End-User License Agreement

This End-User License Agreement was last updated on 8/19/26.

Please read this End-User License Agreement carefully before accessing or using Market AirPort.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this End-User License Agreement:

  • "Agreement" means this End-User License Agreement, which, together with the Terms of Service and the Privacy Policy, forms the entire agreement between You and the Company regarding the use of the Application.
  • "Application" means the Market AirPort web-based software provided by the Company and accessed by You through a Device.
  • "Company" (referred to as either "the Company," "We," "Us," or "Our" in this Agreement) refers to Market AirPort, based in Geneva, Switzerland.
  • "Content" refers to any listing, text, communication, or other material that can be posted, exchanged, or otherwise made available by You through the Application, regardless of form.
  • "Country" refers to Switzerland.
  • "Device" means any device that can access the Application, such as a computer, cell phone, or digital tablet.
  • "Privacy Policy" means the Market AirPort Privacy Policy.
  • "Terms of Service" means the Market AirPort Terms of Service.
  • "Third-Party Services" means any services or content (including data, information, applications, and other products or services) provided by a third party that may be displayed, included, or made available by the Application.
  • "You" means the individual accessing or using the Application.

Acknowledgment

By accessing or using the Application, You agree to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not access or use the Application.

This Agreement is a legal document between You and the Company, and it governs Your use of the Application made available to You by the Company. Your use of the Application is also subject to the Terms of Service and the Privacy Policy.

You represent and warrant that You are at least 18 years old. The Company does not permit those under 18 to use the Application.

The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.

License

Scope of License

The Company grants You a revocable, non-exclusive, non-transferable, limited license to access and use the Application strictly in accordance with the terms of this Agreement and the Terms of Service.

You may only use the Application on a Device that You own or control.

License Restrictions

You agree not to, and You will not permit others to:

  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Application itself, or make the Application available to any third party, except as the Application's ordinary peer-to-peer functionality permits.
  • Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers, or the licensors of the Application.

The restrictions above apply to the Application software and do not restrict Your lawful use of the Application to buy, sell, or exchange goods or services with other Users in accordance with the Terms of Service.

Intellectual Property

The Application, including without limitation all copyrights, patents, trademarks, trade secrets, and other intellectual property rights in it, is and shall remain the sole and exclusive property of the Company. This does not include Content provided by Users, which the Company does not host, store, or claim ownership of.

The Company shall not be obligated to indemnify or defend You with respect to any third-party claim arising out of or relating to the Application. To the extent the Company is required to provide indemnification by applicable law, the Company shall be solely responsible for the investigation, defense, settlement, and discharge of any claim that the Application or Your use of it infringes any third-party intellectual property rights.

Modifications to the Application

The Company reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.

Updates to the Application

The Company may from time to time provide enhancements or improvements to the features or functionality of the Application, which may include patches, bug fixes, updates, upgrades, and other modifications ("Updates"). Updates may modify or delete certain features or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features or functionalities of the Application to You.

You further agree that all Updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

Maintenance and Support

The Company does not provide any maintenance or support for the use of the Application. To the extent that any maintenance or support is required by applicable law, the Company shall be obligated to furnish it.

Third-Party Services

The Application may display, include, or make available third-party content (including data, information, applications, and other products or services) or provide links to third-party websites or services.

You acknowledge and agree that the Company shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-Party Services.

You must comply with applicable third parties' terms when using the Application. Third-Party Services and links to them are provided solely as a convenience to You, and You access and use them entirely at Your own risk and subject to such third parties' terms and conditions.

Term and Termination

This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from the Company, if You fail to comply with any provision of this Agreement. You may also terminate this Agreement by ceasing to use the Application and deleting any copies of the Application or related files stored on Your Device.

Because the Application does not use accounts, the Company's ability to enforce termination or suspension is limited to the technical measures available to it, as described in the Terms of Service.

Upon termination of this Agreement, You shall cease all use of the Application.

Termination of this Agreement will not limit any of the Company's rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of Your obligations under this Agreement.

Indemnification

You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of Your: (a) use of the Application; (b) violation of this Agreement, the Terms of Service, or any law or regulation; or (c) violation of any right of a third party.

No Warranties

The Application is provided to You "AS IS" and "AS AVAILABLE," with all faults and defects, and without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind, that the Application will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error free, or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included in it; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, or the content are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.

Other than automatically deducting and receiving the Transaction Fee described in the Terms of Service, the Company does not participate in, control, or claim any involvement in transactions, communications, or other activity between Users, as further described in the Terms of Service.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. In such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Limitation of Liability

The Company's total liability for any claim arising out of or relating to this Agreement or the Application, and Your exclusive remedy for all of the foregoing, shall not exceed 1,000 USD.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, or loss of privacy) arising out of or in any way related to the use of or inability to use the Application, any transaction conducted through the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement, even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

Severability and Waiver

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Sanctions and Export Compliance

You represent and warrant that You are not located in, or a resident of, any country or region subject to comprehensive international sanctions (including sanctions regimes maintained by Switzerland, the European Union, the United Nations, the United States, and the United Kingdom), and that You are not listed on any applicable sanctions or restricted-party list.

International Use

The Application is accessible to Users internationally. The Company makes no representation that the Application is appropriate, legal, or available for use in every jurisdiction. If You access the Application from outside Switzerland, You do so on Your own initiative and are solely responsible for compliance with the laws of Your jurisdiction. Where the mandatory consumer protection or other laws of Your country of residence cannot be excluded or overridden by agreement, this Section does not limit the protections those laws provide You.

Changes to this Agreement

The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, the Company will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.

By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.

Governing Law and Jurisdiction

This Agreement and Your use of the Application shall be governed by the laws of Switzerland, excluding its conflict of law rules, regardless of Your country of residence. The courts of Geneva, Switzerland shall have exclusive jurisdiction over any dispute arising out of or relating to this Agreement or the Application, except where the mandatory consumer protection or jurisdictional law of Your country of residence requires otherwise.

Entire Agreement

This Agreement, together with the Terms of Service and the Privacy Policy, constitutes the entire agreement between You and the Company regarding Your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.

Contact Us

If you have any questions about this Agreement, You can contact Us by visiting the Contact Page inside the App.