AirPerks - Terms of Use
Effective Date: March 17, 2026
These Terms of Use ("Terms") form a legally binding agreement between you and neowire GmbH ("neowire", "we", "us" or "our"), the operator of the AirPerks website, mobile apps and services (collectively, the "Service"). By creating an account or using the Service, you agree to be bound by these Terms and our Privacy Policy.
If you do not agree, do not access or use the Service.
1. Eligibility & Accounts
1.1 Who can use AirPerks. You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. If you do not meet this requirement, you must not access or use the Service.
1.2 One person, one account. You may maintain only one account and must provide accurate, current, and complete information. Accounts are personal and non-transferable. You are responsible for all activity under your credentials.
1.3 Strict Territorial Restrictions. The Service is exclusively available to users physically located in the United States, Canada, Australia, United Kingdom, Germany, Spain, Italy, Austria, and France. Accessing or using the Service from any other country is strictly prohibited. Any attempt to access the Service from outside these territories (including through the use of VPNs, proxies, or location-spoofing technology) constitutes a material breach of these Terms and will result in immediate account termination and forfeiture of all Rewards.
1.4 Device and Browser Requirements. To ensure proper tracking and functionality, you must access the Service using a device that meets the following minimum requirements: iOS 14.0 or higher for Apple devices, and Android API level 21 (Android 5.0) or higher for Android devices. You should use a current, supported version of your web browser. We are not responsible for tracking failures, display errors, or loss of functionality caused by the use of outdated operating systems, browsers, or devices that do not meet these requirements.
1.5 Email and Contact Information. You must provide and maintain a valid email address associated with your account. You are responsible for ensuring that emails from AirPerks are delivered to your inbox (including by adding us to your contact list and checking spam/junk folders). If emails to your registered address consistently bounce back or go undelivered, we may restrict account functionality until the issue is resolved.
2. The AirPerks Service
2.1 What we do. AirPerks lets members earn points or cash equivalents (collectively, "Rewards") by completing tasks such as surveys, offers, app trials, shopping, cashback purchases, or other activities made available by neowire or third-party partners ("Partners").
2.2 No guarantee of availability. Offers come from Partners and change frequently. We do not guarantee any specific offer, rate, crediting time, or that an action will be eligible for Rewards.
2.3 First-time user requirement. Unless an offer explicitly states otherwise, you must be a first-time user of the advertised product, service, or app. If you have previously installed, registered for, or used the product or service in question, you may not be eligible for Rewards, and any Rewards credited in error may be reversed.
2.4 Partner terms. Partner content and offerwalls are operated by third parties. Your participation is subject to those third-party terms and privacy notices. neowire is not responsible for third-party sites, apps, products, services, or decisions to approve/deny credit for an activity.
2.5 Tracking & Crediting. Rewards are credited when our systems receive valid confirmation from the relevant Partner that you completed the required action in accordance with the offer's terms. Tracking can be affected by ad blockers, VPNs, device settings, cookies, or other technical factors. Platform Dependency: We are not responsible for tracking failures caused by operating system updates (e.g., iOS App Tracking Transparency), platform policies, or browser settings. If a Partner does not pay us because tracking failed—regardless of the cause—we have no obligation to pay you.
2.6 Pending Periods. Rewards may be subject to a pending period before they are confirmed and become available for redemption. The applicable pending period for each offer is communicated to you in the app before you begin the offer. During the pending period, Partners may verify your completion, and the Rewards remain provisional.
2.7 Partner Quality Control. Our Partners reserve the unilateral right to stop offering surveys or tasks to you if they determine, at their sole discretion, that your responses do not meet their quality standards. This may occur without prior notice and without a specific reason provided to you. If a Partner flags your account for quality concerns, AirPerks may restrict your access to future offers.
2.8 Right to Correct Errors. Offer details—including cashback rates, point values, and reward amounts—are provided by Partners and displayed automatically through data feeds and integrations. Occasionally, technical malfunctions, data-feed errors, or partner misconfigurations may cause incorrect information to be displayed (e.g., an abnormally high cashback percentage). The following rules apply to error corrections:
(a) Time limit. We must identify and begin correction of an error within seventy-two (72) hours of the erroneous information first being displayed.
