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Terms of Use

Welcome to the Terms of Use used by AurAir B.V. (“AurAir”), and applicable to all AurAir products and services. In addition to these Terms of Use, one or more articles from AurAir General Terms and Conditions, License Terms and Conditions (“EULA”), Privacy Statement, and/or Warranty Provision may also apply to you. Please read all relevant documents before using any AurAir product or service.

1.    Applicability

1.1 AurAir offers the following Services for use in conjunction with AurAir’s Products (“Products“), and otherwise in which AurAir offers the Services:

(i) an AurAir user account website, accessible at www.aurair.eu (Website);

(ii) applications to access services that you can download on your smartphone or tablet (App);

collectively referred to as “Services.”

1.2 In addition, these Terms of Use also apply to AurAir’s Products, such as the “AurAir B1” Product, (“AurAir B1”).

1.3 By accessing or using the Services, you are directly entering into an agreement with AurAir to which these Terms of Use, including additions thereto (Terms of Use) apply. AurAir reminds you that these Terms of Use may be changed in the future. Changes or additions to these Terms of Use will apply once you have accepted them and will be available and easily accessible through the AurAir website (www.aurair.nl).

1.4 To the extent excluded by law, disclaimers, exclusions and limitations of liability of these Terms of Use do not apply.

2.    Duration and termination

2.1 The Terms of Use apply during your use of the Services and Products.

2.2 If AurAir has any reason to believe that you have not acted in accordance with these Terms of Use, AurAir has the right to immediately suspend or terminate the Agreement. AurAir also has the right to terminate the Agreement and revoke your right of access when AurAir discontinues the Services pursuant to Section 9.1.

2.3 You may terminate the Agreement with immediate effect by notifying AurAir in writing. After such discontinuance, you will no longer be entitled to access the Services.

3.    Account

3.1 An AurAir B1 registers itself for an AurAir user account (“Account”) in order to use the Services if you set up a Wi-Fi connection in the Product. This registration requires you to provide certain information about yourself. You are responsible for maintaining the confidentiality of your AurAir login information. You are also responsible for all activity that occurs under your Account, whether or not you have given permission for it. This means that any activity in your Account by anyone other than you will be attributed to you. If you discover or suspect unauthorized access to your Account, you will notify AurAir.

For more information, please also read the Privacy Statement and EULA, which are available through the AurAir website (ww.w.aurair.eu).

4.    Access

4.1 AurAir grants you a non-exclusive right (without the right to sublicense) to:

(a) access and use the Services to operate and monitor the AurAir B1 located in your home or workplace, or otherwise access any AurAir Service for your use; and

(b) installing and using the App on your own mobile device (e.g., iPhone, iPad, or Android smartphone) for the purposes set forth in (a).

5.    Software

5.1 AurAir offers applications with access to Services to be used in conjunction with AurAir product AurAir B1 for download on AurAir or your mobile device (“Product Software“). Your use of this Product Software is governed by the EULA that AurAir and you agree to when you install the Product Software.

5.2 Certain parts of the Product Software are subject to “open source” or “free software” licenses (Open Source Software) and therefore may be owned by third parties. The Open Source Software is not subject to the EULA or these Terms of Use.

5.3 AurAir may develop upgrades or other modifications to the Product Software to improve the performance of its products, specifically AurAir B1 and its associated Services (Software Updates). The updated Product Software is also subject to the EULA and these Terms of Use.

6.    Third Party Products and Services

6.1 AurAir allows third party products and services to interoperate with its AurAir B1 product. It is up to you to decide which products and services you want to interact with AurAir. Any interaction with a third-party product or service requires your explicit consent. You may withdraw this consent at any time by uninstalling the relevant AurAir apps from your product.

6.2 Third party services and products (including those offered through AurAir) are not AurAir’s and are not controlled by AurAir. Accordingly, these Terms of Use do not apply to the use of third party products and services. AurAir is not a part of, nor does it monitor, any transaction between you and these parties.

6.3 The availability of the App is subject to the third party website offering it (“App Store“). These Terms of Use apply only between you and AurAir and do not govern your relationship with the App Store. Each App Store may have its own terms and conditions that you must agree to before downloading the App. Your license to use the App is conditioned on your agreement to the terms and conditions of such App Store.

