Aura Smart Air Terms of Service
Aura Smart Air
Ltd. ("Aura", "us", "our",
or "we"), a company incorporated in the State of Israel with
Company No. 515816114, is the creator and owner of a technological device that
enables users to manage the quality of the air in their homes and/or office
spaces remotely ("Device(s)") through a mobile app and/or
web-based platform ("App"). These Terms of Service
("Terms") govern your access to and use of the App and
services available thereon (collectively, "Services"). Our Privacy Notice https://aura-air-privacy-policy.web.app/ governs our collection, processing, and
transfer of any Personal Data (as such term is defined in the Privacy Notice). "You"
means any adult user of the Services, including any
user on behalf of a Company (as defined below), or any parent or guardian of
any minor whom you allow to use the Services, and for whom you will be held
strictly responsible.
Please read
these Terms carefully. By clicking on the button
marked "I agree" you signify your assent to these Terms. Changes may
be made to these Terms from time to time. If you do not agree to any of these
Terms, please do not click the button marked "I agree" and do not
purchase Devices and/or use the App and/or Services.
If
you are registering on behalf of any entity or company ("Company"),
you represent that you are authorized to enter into
and bind the Company to these Terms and register for the Services. You are
solely responsible for ensuring that these Terms are in
compliance with all laws, rules, and regulations applicable to you and
the Company and the right to access the Services is revoked where these Terms
or use of the Services is prohibited.
In
the event of a conflict between these Terms and a services agreement that has
been entered between us and a Company on whose behalf you are using the
Services, prior to entering into these Terms ("Services
Agreement"), the provisions of such Services Agreement shall prevail
to the extent of such inconsistency.
1.
Use of Services.
1.1.
Aura allows you
to access and use the App and Services subject to these Terms and the Services Agreement, if applicable. Other
than with respect to any outstanding orders, Aura may, at its sole discretion and
at any time, modify or discontinue providing the Services or any part thereof
without notice and shall not be liable to you or any third party for any
modification or discontinuance of the Services.
1.2.
You
may use the Device(s), the App and the Services provided through the Device(s),
for your own use or for use by your Company only. You shall not use the
Device(s) or Services to provide any services to any third party and you shall
not make any commercial use of the Device(s), App or Services. Companies using
the App shall be provided with a web-based version of the App, while
individuals using the App shall be provided with a mobile version.
1.3.
Use of and access to the Services is void where
prohibited by law. You represent and warrant that (a) any and all registration
information you submit is truthful and accurate; (b) you will maintain the
accuracy of such information; (c) you either are 18 years of age or older or
else have your parent's or guardian's permission to enter these Terms, and have
the legal ability to form a binding contract; (d) your use of the Services does not
violate any applicable law or regulation or any obligation you may have to a
third party; and (e) your use of the Services
shall be in compliance with all applicable
laws, regulations, guidelines, and these Terms. To the extent you provide any
Personal Data of other Users (as defined below) in order to
register them to your account, you further represent that you have and shall
maintain throughout the term of these Terms all necessary rights and/or
consents required under applicable law in order to provide such Personal Data
to Aura and allow it to provide the Services as contemplated hereunder.
1.4.
You
agree to notify Aura immediately of any unauthorized use of your account or
password. You are fully and solely responsible for the security of your
computer system and/or mobile device and all activity on your account, even if
such activities were not committed by you. Aura will not be liable for any losses
or damage arising from unauthorized use of your account or password, and you
agree to indemnify and hold Aura harmless for any improper or illegal use of
your account, unless you have notified us via e-mail to Support@auraair.io that your account has
been compromised, and have requested that we block access to it, which we will
do as soon as reasonably practicable.
1.5.
We
do not police for and cannot guarantee that we will learn of or
prevent any inappropriate use of the Services.
2.
Account
Registration and Administrator.
2.1.
In order to use the Services, you will need to register and create an Aura
account. You may be registered to an Aura account either as an
"Administrator" or as a "User". The
classification under which you are registered will impact the Services
available to you. Subject to these Terms and our Privacy Notice, your account
will allow you to use the Services, order additional Devices and filters, and
purchase additional features.
2.2.
