TERMS OF SERVICE – August 11th, 2017
Air Serenity SAS and its subsidiaries and affiliates (collectively “Air Serenity” or “we”) manufacture, market, and sell electronic indoor air quality treatment products (each a “Product” and, collectively, the “Products”) and provide additional features such as a website located at air-serenity.com (the “Site”), a mobile application, and downloadable software (collectively, the “Services”) to enhance your use of the Products. Some Air Serenity Products and Services can be used together or in ways that integrate with products and services from third parties.
These Terms of Service (“Terms”) govern your access to and use of the Products and Services. These Terms give you specific legal rights, and you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law. Your purchase of the Products and your use of the embedded software are governed by an additional limited warranty provided with the Products and an End-User License Agreement.
This is a legal agreement between you and Air Serenity. By accessing and using the Services and Products, you are accepting and agreeing to these Terms on behalf of yourself or the entity you represent. You represent and warrant that you have the right, authority, sufficient legal age and capacity to accept and agree to these Terms on behalf of yourself or the entity you represent. If you do not agree with any of the provisions of these Terms, you should cease using or accessing the Products or Services.
As described below, you are consenting to automatic update of the Services and of the Products connected to the Services without notifying you or requesting your consent. You agree to allow us to communicate with you electronically regarding the Device and the Services.
You acknowledge that the Products and the Services do not constitute medical equipment or medical advice of any kind, as described in further detail below.
UPDATES AND MODIFICATIONS OF THESE TERMS
We shall have the right at any time to change or modify these Terms. We will post notice of any such modified Terms to this page along with a “Last Updated” date. Your continued use of the Devices or Services after such notice is given shall be deemed to constitute your acceptance of the modified Terms.
LICENSE AND OWNERSHIP
Subject to these Terms, Air Serenity grants you a non-transferable, non-exclusive, right (without the right to sub-license) to access and use the Services and the Products, as well as control and monitor the Data of the Products you own or you are authorized to monitor. The Services can only be run in executable object code form.
If specifically authorized, you can get access to third party Products through an interface provided by Air Serenity.
You agree not to, and you will not permit others to: (i) reverse engineer any of Air Serenity Products or Services, (ii) disassemble any portion of an Air Serenity Products, including without limitation by removing any components from their respective housings, or otherwise attempt to derive the structure or logic underlying any Air Serenity Products, (iii) copy, modify or make any reproduction of any Air Serenity Products in whole or in part through mechanical or other means, or (iv) use, inspect or analyze any Air Serenity Products, (v) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Services or make the Services available to any third party, (vi) copy or use the Service for any purpose other than as permitted by these Terms, (vii) remove or alter any trademark, logo, copyright, or other proprietary notices, legends, symbols, or labels in the Services, or (viii) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services (except to the extent applicable laws specifically prohibit such restriction for interoperability purposes, in which case you agree to first contact Air Serenity and provide Air Serenity an opportunity to create such changes as are needed for interoperability purposes).
The Services and all copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of Air Serenity and its licensors. All feedback provided by you to Air Serenity with respect to the Products or Services is Air Serenity’s property. Air Serenity may use, copy, modify, publish, or redistribute your feedback and its contents for any purpose and in any way without any compensation to you.
Certain materials may be displayed or performed on the Services (including, but not limited to text, graphics, articles, photographs, video, images, and illustrations (“Content”)). You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not exploit for any purposes whatsoever any Content or other proprietary rights not owned by you without the express prior written consent of the respective owner.
Air Serenity may from time to time develop patches, bug fixes, updates, upgrades, and other modifications to improve the performance of the Services(“Updates”). Updates may be automatically installed without providing you any additional notice or receiving any additional consent from you. If you do not want such Updates, your remedy is to stop using the Services. You acknowledge that you may be required to install Updates to use continue using the Services and the Products and you agree to promptly install any Updates Air Serenity provides. Your continued use of the Services is your agreement to these Terms and your consent to Updates.
Some Updates may not be able to be installed automatically. In such instances, we will electronically request that you install such Updates. You agree to promptly install any and all Updates upon request.