(b) Materiality threshold. An error will be deemed "obvious" only where the displayed terms are at least five (5) times greater than the intended or normal rate for that offer, such that a reasonable user would recognize the terms as a mistake.
(c) Prospective correction for redeemed Rewards. If you have already redeemed Rewards based on the erroneous rate before we correct the error, the corrected terms will apply prospectively only, and the redeemed Rewards will not be clawed back.
(d) Notice and dispute. Before voiding or adjusting any pending or credited (but unredeemed) Rewards arising from an obvious error, we will notify you by email or in-app notification, explain the nature of the error, and give you seven (7) days to dispute the adjustment through our support channels under Section 5.
3. Rewards, Balances & Redemptions
3.1 Points are not money. Any points, virtual currency, or similar units in AirPerks have no monetary value, are not your property, and are not transferable, assignable, or redeemable for cash except through the redemption methods we make available.
3.2 Service Discontinuation. If we discontinue the AirPerks Service or cease business operations, we will provide at least ninety (90) days' advance notice by email and in-app notification. During this notice period, you may redeem any unredeemed Rewards through the available redemption methods, subject to applicable minimum balances. Any Rewards remaining unredeemed at the end of the notice period may expire.
3.3 Minimums, methods & fees. Redemptions may require a minimum balance and are processed via the methods we support (e.g., gift cards, PayPal, bank transfer, or other options shown in-app). We may apply reasonable fees or limits and may restrict certain methods by geography or risk. All redemptions are final once processed.
3.4 Review, Holds & Rejection. We reserve the right to place holds on your balance, delay payments, or reject payout requests if we detect suspicious activity, policy violations, or low-quality performance.
3.5 Partner Chargebacks and Offsets. If a Partner reverses or declines a credit (a "chargeback") after you have already redeemed the corresponding Rewards, your account balance may become negative. You acknowledge that we may offset any such negative balance against future Rewards you earn until the balance is restored to zero. We will not characterize a negative balance as a debt, pursue collection actions, or report the balance to any credit agency. If your account balance remains negative for an extended period and there is insufficient future earning activity to offset it, we may suspend your account until the balance is resolved through future earnings or mutual agreement.
3.6 Taxes. You are solely responsible for determining and paying any taxes arising from your use of the Service or receipt of Rewards. Where required by law, we may collect tax information and issue forms or reporting.
3.7 Referral program. If available, referral Rewards are earned only for genuine new users who meet all eligibility requirements and complete qualifying activities in accordance with posted referral terms. Self-referrals or fabricated accounts are prohibited. We may cap, modify, or end referral programs at any time.
3.8 Balance Adjustments. neowire reserves the right to make adjustments—including top-ups and deductions—to your Rewards balance where it is necessary and reasonable to do so. This includes, but is not limited to, situations where: (a) Rewards have been incorrectly credited to your account due to technical errors, partner misconfigurations, or system malfunctions; (b) a Partner reverses, revokes, or fails to confirm a transaction or the cashback rate associated with it; (c) duplicate or excess Rewards have been applied; or (d) an adjustment is required to comply with applicable law. Where a deduction is made, we will use reasonable efforts to notify you of the adjustment and the reason for it. You may contact support under Section 5 to dispute any adjustment.
4. Acceptable Use & Fraud Prevention
4.1 General Prohibitions. You agree not to:
- provide false information, use bots, scripts, emulators, rooted/jailbroken devices, device farms, or VPN/proxy tools to mask location or identity;
- use any artificial intelligence, large language model, generative AI tool (such as ChatGPT, Claude, Gemini, or similar), or any automated system to complete surveys, respond to offers, generate answers, or otherwise interact with the Service or any Partner content on your behalf;
- create or use multiple accounts, share accounts, sell or trade accounts or Rewards;
- repeat, reset, or abuse offers beyond their stated limits;
- interfere with tracking, delete required apps early, or otherwise circumvent offer conditions;
- participate in an offer for which you are not a first-time user of the product or service, unless the offer explicitly permits repeat participation;
- post, upload, or transmit unlawful, harassing, defamatory, or infringing content;
- exploit or publicly share any error or bug that gives you or other users an unintended advantage in using the Service; or
- attempt to access the Service in an unauthorized manner or disrupt its operation.