To
create an account, users, whether as an Administrator or User, must provide
information as may be requested by Aura, such as, but not limited to, the email
address, phone numbers, and delivery address, including zip code.
2.3.
Initial
registration of an account and setup of Device(s) must be completed by an
Administrator. Administrators shall have access to the full functionality of
the App and Services. Following initial setup of an account, the Administrator
may add Users who will be permitted to view activity within the account and
will receive relevant push notifications related to the account. In order to register Users to the account, the Administrator
must provide the email address or phone number of each additional User. Users
whose information has been provided by the Administrator shall receive an email
and/or text message inviting them to register and/or to download the App
independently. Additionally, the Administrator can choose to add certain
individuals who will receive text message notifications in the case of
emergencies related to the account ("Emergency Contacts") by
providing their phone numbers. Individuals who have been added as Emergency
Contacts will be sent a text message requesting that they confirm whether they
agree to receive notifications in the case of an emergency.
2.4.
You
may also register to use the Services by logging in through your Facebook,
Gmail or other third-party login account as may be permitted by Aura from time
to time. We may change the method of registration at our discretion. By
registering through Facebook, Gmail or any other
third-party login account you represent and warrant that such third-party login
account is yours and you have full rights to provide us with the information in
this account. Aura reserves the right to refuse to allow a user to open an
account for any reason, all at its sole discretion.
3.
Setup,
Assistant, Alerts, and External Data.
3.1.
Once you have
created an account as an Administrator in accordance with the terms set forth
above, you may register a Device to your account and pair it with other Devices
in your household or workplace, as applicable. Within your Administrator
account you will be able to manage the quality of the air in your household or
workspace, as applicable, remotely on a room-by-room or department
by-department basis, and review the daily or weekly
history of air quality, and, where applicable,
respond to alerts.
3.2.
If you are
using the Services on an individual basis, you will be able to configure your
Device(s) through the App using Heidy, the personal air quality assistant.
Devices can be tailored based on health or lifestyle information you provide,
such as information about specific allergens, your age, or your level of
activity. For example, Devices may be configured to detect certain issues, such
as specific allergens that may be present in the air. If you do provide any
information related to allergies or any other information related to health,
you consent to, or represent that you have obtained the consent of the relevant
individual, as required under applicable law, for the processing of any such
information.
3.3.
Air
quality data and recommendations may also be provided based on your location.
You can add your exact location by enabling your GPS or manually input your
address. The Services may provide data from external sources regarding the air
quality in your area ("External Data") and use this External
Data to tailor recommendations and Device activity. External Data will only be
provided during an active Filter Term. Therefore, if filters have not been
replaced following a Filter Term, External Data will no longer be provided.
3.4.
You may be able
to pair the Device(s) with other
"smart" appliances in your household or
workplace in order to manage air quality and other
climate related issues. If you do connect the
Device(s) to any other "smart" appliances, use of such
"smart" appliances shall (continue to) be subject to such
"smart" appliances' terms of use and privacy policy, if and as
applicable.
3.5.
As
part of the Services, users may, from time to time, receive recommendations,
tips, or alerts within their accounts or via push notifications including,
inter alia, the need to change a Device's filter, clean a filter, and/or
certain irregularities to the quality of the air in their households or
workplaces. Some of these alerts may be disabled by users. However, certain
alerts, including but not limited to, a fire, can only be disabled manually at
the relevant Device's location or may be disabled remotely by an Administrator.
3.6.
Upon
receipt of certain alerts regarding threats, such as a fire, the Administrator
may be presented with a shortcut containing the number of the relevant
emergency services.
4.
Termination
of Account.
4.1.
You agree that
Aura may for any reason, at its sole discretion and without notice, suspend or
terminate your account, and may take any other corrective action it deems appropriate.
Grounds for such termination or suspension may include (i)
termination, suspension or expiration of the Services Agreement between us and
the Company for any reason; (ii) violation of the letter or spirit of these
Terms, (iii) fraudulent, harassing or abusive behavior, (iv) behavior that is
illegal or harmful to other users, third parties, or the business interests of
Aura, or (v) failure to make payment in accordance with the terms specified
herein, including chargebacks. If your account is terminated, you may not
rejoin Aura again without express permission. Upon
termination of your account, you shall not have any further access to any of
the Services or Content (as defined below) that may be available through your
account.
