. These Affiliate Program Terms and Conditions (“Agreement” or “Terms”) are a legal agreement between (a) the affiliate program participant (the “Affiliate”, “you”, or “your”), and (b) Zing GmbH (“Aisling,” “we,” “us,” or “our”), the owner and operator of managed WordPress hosting services, software, and support through our MyAisling application, website, and other related applications, services, and personnel (collectively, the “Services”).

  2. You represent, warrant, and agree (a) that you have the full power and authority to enter into and perform under these Terms, or (b) if you are joining the Program on behalf of an organization, entity, or group that you are authorized to accept these Terms on such organization’s, entity’s, or group’s behalf.

  3. Updates to the Terms. We reserve the right to make changes to these Terms at any time at our sole discretion. If we make changes to these Terms, we will provide notice of such changes by revising the date at the top of these Terms. Your continued participation in the Program following any changes will constitute your acceptance of such changes. Please periodically review these Terms and check for any updates.


2. Eligibility and Registration
  1. Aisling may approve or deny any application for membership in the Program for any lawful reason or no reason. You must be at least eighteen (18) years of age, or any higher minimum age in the jurisdiction where you reside, to register for a Program account (an “Account”).

  2. You are not eligible for the Program if (a) you are located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services, including Iran, Syria, Cuba, and North Korea, or (b) you are subject to economic or other sanctions by the United States, European Union, United Nations, or any other government or international body.

  3. By applying for the Program, you agree to (a) provide accurate, truthful, current, and complete information; (b) maintain and promptly update your information upon any changes; (c) maintain the security of your Account by protecting your password and restricting access to your Account; (d) promptly notify Aisling if you discover or otherwise suspect any security breaches or unauthorized access related to your Account, the Services, or the Program; and (e) take responsibility for all activities that occur under your Account and accept all risks of any authorized or unauthorized access to your Account.

  4. If there is a dispute about the ownership of an Account, we reserve the right to investigate and determine ownership of the Account based on our reasonable judgment.


3. Affiliate Websites
  1. Affiliate’s websites from which the Affiliate promotes Aisling and the Services (collectively, the “Affiliate Websites”) shall not (a) infringe, misappropriate, or violate any patent, copyright, trademark, trade secret, confidentiality, moral, or privacy right, or any other proprietary or intellectual property right; (b) violate or promote the violation of any law; (c) be defamatory, fraudulent, false, misleading, or deceptive; (d) constitute spam, phishing attempts, “chain letters”, “pyramid schemes”, or similar unethical marketing or advertising; (e) be pornographic, vulgar, exploitative of children, or otherwise obscene; (f) include sex or adult-themed products, services, or other material; or (g) promote violence, discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.

  2. Affiliate is fully responsible for and retains all rights and ownership in its Affiliate Websites. The Affiliate acknowledges and agrees that Aisling (a) has no obligation to review, monitor, validate, correct, or update Affiliate Websites in any way, and (b) expressly disclaims any liability arising from the Affiliate Websites.


4. Affiliate Responsibilities & Restrictions
  1. Affiliate shall comply with all applicable local, state, national, and international laws and regulations, including, but not limited to, consumer protection, advertising, anti-bribery, export-control, and data privacy laws.
  2. Affiliate agrees to promptly assist Aisling in complying with any applicable laws, including data subject requests that Aisling may receive from any individuals referred to Aisling by Affiliate. Affiliate further agrees to promptly assist Aisling in complying with any duties to cooperate with supervisory authorities under applicable data protection laws.
  3. Affiliate shall only refer potential customers to Aisling who (a) have provided valid contact information; (b) are not bots, fake, illegitimate, or otherwise fraudulent; and (c) meet the eligibility requirements set in Aisling’s Terms of Service (https://Aisling.com/legal/).

Affiliate Advertising
  1. Subject to the restrictions set forth in these Terms, Affiliate is responsible for the content, communications, and materials, including the form and format thereof, used by the Affiliate to promote Aisling or the Services in connection with the Program (“Promotional Content”). Affiliate shall not modify, change, customize, copy, or imitate any of Aisling’s Property (defined below), including Aisling’s trademarks, logos, banners, and graphics, when using any of Aisling’s Property in or as part of the Promotional Content. Authorized versions of Aisling’s Property that may be used in Promotional Content are available in the Affiliate’s Account.
  2. Affiliate shall promptly comply with Aisling’s instructions to modify or remove Promotional Content.
  3. Promotional Content shall include a disclosure that Affiliate is a member of the Program and has a marketing relationship with Aisling. Affiliate shall not conceal its relationship with Aisling or obscure its participation in the Program in any way; nor shall Affiliate represent or imply that it is a Aisling partner, employee, or other representative of Aisling.