4.2 Survey & Offer Quality Standards. You acknowledge that Partners require high-quality data. The following behaviors are strictly forbidden and constitute a material breach of these Terms:
- Straight-lining: Selecting the same answer option repeatedly for multiple questions (e.g., selecting "C" for every question).
- Speeding: Completing a survey or task significantly faster than the estimated time or the average user time, indicating a lack of attention.
- Gibberish/Low Quality: Providing open-ended answers that are nonsensical, irrelevant, copied from the internet, AI-generated, or clearly fabricated.
- Inconsistent Data: Providing conflicting information across different surveys (e.g., claiming to be 20 years old in one survey and 40 in another).
- Geo-Mismatch: Attempting to take a survey designed for a specific country (e.g., USA) while physically located in a different country, or using technology to disguise your true location to access such surveys.
4.3 Consequences of Violations. If we determine, in our sole and absolute discretion, that you have violated Sections 4.1 or 4.2, or if our fraud-detection systems identify suspicious patterns:
(a) Suspension and Investigation. We may immediately suspend your account and access to the Service without prior notice while we investigate the suspected violation. During a suspension, you will not be able to earn or redeem Rewards.
(b) Forfeiture and Termination. If, following investigation, we confirm a violation, we may permanently terminate your account and you will forfeit all Account balances, unredeemed Rewards, and pending payouts. We will not process withdrawal requests for terminated accounts.
(c) Permanent Ban. You will be prohibited from creating future accounts with AirPerks.
(d) Reporting. We reserve the right to report your activity to our Partners, fraud prevention networks, and law enforcement authorities.
We are not liable to you for any suspension, forfeiture, termination, or other action taken in good faith under this Section 4.3. Our determination regarding violations shall be final, subject to your right to contact support under Section 5 to present additional information.
5. Disputes About Credit & Support
5.1 Time limits. If you believe an offer completed in compliance was not credited, contact support within thirty (30) days of when you could reasonably have known the credit was missing (for example, after the applicable pending period has elapsed and the Reward has not appeared in your balance). Please provide requested proof (e.g., screenshots, receipts, order numbers). We may not be able to assist with disputes raised after this window.
5.2 Partner decisions. Partners decide eligibility for their offers. If a Partner denies credit, our ability to assist may be limited.
6. Inactivity, Closure & Termination
6.1 Inactivity. If you have no qualifying activity for six (6) months (e.g., log-in, earning activity, or redemption), we may flag the account as inactive. Before closing an inactive account, we will send you an email notification at least thirty (30) days in advance to the email address associated with your account, informing you of the intended closure and giving you the opportunity to reactivate your account by logging in or contacting support within that period. If no action is taken within the 30-day notice period, we may close the account, and unredeemed points may expire as permitted by law.
6.2 Reactivation. If your account has been closed due to inactivity, you may request reactivation within thirty (30) days of closure by contacting support. If reactivated, your account will be restored; however, any Rewards that expired upon closure may not be recoverable.
6.3 Voluntary closure. You may close your account at any time through settings or by contacting support. Closing an account forfeits any unredeemed points or pending Rewards.
6.4 Our termination rights. We may suspend or terminate your account or access to the Service at any time for suspected fraud, policy violations, or compliance with law, subject to the procedures set out in Section 4.3. In the event of termination for reasons other than fraud or policy violations (such as discontinuation of the Service), Section 3.2 applies. Upon termination, you lose access to the Service and any unredeemed Rewards, except as required by law.
7. Ownership & License
7.1 Our IP. The Service, including its content, trademarks, logos, and software, is owned by neowire and its licensors and is protected by law. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes.
7.2 Your content. If you submit content (e.g., profile data, feedback, reviews), you grant neowire a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and create derivative works from that content to operate, improve, and promote the Service. You represent that you have all rights needed for such content and that it does not infringe any third party rights.
