Aircare Srl manufactures, markets, and sells an electronic indoor air quality measurement device called Aircare (the "Product"), which is made in three versions (Aircare, Aircare Pro, Aircare Pro+), in addition to providing B2B technology solutions. Aircare also provides services related to the sale of the Product, including, by way of example:
(1) a website at www.aircare.it (the "Site");
(2) software that can be downloaded to your smartphone ("Mobile App") and that may be updated or modified from time to time;
(3) various types of content with analyses, suggestions, or information relating to the use of other Aircare services ("Content"), which may be delivered via email or through the mobile app;
(4) an Aircare user account ("Account") that can be accessed through the mobile apps. The term "Services" refers collectively to the Site, the Mobile App, the user account, and other services offered by Aircare in connection therewith.
By accessing or using any of the Services:
(1) the user agrees to be bound by these Terms and Conditions of service ("Terms"), which may also include any additional conditions subsequently added or expressly referenced, on their own behalf or on behalf of the entity they represent;
(2) the user represents and warrants that they have the right and capacity to accept these Terms on their own behalf or on behalf of the entity they represent;
(3) the user declares that they are of sufficient legal age under the rules of their country of residence to use or access the Services and enter into this agreement, and in any case declares that they are at least eighteen years of age.
These Terms govern the use of the Services. Certain features of the Services may be subject to additional guidelines, terms, or rules that will be published in connection with such features. All additional guidelines, terms, or rules are incorporated by reference into these Terms, and the user agrees to accept and comply with them by using the Services, including:
I. Aircare's Privacy Policy ("Privacy Policy"), which describes Aircare's policies regarding the collection, use, and disclosure of the user's personal information;
II. The purchase of any Product is governed by the warranty provided with the Product and may also be governed by the Terms of Sale;
III. Any additional purchase terms that Aircare includes with the Product;
IV. Any rules, terms, or guidelines associated with participation in sweepstakes, referral programs, or other promotions;
V. Any additional terms or conditions that Aircare may provide from time to time.
These Terms will remain in effect for as long as you continue to access or use the Services, or until they are terminated in accordance with the provisions of these Terms. At any time, Aircare may suspend or terminate access or usage rights to the Services if it believes the user has used them in violation of these Terms.
To use certain services, you must request an account by emailing support@aircare.it and provide certain personal information. To this end, the user represents and warrants that:
(a) all information provided during registration is true and complete;
(b) the use of the Services does not violate any applicable law or regulation. The user is solely responsible for maintaining the confidentiality of their account login information and for all activities that occur under their account.
The user agrees to use "strong" passwords (passwords that use a combination of upper- and lower-case letters, numbers, and symbols) with their Account and to keep their password secure to prevent others from gaining unauthorized access.
The user agrees to immediately notify Aircare of any unauthorized or suspected use of their account, or any other security breach, by contacting support@aircare.it.
Aircare is not responsible for any loss or damage arising from failure to comply with the above requirements.
Under these Terms, Aircare grants the user a limited, non-transferable, non-exclusive, revocable license (without the right to sublicense) to access and use the Services provided by Aircare.
Aircare may occasionally develop patches, bug fixes, updates, and other changes to improve or modify the performance of the Services and/or the Product Software ("Updates").
The user consents that such changes and/or updates may be installed automatically without further notice or additional consent. If the user does not want such changes and/or updates, they must stop using the application and delete the software from their device. If the previously created account is not closed, updates will be received automatically.
The user acknowledges that they may be required to install updates in order to use the Services and the Product, and agrees to promptly install updates provided by Aircare.
Continued use of the Services and the Product constitutes acceptance of these Terms in relation to the Services.
The rights granted to the user under these Terms and Conditions are subject to the following limitations:
(I) the user agrees not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services;
(II) the user agrees not to modify, create derivative works from, disassemble, or decompile any part of the Services;
(III) the user agrees not to access the Services in order to create a similar or competing service;
(IV) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means;
(V) the user agrees not to upload, transmit, or distribute viruses or software intended to damage or alter a computer or communications network, computer, mobile device, data, the Services, the Product, the Product Software, or any other system, device, or property;
(VI) the user agrees not to interfere with, disrupt, or attempt to gain unauthorized access to servers or networks connected to the Services, or violate the regulations, policies, or procedures of such networks;
(VII) the user agrees not to access (or attempt to access) any of the Services by any means other than the interface provided by Aircare;
(VIII) the user agrees not to remove, obscure, or alter any proprietary notices (including copyright and trademark notices) that may be contained in or displayed in connection with the Services. Any future version, update, or other addition to the functionality of the Services will be subject to these Terms.
The user declares that they have read Aircare's privacy policy. The Aircare's privacy policy describes the practices regarding information that Aircare may collect from users of the Product and the Services.
The user acknowledges that they provide their personal information at their own risk, and Aircare shall have no liability for unauthorized use of such information by unauthorized third parties.