5. Affiliate Code of Conduct:
Affiliate shall abide by the highest standards of ethics and professionalism. Without limiting the generality of the foregoing, Affiliate and/or your Promotional Content shall not, in connection with the Program:
  1. Misrepresent the Services in any way, including its prices, plans, discounts, or functionality;

  2. Offer or provide any warranties, guarantees, incentives, rewards, or indemnities, except as set forth in the https://Aisling.com/affiliates/.

  3. Commissions are calculated based on the actual Fees paid by the Referred Customer, exclusive of any taxes (such as value added tax, sales tax, goods and services tax, etc.), levies or duties owed by the Referred Customer. If the Referred Customer has received a discount, the Commission is calculated from the discounted Fee. One-time or overage fees and add-on subscriptions shall not be considered in the calculation of Commissions. If any Fees are refunded to a Referred Customer for any reason, Aisling may setoff such amounts from Affiliate’s future Commissions.

  4. Commissions shall only be paid to one Affiliate for each Referred Customer. If there is a dispute as to which Affiliate should receive Commission, at its own discretion Aisling shall make a determination as to which Affiliate shall receive the Commission, and Aisling’s decision in this matter shall be final.

  5. When a potential Aisling customer clicks on an Affiliate Link a tracking cookie will be stored by the web browser used by the potential Aisling customer when they click on the Affiliate Link. The tracking cookie will have a validity of 60 days. During those 60 days if the potential Aisling customer clicks on a different Affiliate Link while using the same web browser, a new cookie will not be placed and the original cookie will persist. After 60 days have passed the original tracking cookie will expire and a new cookie will be placed if the potential Aisling customer clicks on any Affiliate Link. Tracking cookies are stored by individual web browsers. If a potential Aisling customer clicks on different Affiliate Links using different web browsers each web browser will store a tracking cookie associated with the Affiliate Link that was accessed within that web browser. At signup, the Referred Customer will be assigned to the Affiliate whose Affiliate Link is identified by the tracking cookie stored by the web browser used by the Referred Customer to sign up.

  6. Aisling is not responsible for tracking cookies that have been either intentionally or unintentionally deleted. No Commission will be paid for tracking errors of any kind, including, without limitation, any tracking errors caused by Affiliate’s editing, masking, or tampering with an Affiliate LInk.

  7. Commissions are paid via TransferWise or another payment method selected by Aisling. Aisling is not responsible for any transaction fees charged by TransferWise or any other payment provider.

  8. Commissions shall only be paid when the balance of all Commissions due is more than $100.00.

  9. Aisling is not responsible for lost, stolen, or misdirected Commission payments.

  10. You are solely responsible for all tax obligations due to all taxing authorities arising from or in connection with your participation in our Program. Aisling will not withhold any taxes of any kind from your Commissions.


6. Termination

  1. Aisling may in its discretion terminate the Program, this Agreement, and/or your Account at any time without formal notice, and Affiliate may terminate this Agreement at any time by providing written notice to Aisling (collectively, “Termination”).

  2. Upon Termination, (a) Affiliate shall (i) immediately cease all use of Aisling’s Property, including Aisling’s logos, marks, banners, images, content, trademarks, and software, (ii) remove and return or destroy all Promotional Content, and (b) Aisling shall have no further obligations to Affiliate under this Agreement, including the payment of any pending or prior earned Commissions.

  3. Upon any termination, expiration, discontinuance, or suspension of these Terms or the Program, any provision that, in order to give proper effect to its intent, should survive the termination, expiration, discontinuance, or suspension of these Terms or the Program, will survive such termination, expiration, discontinuance, or suspension of these Terms or the Program, including, but not limited to Sections 6, 7, 8, 9, 10, 12, 13, 14, and 15.


7. Aisling’s Property

  1. The Services and the Program, and all proprietary rights related thereto, are the sole and exclusive property of Aisling. Without limiting the generality of the foregoing, all rights, title, and interest in and to the Services and the Program, including any and all servers, artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the look, feel, and arrangement of the Services and the Program, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered, and any derivations thereof (collectively, “Aisling’s Property”) are owned by and/or licensed to Aisling.

  2. Affiliate shall not assert any claim of ownership of, or any claim to, Aisling’s Property and shall not take and shall not permit any action or omission in derogation of any of the rights in Aisling’s Property, either during the term of this Agreement or thereafter.