8. Privacy & Data
8.1 Privacy Policy. Our collection and use of personal data are described in the AirPerks Privacy Policy, which is incorporated by reference. Please review it carefully.
8.2 Fraud prevention. We may use device signals, IP addresses, cookies, and verification services to detect and prevent fraud, abuse, and prohibited conduct.
8.3 Third-party processors. We may share information with Partners and service providers to operate the Service, process payouts, and perform verification in accordance with our Privacy Policy and applicable law.
9. Communications
9.1 Service Communications. By creating an account, you agree to receive essential service-related communications, including account notifications, transaction confirmations, security alerts, payout updates, and policy change notices. These communications are necessary for the operation of the Service and cannot be opted out of while your account remains active.
9.2 Promotional Communications. We may also send you promotional communications about features, offers, and updates. You may opt out of promotional communications at any time by clicking the unsubscribe link in any promotional email or by adjusting your notification preferences in your account settings. Opting out of promotional communications will not affect your receipt of essential service communications.
9.3 Push Notifications. If you enable push notifications on your mobile device, we may send you alerts related to the Service. You can manage push notification preferences through your device settings at any time.
10. Changes to the Service or Terms
We may modify the Service or these Terms from time to time (for example, to reflect changes in features, Partners, or law). Material changes will be notified by email and in-app notification. When we make material changes, you will be required to review and affirmatively accept the updated Terms (for example, by tapping an "I Accept" button) before continuing to use the Service. If you do not accept the updated Terms, you may close your account and redeem any eligible Rewards in accordance with Section 6.3. Changes to the dispute resolution provisions in Sections 13 and 16 will not apply retroactively to any disputes for which you have provided us actual notice prior to the date the change takes effect.
11. Streaks, Missions & Promotional Programs
11.1 Streaks. AirPerks may offer a promotional feature called "Streaks" under which eligible users who maintain qualifying daily activity for seven (7) consecutive days may receive a random Reward. Participation in Streaks is free of charge and no purchase or payment is required. Streak Rewards are selected at random and may vary in type and value. Each user may receive a maximum of one (1) Streak Reward per qualifying seven-day period. Streaks are void where prohibited or restricted by applicable law.
11.2 Missions. AirPerks may offer goal-based challenges called "Missions" under which users can earn a pre-defined Reward by completing a specified number of qualifying activities (e.g., completing a set number of surveys within a specified time period). Mission requirements, Rewards, and deadlines are communicated in the app before you begin. Once a Mission is successfully completed and verified, the stated Reward will be credited to your account.
11.3 General Rules for Promotional Programs. The following rules apply to Streaks, Missions, and any other promotional programs offered through the Service:
(a) All promotional Rewards are non-transferable and have no monetary value until redeemed in accordance with these Terms.
(b) We reserve the right to modify, suspend, or discontinue any promotional program (including Reward structure, eligibility requirements, timing, or mechanics) at any time. Any changes will apply prospectively and will not affect Rewards already earned and credited to your account.
(c) We may disqualify participants, invalidate Rewards, or revoke winnings if we determine that participation was obtained through fraud, automation, bots, scripts, VPN/proxy misuse, or any violation of these Terms.
(d) All decisions regarding eligibility, completion, and Reward allocation are final, subject to your right to contact support under Section 5.
(e) Additional promotional programs may be governed by supplemental terms, which will be posted in the app or on the website. In the event of a conflict between supplemental promotional terms and these Terms, the supplemental terms shall prevail with respect to that specific promotion.
12. Gift Cards
12.1 Availability. AirPerks may offer digital gift cards ("Gift Cards") as a redemption option through the Service. The availability, denominations, participating merchants, and applicable conditions for Gift Cards may vary and will be displayed at the point of redemption.
12.2 AirPerks as Reseller. Gift Cards are provided by AirPerks as a reseller through our fulfillment partners (including Tremendous, Runa, and Revolut) and are redeemable solely with the respective issuing merchant, subject to the issuer's applicable terms and conditions. AirPerks is not the issuer of the Gift Cards and is not responsible for the goods or services provided by the issuer, nor for the issuer's refusal or inability to honor a Gift Card in accordance with its terms.