Aircare reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof, with or without notice. The user agrees that Aircare will not be liable to the user or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
The user is aware of and expressly accepts that, if access occurs from countries other than Italy, some or all features of the Services may not be operational. Aircare therefore assumes no liability for any damages or losses caused by access to or use of the Services in a country other than Italy. The user is in any case bound by these Terms regardless of the location from which they access the Services.
The Services may be subject to sporadic interruptions and malfunctions for a variety of reasons beyond Aircare's control, including any Wi-Fi intermittency, service provider uptime, notifications, and mobile carriers. The user acknowledges these limitations and agrees that Aircare is in no way liable for any damages resulting from the unavailability or delay of the Services or notifications.
Aircare is not a certified measuring instrument and therefore cannot be used to establish compliance with legal parameters regarding the presence of environmental pollutants. It is not a substitute for professional measurements and technical assessments, but allows the user to be aware of a trend of pollutants present in indoor environments.
The user acknowledges that the Product and Services are not an alarm or emergency system; Aircare will not transfer information to the authorities responsible for handling emergency situations in the event of an emergency or abnormal values. Furthermore, contacts with Aircare's customer service cannot be considered a life-saving solution for people at risk at home and cannot replace emergency services.
All potentially life-threatening events and emergency situations must be resolved and addressed by the user through recourse to the authorities responsible for handling them.
The user acknowledges that the Services, including remote access and mobile notifications, are not intended to be 100% reliable and 100% available. Aircare does not guarantee that the user will receive notifications at any given time or at all.
The user agrees that they may not rely on the Services for any safety or health/life-critical purpose.
Notifications sent to mobile devices regarding the status and alarms generated by the Product are provided for informational purposes only. Information provided by Aircare on what to do in an emergency is based on authoritative safety sources, but Aircare cannot provide specific information related to a particular situation at home or elsewhere.
The user acknowledges that it is their own responsibility to manage emergency situations and determine responses based on the specific conditions in which they find themselves.
The Services may be temporarily suspended without notice for security reasons, system malfunctions, maintenance and repair, or other circumstances. The user expressly agrees that they will not be entitled to any refund and/or discount for such suspensions. Aircare does not offer any guarantee of specific availability for the Services.
Access to the Services is limited to those with the necessary system requirements, as published in connection with such Services. Some services will not be accessible without:
(1) a functioning Wi-Fi network (captive portal not supported) positioned so as to reliably communicate with the Product;
(2) an account;
(3) a smartphone;
(4) internet access;
(5) other system elements that may subsequently be specified by Aircare.
It is the user's responsibility to ensure that they have all required system elements and that they are compatible and properly configured.
The user acknowledges that the Services may not function as described when the requirements and compatibility have not been met. Furthermore, the user acknowledges that Aircare may enable/disable Wi-Fi on the customer's smartphone, with or without prior notice, in order to allow the initial setup of the Product.
Aircare does not guarantee or promise any specific level of air cleanliness or health benefits resulting from the use of the Product or Services or any of their features, including any indications provided by the Services.
Actual air quality may vary based on factors beyond Aircare's control or knowledge.
From time to time, Aircare may use the Services to provide the user with information useful for them and their air monitoring situation, and may suggest ways to improve or otherwise modify their habits.
Aircare does this in order to highlight options for consideration based on the analyses performed and the information that has been monitored and collected.
The user acknowledges that these suggestions are not considered medical advice, and the effectiveness and applicability of such suggestions may vary.
Aircare assumes no responsibility for actions taken by the user based on information provided by the Services, and makes no warranties or representations regarding the applicability of such information or guidelines to the user's specific needs.
Any health-related questions concerning the information and indications provided must be addressed to a physician.
The user acknowledges that all intellectual property rights, including — without limitation — copyrights, patents, trademarks, and trade secrets, in the Product and the Services (e.g., the Site, the Mobile App, etc.) are owned by Aircare or its affiliates or licensors. Possession, access, and use of the Product, the Product Software, and the Services do not transfer to the user or any third party any right, title, or interest in such intellectual property rights.
Only portions of the Services (including the Site on which these Terms are published) may be copied to your computer for personal use.
It is prohibited to use the content of the Services in any other public or commercial manner, or to copy or incorporate any of the content of the Services into any other work, including a website, without the written consent of Aircare.
A license from Aircare is required in order to publish or redistribute any part of the Services. Aircare retains all rights to all content of the Services, including all downloadable software and all accompanying data.
It is not permitted to copy, modify, or in any way reproduce or damage the structure or presentation of the Services or any content contained therein.
Aircare may invite the user to submit comments, suggestions, or ideas about the Products or Services, also aimed at improving the Product or Services ("Ideas").
By submitting any idea, the user agrees that their contributions are voluntary, free of charge, unsolicited, and without restrictions, and will not impose on Aircare any fiduciary or other obligation. Aircare may use, copy, modify, publish, or redistribute the submission and its content for any purpose and in any manner without owing any compensation and/or consideration to the user, who expressly waives any such claim.