The Services and Products rely on third-party products and services to function properly and completely. Air Serenity does not control these products or services. The functionality and accessibility of the Services and Products may be impacted by third-party products and services. You agree that we are not responsible for damages and losses due to the operation of third-party products and services.
Open Source Components.
Certain items of software included with the Services are subject to so-called “open source” licenses (“Open Source Software”). Some Open Source Software is owned by third parties. Open Source Software is not subject to these Terms. Instead, each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. If required by any license for particular Open Source Software, Air Serenity makes such Open Source Software, and modifications to that Open Source Software, available by written request to firstname.lastname@example.org.
Interface to Third Party Products and Services
Air Serenity may provide through the Services the opportunity for you to interface the Products and Services to one or more third party products and services (“Third Party Products and Services”). Your explicit authorization and selection of Third Party Products and Services are required for this interface, and are revocable by you at any time. Once your consent is given for a particular Third Party Product and Service, you agree that Air Serenity may exchange information and control data regarding you and your products, including your personal information, in order to enable the interface you have authorized.
Once this information is shared with the Third Party Product or Service, its use will be governed by the third party’s safety and privacy policies. Air Serenity is not responsible for your use of any Third Party Product or Service, nor any harm or losses arising from your use of any Third Party Products or Services. You should contact the third party with any questions about their Third Party Products and Services.
You are solely responsible for ensuring your compliance with local, state, national, and international laws, rules, and regulations. You represent and warrant that your use of the Products and the Services does not violate any federal or other applicable law or regulation
The Products and Services are for use by individuals aged 13 years or older. Use of the Products or Services by anyone under the age of 13 is strictly prohibited and is a violation of these Terms. If you are 13 or older but under the age of 18, you should review these Terms with a parent or guardian to make sure you understand the obligations of these Terms.
Personal and Professional Use
The Products which are not directly sold by Air Serenity are meant for personal use only. The use of the Services is intended solely for use in connection with your personal Products.
Only Air Serenity and its official representatives are entitled to sell Products to companies or organizations, meant to be used by these companies or organizations.
Access outside certain countries
The Products and Services provided are not available to all persons or in all countries. If you choose to access them from outside a country in which Air Serenity supports the Product and Services, you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. Air Serenity accepts no liability for any damage or loss caused by your accessing or use of the Services or Products outside a country in which Air Serenity supports the Product and Services. You will be bound by these Terms wherever you access or use the Services or Products.
Your Account Information and Protection
To gain access to advanced functions and features of the Products and Services, you must create an account (your “Account”). This allows you to access the information collected by the Products (the “Data”), observe trends in the Data and receive recommendations.
When creating your Account, you agree and warrant that: (a) all required registration information you submit is truthful ; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any applicable law or regulation.
You are entirely responsible for maintaining the confidentiality of your Account, including your login information and password. You agree to maintain your password securely and will be responsible for all activities that occur under your Account. You agree to immediately notify Air Serenity at email@example.com in case of any unauthorized or supected unauthorized use of your Account. Air Serenity is not liable for any loss or damage arising form your failure to comply with the above requirements.
Air Serenity cares about the security of your personal data. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Air Serenity has the right to immediately suspend your Account in our sole discretion in the event of any conduct by you which we consider to be unacceptable, or in the event of any breach by you of these Terms.
You may terminate your account at any time by sending us a request at firstname.lastname@example.org. Upon termination of your Account, you will no longer have access to the Services; however, you may continue to be able to use your Products with limited functionality.
If you transfer your Products to a new owner, your right to use the Services with respect to that Product will automatically terminate.
LIMITATIONS AND PRECAUTIONS
The Products and the Services do not constitute a medical or emergency or metrology product.
Air Serenity is not a licensed medical care provider. We have no authority to diagnose, examine, or treat medical conditions of any kind. You understand that your use of the Products and the Services should not replace your current medical routine and/or the relationship between you and your physician or medical care provider. The Products and the Services are not meant to replace any kind of alarm, detector, or similar device that you may have.