12.3 Finality. To the fullest extent permitted by applicable law, Gift Card redemptions are final. Gift Cards cannot be cancelled, exchanged, returned, or refunded once delivered (including where a Gift Card code has been issued).
12.4 Risk of Loss. The risk of loss of a Gift Card passes to you upon digital delivery. You are responsible for safeguarding Gift Card codes against unauthorized use. AirPerks is not responsible for loss, theft, misuse, or unauthorized redemption of Gift Cards after delivery.
12.5 Fraud and Abuse. In the event of suspected fraud, abuse, chargebacks, or other violations of these Terms, AirPerks may suspend or cancel Gift Card transactions, deactivate Gift Cards, and/or withhold or reverse associated Rewards.
12.6 Taxes. You are responsible for any personal taxes, duties, or similar charges associated with the receipt or use of Gift Cards, unless expressly stated otherwise or required by applicable law.
13. Cashback
13.1 Cashback Program. AirPerks may offer a cashback program under which you can earn a percentage of your qualifying purchases back as Rewards when you shop through the Service at participating merchants.
13.2 Eligibility and Tracking. To be eligible for cashback, you must click through the applicable cashback link in the AirPerks app or website before completing your purchase. Cashback is tracked via cookies and affiliate tracking technology. Your purchase must be completed in the same browser session, without navigating away or using another affiliate or coupon link that may override our tracking.
13.3 Exclusions. Cashback does not apply to: purchases of gift cards (unless explicitly stated), taxes, shipping and handling fees, returns, cancelled or refunded orders, fraudulent transactions, or any items excluded by the merchant's cashback terms. Cashback is calculated on the net purchase amount after discounts and before taxes and shipping.
13.4 Crediting and Pending. Cashback Rewards are initially credited as pending and will be confirmed after the applicable return period has elapsed and the Partner has confirmed the transaction. If you return a product, cancel an order, or if the merchant reverses the transaction for any reason, the pending cashback will be revoked.
13.5 Rates and Availability. Cashback rates are set by Partners and may change at any time without notice. The rate displayed at the time you click through the cashback link is the rate that applies to your transaction, provided the transaction is completed in that session. neowire does not guarantee any specific cashback rate or the continued availability of cashback at any particular merchant.
13.6 Limitations. If a Partner does not pay us the cashback commission for your transaction—for any reason, including tracking failure, disputed transactions, or merchant policy—we have no obligation to credit your account with cashback Rewards. We will use reasonable efforts to resolve disputes with Partners on your behalf where possible.
14. Disclaimers
The Service and all information, offers, and Rewards are provided "as is" and "as available" without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that offers will be available, that tracking will be uninterrupted, or that you will earn any particular amount. Some jurisdictions do not allow certain disclaimers; in those places, these disclaimers apply to the maximum extent permitted by law.
15. Limitation of Liability
15.1 For users residing in Germany:
- Unlimited Liability: We are liable without limitation for damages caused by intent or gross negligence, as well as for damages resulting from injury to life, body, or health.
- Cardinal Duties: In cases of slight negligence, we are only liable for breaches of a material contractual obligation (a duty whose fulfillment is essential for the proper execution of the contract and on whose observance you may rely). In such cases, our liability is limited to typical, foreseeable damages.
- Cap: Any further liability for damages is excluded, to the extent permitted by law.
15.2 For users residing outside Germany (including US, UK, Canada & Australia): To the maximum extent permitted by law, neowire and its affiliates, officers, directors, employees, agents, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits or revenues, whether incurred directly or indirectly, or for loss of data, goodwill, or other intangible losses. In no event will our total liability for all claims relating to the Service exceed the greater of the following amounts in your local currency: USD $150 (or the equivalent in GBP, CAD, AUD, or EUR as applicable) or the amount you earned in Rewards during the three (3) months preceding the event giving rise to the liability.
15.3 United Kingdom. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under the Consumer Rights Act 2015 (including section 65).
15.4 Australia. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). Nothing in these Terms purports to modify or exclude the conditions, warranties, and undertakings implied by the ACL or any other applicable consumer protection legislation. For major failures with the service, you are entitled to cancel your contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time.
