Airthings Dashboard for B2B2C
The Dashboard is provided to you by Airthings ASA (“Airthings,” “we” or “us”). The Dashboard includes software, services, websites, features, analysis, reports, and content that measure and report on air quality levels (the “Services”). The Services and Dashboard are designed to enable our customers and partners to view air quality levels measured by the devices (the “Devices”) created by Airthings and installed in customer residences or commercial buildings.
The Dashboard and Services are intended to be used by customers and partners. A customer is someone that purchases and/or installs a Device and/or uses the Dashboard and/or the Services (“Customer”). A partner is generally a service professional that has access to the Dashboard of one or more Customers and/or uses the Services (“Partner”). Some Partners may install the Devices in customer residences or commercial buildings. These Terms place obligations on both our Partners and Customers with respect to their use of the Device(s), the Dashboard and/or the Services.
These Terms constitute a legally binding agreement between each individual, and if applicable the Partner they represent, who logs into the Dashboard ("you"), on the one hand, and Airthings on the other hand. If you are a representative of a Partner, you are hereby affirming that you are authorized to bind the Partner to these Terms before proceeding. By creating or accessing an account, logging into the Dashboard and/or continuing to use the Services, you acknowledge that you have read and understood these Terms and that you agree to be bound by (and you agree to bind the Partner to) all of these Terms. We specifically prohibit the use of our Services, Dashboard and/or Devices for any illegal or unauthorized purpose or for uses that violate any laws in your jurisdiction (including but not limited to copyright and privacy laws).
1. Acceptance of Terms
By registering for and/or using the Dashboard and/or Services, you agree to these Terms and all other operating policies that may be published from time to time within the Services, each of which is incorporated by reference and may be updated from time to time without notice to you.
THESE TERMS CONTAINS (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICE. BY USING THE SERVICE, YOU AFFIRM THAT YOU AND THE PARTNER YOU REPRESENT (IF APPLICABLE) AGREE TO THESE PROVISIONS.
You represent and warrant that you are at least eighteen (18) years of age. If you are under age eighteen (18) and/or are unable to agree to these Terms, you may not, under any circumstances or for any reason, use the Dashboard or Services. We may, in our sole discretion, refuse to offer the Dashboard or Services to any person or entity and change eligibility criteria at any time. You are solely responsible for ensuring that your use of the Device, Dashboard and Services complies with these Terms as well as all laws, rules and regulations applicable to you.
Use, Unauthorized Use and Promotional Channels. You agree not to allow any unauthorized third-party access to the Dashboard or Services. You agree to maintain the confidentiality of the usernames and passwords by which you access the Dashboard and/or Services as well as any of the information, including air quality information, you may access via the Dashboard. You must respect applicable law regarding any information received via the Services, and may only use such information for the following purposes, (each a “Permitted Purpose”): (a) reading air quality information provided via the Dashboard and Services to troubleshoot and identify air quality issues at a particular residence or commercial building where one or more Devices are located, (b) contacting a Device’s or residence’s owner (or the owner’s personnel in the case of a commercial building) to offer mitigation or remediation services in the event of an identified air quality issue at the residence or commercial building where the Device(s) is installed in order to improve indoor air quality, (c) scheduling and/or coordinating a service call to address an identified air quality issue.
5. Account, Settings and Notifications
a. Please be sure to follow instructions to authenticate your account. This may include submitting your mobile number and/or email and entering the verification code that we send to you. Our ability to provide access to the Dashboard and/or Services to you may depend upon you authenticating your user account and associating your device with your account.
b. You are responsible for all usage and activity on your account and for loss, theft or unauthorized disclosure of your account credentials.
c. By using the Dashboard and Services, you opt-in and grant us the right to send you emails, text messages, app notifications and other forms of communications relating to your account, customer service inquiries, payment information, promotional opportunities and third-party notices.
6. Downtime and Suspensions
Your access to and use of the Dashboard and/or Services may be interrupted for the duration of any scheduled, unscheduled, or unanticipated downtime, suspension or other unavailability, for any reason and in our sole discretion, including but not limited to: (i) as a result of power outages, system failures or other interruptions, (ii) for scheduled and unscheduled downtime to permit maintenance or modifications to the Dashboard and/or Services, (iii) in the event of a denial of service attack or other attack or event that we determine may create any risk to us, you or any of our users, customers, or licensees, or (iv) in the event that we determine that any Service is prohibited by applicable law or otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons. We shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits), loss of reputation or goodwill, or any other consequences that you may incur as a result of any downtime, suspension or other unavailability of the Dashboard and/or Services. We cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, settings or other service interruptions. We do not assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or settings.