4.2.
We
reserve the right to investigate suspected violations of these Terms or illegal
and inappropriate behavior involved in the use of the Services. We will fully
cooperate with any law enforcement authorities, or court order requesting or
directing us to disclose the identity and behavior of anyone believed to have
violated these Terms or to have engaged in illegal behavior in connection with
the Services. You may request termination of your Aura account at any time and
for any reason by sending an email to Support@auraair.io. Following such request, Aura shall close your account as
soon as reasonably practicable. Any suspension, cancellation or termination of
your account shall not affect your obligations under these Terms (including but
not limited to ownership, indemnification, any representations
and warranties made by you, limitation of liability, and payment obligations),
which by their sense and context are intended to survive such suspension,
cancellation or termination.
5.
Content.
5.1.
Certain
types of content may be made available through the Services.
"Content" as used in these Terms means, collectively, all content on
or made available through the Services, including any updates, reports,
recommendations, External Data, and any modifications or derivatives of the
foregoing.
5.2.
Content
comes from a variety of sources. You understand that Aura is not responsible
for the accuracy, usefulness, safety, appropriateness of, or infringement of
any intellectual property rights of or relating to this Content. You hereby
waive any legal or equitable rights or remedies you have or may have against us
with respect thereto.
5.3.
AURA
DOES NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE
EXPRESSED IN ANY CONTENT AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN
CONNECTION WITH THE CONTENT. AURA DISCLAIMS ALL LIABILITY, REGARDLESS OF THE
FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF ANY AND ALL USERS (INCLUDING
UNAUTHORIZED USERS) THAT ARE NOT SOLELY DUE TO AURA'S GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE
SERVICE OR OTHERWISE.
6.
Use
Restrictions. You may not and may not allow any third party to do or attempt to
do any of the following: (1) decipher, decompile, disassemble, or reverse
engineer any of the software and/or code, if and as applicable, used to provide
the Services without our prior written authorization, including framing or
mirroring any part of the Services; (2) circumvent, disable, or otherwise
interfere with security-related features of the Services or features that
prevent or restrict use or copying of any content available on the Services;
(3) use the Services in connection with any commercial endeavors in any manner,
except for the purposes specifically set forth in these Terms; (4) use any
robot, spider, site search or retrieval application, or any other manual or
automatic device or process to retrieve, index, data-mine, or in any way
reproduce or circumvent the navigational structure or presentation of the
Services; (5) use or access another user’s account or password without
permission; or (6) use the Services or content provided in any manner not
permitted by these Terms.
7.
Intellectual
Property. Aura, and its licensors, as the case may be, own
the Services and all content available on the Services, including all worldwide
intellectual property rights in the Services, and the trademarks, service
marks, and logos contained therein registered and unregistered. Except as
expressly permitted herein, you may not copy, further develop, reproduce,
republish, modify, alter download, post, broadcast, transmit or otherwise use
the Services. You will not remove, alter or conceal
any copyright, trademark, service mark or other proprietary rights notices
incorporated in the Services, if any. All trademarks are trademarks or
registered trademarks of their respective owners. Nothing in
these Terms grants you any right to use any trademark, service mark,
logo, or trade name of Aura or any third party.
8.
Disclaimers
and Disclaimer of Warranty.
8.1.
All
information and Content provided through the App or Services is for
informational purposes only and Aura provides no guarantees with respect
thereto. Recommendations provided through the App do not constitute health, medical or other professional
advice and are not intended to treat or manage any health conditions. You are solely responsible for
any decisions you make based on information provided through the App. Do not
disregard, avoid or delay obtaining medical advice from a qualified
professional because of information provided through the App. Your use of the Services and any Device is at your sole
discretion and risk. The Services, Device/s and content provided thereon, are
provided on an AS IS and AS AVAILABLE basis without warranties of any kind. We
do not represent that the Services will be of good quality or useful to your
needs.
8.2.
WE
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY,
RELATING TO THE SERVICES, CONTENT THEREOF AND DEVICE/S, INCLUDING WITHOUT
LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF
PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY
WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY,
RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES AND/OR THE DEVICE/S; OR
(II) THAT THE SERVICES AND/OR THE DEVICE/S WILL BE ERROR-FREE OR THAT ANY
ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY,
QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY
THE SERVICES.