16. Indemnification
16.1 Scope. You agree to defend, indemnify, and hold harmless neowire and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your willful fraud, intentional misrepresentation, or deliberate violation of these Terms (including, without limitation, creating multiple accounts, engaging in fraudulent activity, or deliberately circumventing fraud-prevention measures).
16.2 Exclusions. This indemnification obligation does not extend to losses arising from your ordinary use of the Service, inadvertent violations, or any conduct that does not involve willful misconduct.
16.3 Consumer Law Carve-Out. To the extent that mandatory consumer protection law in your jurisdiction (including the Australian Consumer Law, the UK Consumer Rights Act 2015, or applicable EU consumer protection directives) prohibits or limits consumer indemnification obligations, this Section 16 shall not apply or shall apply only to the extent permitted by such law.
17. Governing Law & Dispute Resolution
17.1 Default Governing Law. Except as otherwise provided in this Section 17 or in the Jurisdiction-Specific Addenda (Section 20), these Terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of Germany (material law), without regard to conflict-of-laws rules.
17.2 For United States Residents. If you reside in the United States, the arbitration agreement and class action waiver set forth in Section 20.1 govern all disputes between you and neowire. The Berlin jurisdiction clause in Section 17.4 does not apply to you; instead, the arbitration provisions in Section 20.1 shall constitute the exclusive dispute resolution mechanism (subject to the small claims court exception set forth therein).
17.3 For EU/EEA and United Kingdom Consumers. If you are a consumer residing in the EU, EEA, or United Kingdom, nothing in these Terms deprives you of the protection afforded by the mandatory consumer protection rules of your country of residence. You may bring claims in the courts of your country of residence in accordance with applicable law, regardless of the jurisdiction clause in Section 17.4. In particular, your statutory consumer rights under local law remain unaffected.
17.4 Default Venue / Jurisdiction. Subject to Sections 17.2, 17.3, 20.2, 20.3, and 20.4, the courts located in Berlin, Germany, shall have exclusive jurisdiction, except that we may seek injunctive relief in any competent court to protect our intellectual property or prevent abuse of the Service.
17.5 Consumer Alternatives (EU/UK). Consumers in the EU may refer disputes to an EU online dispute resolution (ODR) platform at https://ec.europa.eu/consumers/odr; we are not obliged to participate but will consider requests in good faith. Statutory consumer rights under local law remain unaffected.
18. Copyright / DMCA
18.1 Respect for Intellectual Property. We respect the intellectual property rights of others and expect our users to do the same.
18.2 DMCA Takedown Procedure. If you believe that content on the Service infringes your copyright, you may submit a notification to our designated agent in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512). Your notification must include: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and its location on the Service; (d) your contact information (address, telephone number, and email); (e) a statement that you have a good faith belief that use of the material is not authorized by the copyright owner; and (f) a statement under penalty of perjury that the information in the notification is accurate and that you are the copyright owner or authorized to act on their behalf.
18.3 Designated Agent. DMCA takedown notices should be sent to: legal@airperks.app, or by mail to neowire GmbH, Rheinpromenade 13, 40789 Monheim am Rhein, Germany, Attn: DMCA Agent.
18.4 Counter-Notification. If you believe that material removed pursuant to a DMCA notice was not infringing, you may submit a counter-notification to our designated agent with the information required by 17 U.S.C. § 512(g).
19. Miscellaneous
19.1 Entire agreement. These Terms constitute the entire agreement between you and neowire regarding the Service and supersede any prior agreements.
19.2 Severability. If any provision is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
19.3 Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms without restriction.
19.4 No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
19.5 Notices. We may provide notices by posting to the Service, by email, or by other reasonable means. For material changes to these Terms, email notification is required. For support or legal notices to us, use the contact information in Section 21.
19.6 Force majeure. We will not be liable for delays or failures due to events beyond our reasonable control.
19.7 Limitation on Time to File Claims (US only). For users residing in the United States: to the fullest extent permitted by applicable law, any cause of action or claim arising out of or related to these Terms or the Service must be commenced within one (1) year after the cause of action accrues; otherwise, the cause of action is permanently barred. This limitation does not apply to residents of jurisdictions where such limitation periods are prohibited by law.