We reserve the right to cancel and/or terminate your access to all or any part of the Dashboard and/or Services for any violation of these Terms. Fraudulent behavior, spamming, flaming, use of profanity or abusive language, on our Website or in connection with your receipt of the Services, or while contacting any Airthings personnel, will not be tolerated. We may terminate your access to all or any part of the Dashboard and/or Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Dashboard and/or Services and cancellation of your access to the Dashboard and/or Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8. Proprietary Rights/License
a. As between the parties, Airthings solely owns and retains all intellectual property rights to the Dashboard and/or Services, including but not limited to design, artwork, technology, software, functionality, and documentation. You shall not directly or indirectly: (i) copy, modify, or reverse engineer any part of the Dashboard or Service (ii) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Dashboard or Services (iii) modify, translate, or otherwise create derivative works of any part of the Dashboard or Services, or (iv) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You acknowledge that you obtain no proprietary rights in our trademarks, service marks, trade names, URLs, copyrighted material, patents, and patent applications, and agree not to challenge our proprietary rights. The compilation of all Data included in or made available through the Dashboard, Services and/or Devices is the exclusive property of Airthings and protected by U.S. and international copyright laws.
b. We (and relevant third parties, successors and assigns) own all rights to all data collected via the Dashboard, Service and/or Device (collectively, the “Data”). Data is our sole and exclusive property, subject to any underlying rights of the Customer with respect to the Data. You grant to us a perpetual and irrevocable, worldwide, assignable and transferrable license to use in the course of our business all of Data that we collect in connection with your use of the Dashboard, Service and/or Device, with the right to share such Data and sublicense it in the course of our business, provided however that such license and right to share will be automatically limited in scope and duration to the extent such limitation is required by any applicable laws and regulations.
c. Airthings grants to you a non-exclusive, non-transferable, non-assignable license (without the right to sublicense or distribute) to install and use the Device, the Dashboard and Services.
9. Governing Law, Arbitration and Class Action Waiver
Any dispute or claim relating in any way to these Terms or previous versions of these Terms, your use (or the use by the Partner you are representing) of the Dashboard, Devices, and/or Services, or any products sold or distributed by Airthings, shall be governed by and construed in accordance with the laws of the Norway without giving effect to any choice or conflict of law provision or rule and shall be subject to the exclusive jurisdiction of the district court of Oslo (“Oslo tingrett”).
NEITHER YOU NOR WE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THESE TERMS TO ARBITRATE. BY AGREEING TO THIS ARBITRATION CLAUSE AND CLASS ACTION WAIVER, YOU AND WE ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM THAT EACH SIDE MAY HAVE AGAINST THE OTHER INCLUDING ANY RIGHT TO CLASS ACTION OR ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Dashboard and/or Services or with these Terms must be filed within one (1) year after such claim of action arose or be forever banned. This arbitration agreement will survive the termination of your relationship with us.
You understand that, in return for agreement to this provision, we are able to offer the Service on the terms designated, at the agreed fees, and that your assent to this provision is an indispensable consideration to these Terms.
10. Warranty Disclaimer, Indemnification, Limitation of Liability
a. We make no representations concerning any Data contained in or accessed through any Device, the Dashboard and/or Services, and you agree we will not be responsible or liable for the accuracy, copyright compliance, or legality of Data contained in or accessed through the Device, Dashboard and/or Services.
b. THE DASHBOARD AND SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND PROVIDERS DO NOT WARRANT THAT: (I) THE DASHBOARD AND SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE DASHBOARD AND SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE DASHBOARD AND SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE DASHBOARD AND SERVICES IS SOLELY AT YOUR OWN RISK. AIRTHINGS MAY AT ANY TIME AND AT ITS OWN DISCRETION, DISCONTINUE TO OFFER THE SERVICES WITH OR WITHOUT PRIOR NOTICE TO YOU. IN SUCH CASE, YOU WILL NOT BE ENTITLED TO CLAIM ANY COMPENSATION, REIMBURSEMENT, DIRECT OR INDIRECT LOSSES, EXPENSES OR DAMAGES FROM AIRTHINGS.
c. Limitation of Liability. WE AND OUR DIRECTORS, SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY LOSSES, EXPENSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE DASHBOARD AND SERVICES. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US, OUR AFFILIATES, DIRECTORS, OUR SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE DASHBOARD AND SERVICES (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED $100. BECAUSE SOME PLACES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
d. Indemnification. You agree to defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, damages, judgments, awards, losses, costs and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to the Device, Dashboard and/or Services, or your violation of these Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
a. Entire Agreement and Severability. These Terms are the entire agreement between you and us with respect to the Dashboard and/or Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Dashboard and/or Services. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
b. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
c. Feedback. You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.
d. Modification. We reserve the right, in our sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the Services at any time by posting updates and/or changes to the Services or by sending you notice through the Services, via email or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Dashboard and/or Services without notice or liability. You shall be responsible for reviewing and becoming familiar with any such modifications, including by checking these Terms periodically for changes. Your continued use of the Services following notification of any changes to these Terms constitutes acceptance of those changes.
e. Assignment. These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without your consent.
f. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
g. No Waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
h. Headings. The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation.
i. Notices. Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to firstname.lastname@example.org.
j. Contact. To contact Airthings by mail you can address your letter to Airthings, Wergelandsveien 7, 0167 Oslo, Attn: Customer Support.