8.3.
We
take no responsibility for the quality of the Device(s), except as set forth in
the Product Warranty. Subject to applicable law, we take no responsibility for
use of the Device(s) by you or any other third party not in compliance with these
Terms and/or with any documentation or instruction provided by Aura. No advice or information, whether oral or written, obtained
by you from us, shall create any warranty not expressly stated in these Terms.
If you choose to rely on such information, including alerts or External Data,
you do so solely at your own risk. Some states or jurisdictions do not allow
the exclusion of certain warranties. Accordingly, some of the above exclusions
may not apply to you. Check your local laws for any restrictions or limitations
regarding the exclusion of implied warranties.
9.
Limitation
of Liability.
9.1.
In
addition to the foregoing, to the fullest extent permitted by law, we assume no
responsibility for any error, omission, interruption, deletion, defect, delay
in operation or transmission, communications line failure, theft or destruction
or unauthorized access to, or alteration of, any Services or Device/s. We are
not responsible for any problems or technical malfunction of any telephone
network or lines, computer online systems or equipment, servers or providers,
software, damage to users or to any person's mobile device related to or
resulting from the provision of the Services. To the fullest extent permitted
by law, we shall not be responsible for any loss or damage, including personal
injury or death, resulting from use of the Services, Device/s or from the
conduct of any users of the Services and/or Device/s. In addition, we assume no
responsibility for any incorrect data, including Personal Data provided by you
or on your behalf and you hereby represent and warrant that you are solely
responsible for any and all data provided to Aura,
including any incorrect data and you shall assume any and all liability for any
consequences of provision of such incorrect data to us.
9.2.
IN
NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNEES, OR AGENTS
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING
WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES AND/OR
DEVICE/S, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE
DEVICES PROVIDED AS PART OF THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE
AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED
BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR CUMULATIVE
LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE MONTHS
IMMEDIATELY PRECEDING THE DATE ON WHICH APPLICABLE CLAIM OR CAUSE OF ACTION
ARISE. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT EXTEND TO ANY GROSS
NEGLIGENCE OR WILFUL MISCONDUCT OF AURA.
10. Indemnification. You agree to indemnify, defend, and hold harmless Aura
and its employees, directors, officers, subcontractors and agents, against any
and all claims, damages, or costs, losses, liabilities or expenses (including
court costs and attorneys’ fees) that arise directly or indirectly from: (a)
breach of these Terms by you or anyone using your computer and/or
mobile device, password or third-party login information (whether authorized or
unauthorized); (b) any claim, loss or damage experienced from your use, misuse
or attempted use or misuse of the Device/s or Services; (c) your violation of
any applicable law or regulation or any of your obligations, representations,
or warranties hereunder including but not limited to breach of any privacy
and/or data protection laws and regulations to which you are subject; (d) your
infringement of any right of any third party; and (e) any other matter for
which you are responsible hereunder or under applicable law.
11. Miscellaneous. These Terms shall be governed solely by the
laws of the State of Israel, and without regard to the United Nations
Convention on the International Sales of Goods and the competent courts in the
State of Israel shall have exclusive jurisdiction to hear any disputes arising
hereunder. In the event that any provision of
these Terms is held to be unenforceable, such provision shall be
replaced with an enforceable provision which most closely achieves the effect
of the original provision, and the remaining terms of these Terms shall
remain in full force and effect. Nothing in these Terms creates any agency,
employment, joint venture, or partnership relationship between you and Aura or
enables you to act on behalf of Aura. Except as may be expressly stated in
these Terms, these Terms constitute the entire agreement between
us and you pertaining to the subject matter hereof, and any
and all other agreements existing between us relating thereto are hereby
canceled. We may assign and/or transfer our rights and obligations hereunder to
any third party without prior notice. You shall not assign and/or transfer any
of your rights or obligations hereunder, and any assignment in violation of the
foregoing shall be void. No waiver of any breach or default hereunder shall be
deemed to be a waiver of any preceding or subsequent breach or default. If we
are required to provide notice to you hereunder, we may provide such notice to
the contact details you provided upon registration.
Last updated: August 2021