1. SCOPE AND APPLICATION
These Terms and Conditions shall apply in addition to and in parallel with Airthings’ “General Terms and Conditions of Sale” which apply in case of a sale of Products from Airthings to a Buyer, unless mandatory legislation stipulates otherwise.
2. THE SERVICES
2.1 The Services
Airthings offers certain services (the “Services”) relating to the processing of various data recorded by and/or transmitted via the Products (the “Data”). These Services include, but are not limited to:
- software for reporting and analysis which allows the User to upload Data to a computer with USB cable (the “CRA Software”);
- software application which may be downloaded to a computer or a mobile device for monitoring, analysis and reporting of Data (the “App”); and
- storage of Data on servers hosted by Airthings or a third party (the “Cloud Services”).
The Services are provided “as is” and may be amended or modified by Airthings from time to time, without giving prior notice to the User. Airthings may also, at any time and at its own discretion, discontinue to offer the Services without giving prior notice to the User. The User shall not be entitled to claim any form of compensation, reimbursement, direct or indirect losses or damages from Airthings in case of discontinuation or termination of the Services.
3.1 Collection and storage of Data and other information
Airthings or a third party designated by Airthings may collect and store Data and other information related to the Products and/or the User, such as:
Data: Location, time, sensor data and device identification
Other information: The User’s name, e-mail address, user name and password
Airthings’ collection and storage of Data and other information may take place at any time, without obtaining any further consent from the User.
Airthings may collect Data and other information through the Cloud Services by accessing information from servers or databases hosted by Airthings or a third party, and/or by collecting accessible information transmitted via or through the Services, Products or other devices used by the User.
The Data and other information collected and stored by Airthings or a third party designated by Airthings shall however only be used in accordance with and subject to the provisions in section 3.2 and 3.3 below.
3.2 Use of Data
Subject to applicable background legislation and in accordance with the further provisions in these Terms and Conditions, Airthings may process, use, reproduce, disclose, share, distribute and otherwise exploit Data which originate from, or is submitted by, the User.
Provided that the Data in question are in an aggregated, anonymized and unidentifiable form, Airthings may freely process, use, reproduce, store, disclose, share, distribute and otherwise exploit collected Data which originates from, or is submitted by, the User, in order to:
- provide, develop and/or improve the Products and/or the Services;
- carry out analysis and research activities; and
- pursue any other commercial purpose as Airthings deems fit from time to time.
3.3 Use of certain restricted information
Notwithstanding the foregoing, Airthings may not disclose to any third party, use or otherwise exploit for any commercial purpose Data regarding exact location of individual Products or information relating to the User’s name, e-mail address, user name, password or choice of Products (together referred to as “Restricted Information”).
However, Airthings shall be entitled to make use of Restricted Information in order to:
1) provide general support to the User, e.g. in case of defective Products or Services;
2) provide, develop and/or improve the Products and/or the Services; and
3) carry out analysis and research activities.
3.4 Further description of Airthings’ rights to collect, store and use Data and other information. No obligation to pay consideration to the User
Airthings’ rights to collect, store and use Data and other information as described in section 3.1 – 3.3. above is perpetual, irrevocable royalty-free, sublicensable and transferable.
Airthings shall not have any obligation to pay any fees, compensation or other form of consideration to the User or any other third party in connection with the said rights to collect, store and use Data and other information.
4. INTELLECTUAL PROPERTY RIGHTS RELATING TO THE SERVICES AND DATA
The User’s access to and use of the Services shall not imply any transfer or licensing of any intellectual property rights from Airthings to the User, or vice versa, unless otherwise is stipulated in these Terms and Conditions.
The User shall comply with any applicable intellectual property rights and/or restrictions related to the Data and/or the Services, including proprietary content or information which the User may access through the Services.
The User is not entitled to use, copy, reproduce, modify, publish, distribute, license, sell or otherwise exploit for any purpose any Data or other information related to the Services which is not owned by, or originating from, the User itself.
Airthings owns the Services and neither the User nor any third party may modify, transmit, transfer, sell, reproduce or create derivative works based on, or otherwise exploit, any of the Services in any other manner than described in these Terms and Conditions.
5. LIMITATION OF LIABILITY
5.1 General limitation of liability – no representations, warranties or liability for the functionality or use of the Services
Airthings does not make any representations or warranties in relation to the functionality or use of the Services – neither express, implied, statutory or otherwise – including but not limited to representations and warranties related to accuracy of Data, merchantability, fitness for a particular use and/or non-infringement of intellectual property tights.
Airthings shall not in any event have any liability towards the User or any third party related to the functionality or use of the Services, not even in case of incorrect Data or malfunctioning Services.
Airthings shall not, irrespective of its conduct, be liable for any lost profits or savings, loss of reputation or goodwill, claims of third parties or any indirect, incidental, punitive, special or consequential damages, whether based on these Terms and Conditions, other contract, applicable law or otherwise, or for any other indirect or consequential losses, expenses or damages incurred by the User or any third party related to the functionality or use of the Services.
Airthings shall in no event, irrespective of its conduct, be liable towards the User or any third party for any costs, direct losses or consequential damages relating to the Products, the User’s or third party’s other equipment, property or personnel, not even if such loss or damage is caused by or related to the use of incorrect Data, malfunctioning Services or defective Products.
5.2 No liability for Loss of Data etc.
Airthings shall in no event be liable towards the User or any third party for any costs, direct losses or consequential damages caused by or related to the deletion, destruction, damage or loss of any of the User’s or third party’s Data (“Loss of Data”), irrespective of whether the Loss of Data in question is attributable to Airthings’ conduct, defects, technical issues relating to the Cloud Services or any other of the Services, the Products or any other cause.
6. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and Conditions Services shall be governed by Norwegian law. Any dispute between Airthings and the Buyer or any other user of the Services shall be subject to the exclusive jurisdiction of the district court of Oslo (“Oslo tingrett”).
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