7.    Content

7.1 Certain materials (such as, but not limited to, text, articles, videos, images, photographs and illustrations) (“Content“) may be displayed or played in the Services. Content also covers information that you make available to AurAir during the use of the Services, at any time and for any reason (including, but not limited to, the time of any third party allegations or claims relating to such Content).

7.2 The responsibility for all information publicly published or transmitted by the Services remains with the person where such Content originated, and not with AurAir. AurAir shall not be liable for any errors or omissions in such Content. Your use of any Content accessed through the Services is at your own risk. AurAir will not be held liable for any loss or damage arising from Content accessed or obtained through the Services.

7.3 You will refrain from unauthorized or negligent use of the Services and Products. For example, you will not:

(i) use the Services and Products in a manner that is not in line with the law, public order or public morals;

(ii) use the Services and Products for commercial activities such as advertising or selling products and services or spam without AurAir’s written permission;

(iii) use the Services and Products in a manner that interferes with the proper functioning of the Services and Products, such as outdoors or in humid environments;

(iv) use the Services and Products in a manner that is harmful, fraudulent, misleading, threatening, defamatory, harassing, abusive, disfiguring, vulgar, obscene or otherwise objectionable based on generally accepted standards;

(v) distribute a computer virus or other harmful software, or otherwise interfere with AurAir’s peripherals or systems or those of other users of the Service;

(vi) perform any action for the purpose of impersonating another person or entity;

(vii) gain or attempt to gain access to a Service through any means and means other than that made available by AurAir;

(viii) license, sell, rent, lease, transfer, assign, distribute or otherwise commercially exploit the Services and Products;

(ix) violate the privacy of other users of the Services and Products;

(x) decompile, disassemble, reverse compile, reverse engineer, modify or create derivatives of any part of the Services, including its source code and underlying ideas; and

(xi) remove, obscure, or modify any proprietary rights statements (including copyright and trademark statements) that the Services and Products contain or display.

8.    Access in unsupported countries

8.1 AurAir Products (such as AurAir B1), and Services are not supported in all countries. If you choose to access or use the Services or Products outside of the Netherlands (the “Supported Country“), you do so at your own risk and responsibility. AurAir cannot guarantee that its Products and Services will comply with local laws in an unsupported Country.

9.    Modifications, system requirements and availability of the Services

9.1 AurAir reserves the right to modify, suspend or discontinue the Services or any portion thereof.

9.2 By interacting with third parties, the use and reliability of AurAir may be affected by the operation of third party products and services over which AurAir has no control. AurAir will not be liable for any damage or loss resulting from the operation of these third party products and services.

9.3 Use of the Services requires that you have an Account and a working Wi-Fi connection. Other system elements may be specified by AurAir as necessary. Some functionality requires a phone or tablet that supports our App.

9.4 You are responsible for having all necessary hardware and software in your possession, that they are compatible with the Services, and for their proper configuration. The Services and Products may not work properly if these requirements are not ensured. You are solely responsible for any costs that this connection to the Services may incur.

10.     Intended Use

10.1 The Products and Services are not part of an emergency alert system or medication intake system and therefore are not intended to be used for these purposes. AurAir as a product and the Services are not intended to affect or increase the level of safety. Do not depend on AurAir or the Services for life-saving or time-critical purposes.

11.     Assignment

11.1 None of the rights or obligations affiliated with these Terms of Use, the Products or Services may be assigned or otherwise transferred to a third party without AurAir’s prior written consent. If you attempt to assign any rights or obligations without such consent, the assignment will not apply.

11.2 AurAir is authorized to assign, without restriction, any of its rights or obligations under these Terms of Use.

12.     Information

12.1 All information and recommendations provided to you on or through the Services (“Information“) is for general purposes only and does not constitute targeted advice. AurAir makes all reasonable efforts to ensure that Information provided through its Services and the content thereof is correct and up-to-date, but does not warrant that the Services and/or the Information are without defects, malware or viruses, nor that the Services and/or Information are correct, up-to-date and accurate.