8. Submissions

  1. We welcome questions, comments, suggestions, and ideas about Aisling and our Program (“Submissions”). If you provide a Submission, whether by email or otherwise, you agree that it is non-confidential (unless we state otherwise in writing) and shall become the sole property of Aisling.

  2. Aisling shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise. You agree that Aisling is not obligated to provide acknowledgment or compensation to you in exchange for Submissions.


9. Confidentiality
Any information provided to Affiliate relating to Aisling’s business, customers, vendors, software, technology, or financial condition, or any other information designated as confidential by Aisling (collectively, the “Confidential Information”) is a valuable asset which Aisling desires to retain in confidence. Affiliate shall keep in confidence, and ensure its employees and subcontractors keep in confidence, all Confidential Information provided to or acquired by Affiliate and shall not disclose, divulge, or reveal the same, or any part thereof, directly or indirectly, to any person or persons, or make any use of such Confidential Information (other than in the performance of its obligations under this Agreement), without the express written consent of Aisling.

10. Relationship of Parties
The relationship between you and Aisling is solely that of independent contracting parties. Nothing in this Agreement creates any agency, joint venture, partnership, franchise, or other form of joint enterprise, employment, or fiduciary relationship between us. Neither Aisling nor you have any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other party or to bind the other party to any contract, agreement, or undertaking with any third party.

11. Audit and Inspection
Aisling reserves the right to request from the Affiliate information, documents, data, personnel, and other materials regarding the Affiliate Websites and Promotional Content. The Affiliate is required to provide complete, accurate, truthful, and detailed information to Aisling upon request.

12. Limitation Of Liability

  1. NEITHER Aisling, ITS OWNERS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, AFFILIATES, SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR PROGRAM WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST REVENUE OR PROFITS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Aisling HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL Aisling’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS EXCEED THE AMOUNT OF YOUR EARNED AND UNPAID COMMISSIONS.

  2. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY AND DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Aisling AND YOU.


13. Indemnity

  1. You agree to defend, indemnify, and hold harmless Aisling (and each of our owners, officers, directors, employees, agents, contractors, licensors, and affiliates) (collectively the “Aisling Indemnitees”) from and against any and all losses, costs, expenses, damages, injuries, and/or liability of any kind, including attorney’s fees, that a Aisling Indemnitee may incur or suffer as a result of any claims, suits, proceedings, or investigations asserted or commenced by any third party, which arise out of or are in any way connected with (a) your participation in the Program; (b) Affiliate Websites or Promotional Content; (c) your breach or alleged breach of these Terms; or (d) your violation or alleged violation of any law or the rights of another.

  2. We reserve the right, in our sole discretion, to control any action or proceeding, including selection of counsel, and determine whether we wish to settle it, and if so, on what terms, in which event you will cooperate with us in asserting any available defenses.


14. Dispute Resolution

  1. PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES WITH Aisling AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

  2. We want to address your concerns without resorting to a formal legal case. Before filing a formal legal claim against Aisling, please contact us at support@aisling.io. We’ll try to resolve the dispute and address your concerns. If a dispute is not resolved within 15 days after submission, you or Aisling may bring a formal proceeding as set forth in this Section 14. Any dispute, controversy, or claim arising out of or relating to the Program or these Terms, or the breach thereof, shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof; provided, however, that you and Aisling are not required to arbitrate any dispute in which either party seeks equitable or injunctive relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, patents, or other confidential information or intellectual property.

  3. You and Aisling agree that arbitration will occur exclusively in metropolitan Zurich, Switzerland and that arbitration will be conducted confidentially by a single arbitrator.

  4. If for any reason this agreement to arbitrate does not apply to the dispute, you and Aisling agree that any judicial proceeding, including any appeal of an arbitration award, will be brought exclusively in the federal or state courts located in Zurich, Switzerland. Both you and Aisling exclusively consent to venue and personal jurisdiction in the County of Zurich, Switzerland, and we both agree to waive our right to a jury trial. If a judicial proceeding is brought in the state courts of Zurich, Switzerland under this section 14.5, the parties consent and agree to the transfer of such proceeding to the Metro Atlanta Business Case Division.

  5. The Terms and the resolution of any disputes shall be governed by and construed in accordance with the laws of Zurich, Switzerland without regard to its conflict of laws principles.

  6. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU WAIVE ANY RIGHT TO COMMENCE A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.


15. Miscellaneous

  1. Our Privacy Policy is incorporated herein by reference and, together with these Terms, constitute the entire agreement of the parties and supersede all prior and contemporaneous understandings between the parties regarding their collective subject matter. You may not assign any of your rights or obligations under these Terms without prior written consent from Aisling. Aisling may assign any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.

  2. Our failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.