20. Jurisdiction-Specific Addenda
20.1 For United States Residents: Arbitration & Class Action Waiver PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
- Binding Arbitration. You and neowire agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") shall be settled by binding individual arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules then in effect, and not in a court of law. The arbitrator shall have exclusive authority to resolve any Dispute, including any claim that all or part of this arbitration agreement is void or voidable (a "delegation clause").
- Small Claims Court Exception. Notwithstanding the foregoing, either party may bring an individual action in small claims court for Disputes within the jurisdictional limits of the small claims court, provided the Dispute does not exceed ten thousand U.S. dollars ($10,000).
- Location. The arbitration shall take place in the county of your primary residence, or at your election, may be conducted remotely by video conference or telephone.
- Fees. For any Dispute where the amount in controversy does not exceed ten thousand U.S. dollars ($10,000), neowire will pay all AAA filing fees, administration fees, and arbitrator fees. For Disputes exceeding $10,000, fees shall be allocated in accordance with AAA Consumer Arbitration Rules.
- Class Action Waiver. YOU AND NEOWIRE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and neowire agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
- Opt-Out. You may opt out of this arbitration agreement within thirty (30) days of first accepting these Terms by sending a written notice to legal@airperks.app or by certified mail to: neowire GmbH, Rheinpromenade 13, 40789 Monheim am Rhein, Germany, Attn: Arbitration Opt-Out. Your notice must include your full name, account email address, and a clear statement that you wish to opt out. If you opt out, you and neowire may litigate Disputes in court.
- Minors. This arbitration agreement does not apply to any individual under the age of 18 in any jurisdiction.
20.2 For EEA/UK Consumers:
- Consumers may refer disputes to an EU online dispute resolution (ODR) platform; we are not obliged to participate but will consider requests in good faith.
- Statutory consumer rights under local law remain unaffected.
- Nothing in these Terms, including the disclaimers and limitation of liability, affects your statutory rights as a consumer under the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, or other applicable UK or EU consumer protection legislation.
20.3 For Canadian Residents:
- These Terms are subject to applicable federal and provincial consumer protection legislation, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy laws. Nothing in these Terms excludes or limits rights that cannot be excluded or limited under applicable Canadian law.
- Quebec Residents: If you reside in the Province of Quebec, the mandatory provisions of the Quebec Consumer Protection Act apply and prevail over any inconsistent provision in these Terms. Mandatory arbitration clauses do not apply to consumers in Quebec to the extent prohibited by the Consumer Protection Act. In the event of a discrepancy between the English and French versions of these Terms, the French version will prevail for Quebec residents.
- The Competition Act (Canada) applies to all representations made through the Service. Any reward, offer, or promotion communicated through the Service will comply with applicable advertising and promotional requirements.
20.4 For Australian Residents:
- Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). Nothing in these Terms purports to exclude, restrict, or modify any consumer guarantee or any right or remedy you may have under the Australian Consumer Law or any other applicable consumer protection legislation.
- The limitation of liability in Section 15.2 applies only to the extent permitted by the Australian Consumer Law and does not limit our liability in relation to consumer guarantee failures.
21. Contact
neowire GmbH Address: Rheinpromenade 13, 40789 Monheim am Rhein Registered office / Trade register: Handelsregister Düsseldorf, HRB 110150 Support: hello@airperks.app Legal / DPO: legal@airperks.app DMCA Agent: legal@airperks.app
22. Glossary
- Account: your registered profile for accessing the Service.
- Partner: a third party that lists offers, surveys, or other activities through the Service.
- Rewards: points, cash equivalents, gift cards, or other benefits you may redeem in accordance with these Terms.
- Cashback: a percentage of a qualifying purchase amount returned to you as Rewards when you shop through the Service.
- Gift Card: a digital prepaid card issued by a third-party merchant and redeemable in accordance with the issuer's terms and conditions.
- Streaks: a promotional feature under which qualifying daily activity over consecutive days may result in a Reward.
- Missions: goal-based challenges in which a pre-defined Reward is earned by completing specified activities within a set time period.
Document version: v2.0