The user further agrees that Aircare reserves the right to use similar or related ideas previously known to Aircare, developed by its employees, or obtained from other sources.
The Site may contain links to other websites operated by third parties and references to third-party providers.
Such third-party sites and the providers indicated are not under Aircare's control, and Aircare provides these links, where applicable, solely for the user's convenience, and does not review, approve, monitor, endorse, guarantee, or make any representation in relation to them.
Aircare is not liable for acts performed by third parties or for their products and services, including, by way of example, app stores, third-party products and services, third-party sites, referral providers, equipment, ISPs, and carriers.
Aircare, its licensors, and suppliers therefore disclaim any liability in relation to past, present, and future damages, whether known or unknown, arising from or related to the user's interactions with such third parties and their products and services.
The user agrees to indemnify and hold harmless Aircare, its licensors, and suppliers from any damage, liability, claim, or demand (including costs and legal fees) made by third parties arising from or related to:
(1) use of the Product or Services;
(2) violation of these Terms;
(3) any Contribution or Feedback provided by the user;
(4) violation of any law or the rights of third parties.
Aircare reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is required to indemnify Aircare, and the user agrees to cooperate with Aircare.
The user agrees not to settle any claim without Aircare's prior written consent.
Aircare Srl will make every reasonable effort to inform the user of such actions or proceedings once it becomes aware of them.
a. the Services (the Site, Mobile App, API, etc.) are provided solely for the user's convenience, and Aircare, its licensors, and suppliers expressly exclude any warranty in relation to such Services.
b. Aircare, its licensors, and suppliers therefore assume no warranty regarding any defects in the Services, nor any obligation to eliminate them, nor that such Services will meet the user's requirements.
c. Any activities by the user aimed at modifying the sensors or the casing may cause damage to the operation of the device or connected systems, for which the user assumes full responsibility.
To the maximum extent permitted by applicable law, in addition to the warranty disclaimers set forth above, in no event will Aircare be liable for any damage, whether of a patrimonial or non-patrimonial nature, arising from any cause whatsoever, resulting from the use of the Product and/or the use of the Services.
Some Services may be offered for a fee. The user agrees to pay all applicable fees in relation to the Services selected by the user, in accordance with any applicable terms of sale.
a. If a problem arises between the user and Aircare, the latter's goal is to understand and resolve the user's complaints. The user therefore undertakes to notify Aircare of any problem they have with Aircare in relation to these Terms or to Aircare's Product or Services, by contacting support@aircare.it. Aircare will have thirty days to propose a solution to the problem raised by the user.
b. Mandatory attempt at conciliation. If the user believes they are not satisfied with the solution proposed by Aircare to the complaint raised, any legal action must necessarily be preceded, as a condition of admissibility, by a mandatory attempt at conciliation, to be initiated by sending a registered letter with return receipt to Aircare Srl's registered office (Rome, Via Cantalupo in Sabina, 00191 - Italy), or by certified email (PEC) to support@aircare.it. The conciliation procedure must be concluded within a maximum period of 120 days from the date the registered letter or certified email is sent by the user; the condition of admissibility will in any case be deemed fulfilled once the aforementioned 120-day period from the sending of the registered letter or certified email by the user has elapsed. Another tool for dispute resolution is the Online Dispute Resolution (ODR) platform.
a. Amendments to these Terms. Aircare reserves the right to make changes to these Terms. Aircare will announce such changes by publishing them on this page. The user undertakes to always read and accept the most recent Terms when using the Services. Continued use of the Services following the publication of such changes will indicate the user's acknowledgment of such changes and acceptance of the amended Terms.
b. Protection of confidentiality and intellectual property rights. Notwithstanding the foregoing, Aircare reserves the broadest form of protection, before the competent court with jurisdiction, in order to protect its confidential information and intellectual property rights, or to prevent data loss or damage to its servers.
c. Entire agreement / severability. These Terms govern the user's use of the Services, and the user accepts them in their entirety. Any failure by Aircare to exercise or enforce any right or provision of these Terms does not constitute a waiver of the exercise thereof. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions will remain valid, and the invalid or unenforceable provision will be deemed modified so as to be valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.
d. Notices. Aircare may provide notices to the user as required by law or for marketing or other purposes via (at its discretion) email to the primary email address associated with the user's account, or mobile notifications. Aircare is not responsible for any automatic filtering that the user or their network provider may apply to email notifications. Aircare recommends that the user add @aircare.it email addresses to their email address book to help them receive email notifications from Aircare.
e. Copyright / trademark information. Copyright © 2024 Aircare by Aircare. All rights reserved. All trademarks, logos, and service marks ("Marks") displayed on the Services are the property of Aircare or their respective owners. None of the Marks may be used without the prior written consent of Aircare or their respective owners.
Aircare reserves the right to modify product and service offerings, specifications, and prices at any time without notice and is not responsible for typographical or graphical errors that may appear in this or related documents.
Via Cantalupo in Sabina, 30
00191 Rome, Italy
Bastioni di Porta Nuova, 21
20121 Milan, Italy