Updated: October 20, 2023

 

The SLA’s terms will govern the uptime for the agreed Subscription Services when this SLA is specifically incorporated (by referencing its URL) into a written agreement, order or quote between Airthings ASA or one of its subsidiaries (“Airthings”) and a Partner or Customer (as defined below), 

 

Definitions

A “Customer” is someone that purchases and/or installs (or has installed by a Partner) an Airthings product and uses the Services. 

“Airthings’ Cloud” means Airthings cloud solution that the Customers connects to to access the Services so that the Customers are able to view indoor air quality levels measured by their Products.

A “Partner” is generally a business and/or service professional that has sold a Product to a Customer and/or has been granted access to the Services by one or more Customers. The term “Partner” includes Airthings’ resellers and distributors. 

“Products” mean Airthings’ indoor air quality monitors. 

“Services” are the services defined in the written agreement.

A “Subscription” is a subscription for an agreed fee to access specific Services pursuant to the separate written agreement, order, quote with Airthings.

 

Terms

The Services are not intended to be used for time-critical or emergency information. Nonetheless, Airthings uses commercially reasonable efforts to ensure a Minimum Average Uptime of 99.5% for the Airthings Cloud. Any connections between the Products and the Airthings’ Cloud, including any network, infrastructure, WiFi, Bluetooth, cellular network or other elements not related to Airthings’ Cloud solution are outside Airthings’ span of control and shall not be subject to or impact the calculation of Uptime.

“Uptime” means the total amount of time that the Airthings’ Cloud is online and available for Customer. 

The “Average Uptime” means the aggregated number of minutes of actual uptime in a calendar month divided by the total number of minutes in the relevant calendar month (i.e., 44,640 total minutes for January, March, May, July, August, October and December; 43,200 total minutes for April, June, September and November; and 40,320 for February or 41,760 in a leap year). 

“Minimum Average Uptime” means and Average Uptime of 99.5%.

If the Minimum Average Uptime is not met in a calendar month, Airthings will credit to Customer (or Partner, if relevant) the penalties according to the table below; provided, however that the Customer has notified Airthings in writing, together with evidence that a breach has occurred, as soon as it was aware of such breach and at the latest within 30 days of experiencing the breach. 

Penalty table

*Discount will be credited on the next calendar month’s invoice.

Penalties do not apply if the reduced Uptime is due to any of the following circumstances:

• Suspension of the Services by agreement or due to breach of the terms of Customer or Partner’s agreement with Airthings.
• Planned maintenance by Airthings or its suppliers. 
• Maintenance that is required due to security concerns (including denial of service attacks or other attacks), without prior notice. 
• Suspension of services upon instruction or requirement by applicable authorities or on account of applicable law or regulatory reasons, without prior notice.
• Latency due to the Services being unreachable or not providing data for a period of two (2) consecutive minutes or less.
• Errors caused by factors outside the reasonable span of control of Airthings or Airthings’ subcontractors.
• Errors caused by Customer or Partner and/or third parties that the Customer or Partner is responsible for, including but not limited to the users of the Services.
• Errors caused by Customer’s or Partner’s and/or third parties’ equipment or infrastructure.
• The inability to access the Services due to defects or battery issues in the Products or due to the Products being updated or upgraded.

Airthings shall have no other liability for not meeting the Minimum Average Uptime other than the penalties specified in the table above. Airthings 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 incurred as a result of any downtime, suspension or other unavailability of the Airthings’ Cloud, Products and/or Services. 

Support

• A customer service team manages technical customer support worldwide.

• The primary support channels are through the business dashboard client or email business-support@airthings.com.

  • General availability within office hours: 9AM-10PM (CET). 

  • Availability exceptions can be made during severe or critical support cases

  • Aim to have initial response time within 24h

• Advisory services and in-depth training upon request.