13.     Ownership and Intellectual Property

13.1 Unless otherwise stated, all rights to the Products, Services and Information, including copyrights and other intellectual property, are owned by AurAir.

13.2 Users are permitted to read and copy the Website and App, and the information contained therein, for their own, personal, use, for example by printing or storing it. All other use of the Website and App or the Information herein, for example the storage and reproduction of (parts of) the Website or App on any external internet site is expressly prohibited without the written consent of AurAir.

13.3 In the event that you post unsolicited materials (including Content) on the Website or App, or send them to AurAir by email or otherwise, you warrant that you possess all necessary rights to do so. AurAir shall be entitled to use, copy and/or commercially exploit such materials to the fullest extent and without compensation. AurAir is not hereby bound by any confidentiality obligation with respect to these materials.

14.     Indemnification

14.1 You shall indemnify, defend and hold AurAir and its licensors harmless from any third party claim relating to damages and costs (including attorneys’ fees) arising from your use of the Services or Products, your or your failure to comply with these terms or your failure to comply with the laws or the rights of any third party. This constitutes an irrevocable third-party beneficiary clause for AurAir licensors and suppliers.

15.     Disclaimer of Warranty and Limitation of Liability

15.1 The Products and Services are provided “as is” and “as available”. AurAir does not hereby warrant that the Products and Services will (i) always be available, without interruption, (ii) be completely free of errors, defects or viruses (iii) always be complete, up-to-date or accurate, (iv) meet your requirements (v) be compatible with your devices and network.

15.2 AurAir makes no warranty about any Information, data or materials in or accessed through the Services.

15.3 AurAir is only at fault if it breaks the material obligations of these Terms of Use. If you believe AurAir is liable for any damages, you shall notify AurAir immediately.

15.4 AurAir will never be liable for any damages:

(a) Coming from unauthorized use of your Account.

(b) Coming from the use of AurAir Product or the Services in an Unsupported Country.

(c) Related to any product or service advertised or offered by a third party or any link to external Internet websites.

(d) resulting from the use of or inability to use electronic means of communicating with the Services when not the result of negligence by AurAir, including, without limitation, damages resulting from failure or delay of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

(e) resulting from the use of a pacemaker or other medical device that may be affected by radio signals in AurAir’s immediate vicinity.

15.5 The above limitations do not exclude AurAir mandatory statutory liabilities.

16.     Costs

16.1 Unless otherwise specified by AurAir, the Services are provided free of charge. You are responsible for the cost of required purchases/loans/leases and maintenance of the devices (including AurAir) and connections necessary for the proper functioning of the Services.

17.     Applicable law and jurisdiction

17.1 This EULA is governed exclusively by Dutch law.

17.2 Any dispute arising in connection with the EULA, including its validity, will be resolved in accordance with AurAir Terms and Conditions.

17.3 In any situation, you shall inform AurAir within one (1) year after the occurrence of the event or facts that give you reason for a dispute. Otherwise, you waive your right to pursue any claim based on this event, fact or dispute.

18.     Privacy and Cookie Statement

18.1 AurAir collects and processes personal data of visitors to the Website in line with the Privacy and Cookie Statement, which is available through the AurAir website (https://www.aurair.eu/privacy-policy/).

18.2 The Services may contain links to external internet sites. Our Cookie and Privacy Statement available through the AurAir website (https://www.aurair.eu/privacy-policy/) does not apply to the collection and processing of your data on or by such external sites.

19.     Severability

19.1 If any part of these Terms of Use is or becomes invalid, the parties will still be bound by the remaining parts. The parties will replace the invalid parts with provisions that are valid and an effect that is legally as close as possible to the invalid parts, observing the content and purpose of these Terms of Use.

20.     Survival

20.1 The obligations in Sections 3, 5, 6, 7, 11, 12, 13, 14, 15, 17, 18, 19, 20 and 21 shall survive any expiration or termination of these Terms of Use.

21.     Contact details

21.1 You can contact AurAir using the following contact information:

AurAir B.V.

Jonkerbosplein 52

6534 AB Nijmegen

www.aurair.eu