You understand that there is no guarantee or promise or endorsement of any kind about any information, recommendation, specific level of benefit or services that you access via the Products and the Services. Actual benefits will vary with factors beyond Air Serenity’s control or knowledge. You agree not to hold us liable for the accuracy, reliability, effectiveness, or proper use of information you receive through the Products or the Services. When you rely on such information or take action, you do so solely at your own risk.
You acknowledge these limitations and agree that we are not responsible for any health problems or damages that may result from any failure or delay of, or any information you learn from, the Products or the Services.
These Terms will remain in full force and effect as long as you continue to access or use the Products or Services, or until terminated in accordance with the provisions of these Terms.
DISCLAIMER OF WARRANTY
NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Air Serenity PROVIDES THE PRODUCTS AND SERVICES “AS-IS” AND DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. Air Serenity DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE PRODUCTS AND SERVICES. Air Serenity MAKES NO WARRANTY THAT THE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE. YOU USE ALL PRODUCT INFORMATION (AS DEFINED BELOW), PRODUCTS AND SERVICES AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOURSELF, YOUR HOME, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, PRODUCTS OR SERVICES.
LIMITATION OF LIABILITY.
NOTHING IN THIS EULA AND IN PARTICULAR WITHIN THIS “LIMITATION OF LIABILITY” CLAUSE SHALL ATTEMPT TO EXCLUDE LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS: (I) IN NO EVENT WILL Air Serenity BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS OR SOFTWARE, EVEN IF Air Serenity KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (II) Air Serenity’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS AND SOFTWARE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO Air Serenity OR Air Serenity’S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. Air Serenity DISCLAIMS ALL LIABILITY OF ANY KIND OF Air Serenity’S LICENSORS AND SUPPLIERS.
You agree to defend, indemnify, and hold harmless Air Serenity, its affiliates, partners, service providers, licensors, directors, officers, employees, agents, and assignees from and against all claims expenses, losses, liabilities, and costs, including reasonable attorneys’ fees, resulting from (i) any breach of these Terms or your negligent and wrongful conduct; (ii) your use and access of the Products or Services; and (iii) any violation by you of any applicable law, rule, or regulation, including the violation of any intellectual property or other third party rights. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting available defenses.
GOVERNING LAW AND DISPUTE RESOLUTION
Any dispute, claim, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Products or Services, or the breach, termination or validity thereof, shall be governed in all respects by French law, without regard to its conflict of law provisions, and shall be resolved in the district court of Paris, France.
Air Serenity prefer to resolve your concerns without resorting to formal legal procedures. Before filing a claim against us, you agree to try to resolve your dispute informally by contacting Air Serenity at email@example.com. We will attempt to resolve the Dispute informally by contacting you through email. If the Dispute is not resolved within ten (10) days after submission, you or we may bring a formal arbitration proceeding as outlined below.
Any Dispute that cannot be resolved informally shall be settled by binding arbitration administered by the Tribunal Arbitral of Paris (France), and you consent to exclusive jurisdiction and venue in such courts. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. The arbitrator is authorized to grant us our reasonable fees and costs (including reasonable attorney’s fees) incurred by us in any action to enforce these Terms.
Notwithstanding the foregoing, Air Serenity may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction
U.S. GOVERNMENT USERS.
The Products and Services are “commercial items,” as defined in 48 C.F.R. 2.101, and are “commercial computer software”, as such term is used in 48 C.F.R. 12.212. The Software is provided to U.S. government users only as a commercial end item and with only those rights as are granted to all other customers pursuant to the terms and conditions herein, in accordance with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4.
You may not export or re-export any Products or Services except in full compliance with all U.S. laws and regulations, executive orders and the like, including in particular the Export Administration Regulations of the U.S. Department of Commerce. Without limiting the foregoing, no Product nor Service may be exported or re-exported into (or to a national or resident of) any country to which the U.S. embargoes goods, or to anyone on the U.S. Treasury Department’s list of “Specially Designated Nationals” and “Blocked Persons”, or the U.S. Commerce Department’s “Denied Persons” List.
If you have questions regarding these Terms, please contact Air Serenity at: firstname.lastname@example.org .