Terms and Conditions

I. Introduction.

Harpa Italia produces, markets and sells an electronic device for measuring internal air quality called Aircare (the “Product”), which is produced in three versions (Aircare, Aircare Pro, Aircare Pro +), as well as providing B2B technological solutions. Harpa Italia also provides services related to the sale of the Product, including: 

(1) a website – www.aircare.it (the “Site”); 

(2) a software that can be downloaded to your smartphone (“Mobile App”) and that can be updated or modified from time to time; (3) various types of content with analysis, suggestions or information related to the use of other Harpa Italia services (“Contents”), which can be delivered via e-mail or via the mobile app; 

(4) an Aircare user account (“Account”) that can be accessed through mobile apps. The term “Services” refers collectively to the Site, the mobile App, the user account and other services offered by Harpa Italia.

 

By accessing or using any of the Services, 

(1) you agree to be bound by these Terms and Conditions of Service (“Terms”), which may also include any additional conditions subsequently entered or expressly referred to, on your own behalf or of the subject represented; 

(2) you guarantee and declare that you have the right and the ability to accept these Terms on your own behalf or on the subject you represent; 

(3) the user declares to have a sufficient legal age according to the rules of his own state to use or access the Services and accept  this agreement and declares to be of an age not less than eighteen.

 

These Terms govern the use of the Services. Some features of the Services may be subject to additional guidelines, terms or rules that will be published in connection with these features. All additional guidelines, terms or rules are incorporated by reference into these Terms and you agree to accept and respect them using these Services, including:

I. Harpa Italia privacy policy (“Privacy Policy”), which describes Harpa Italia’s policies in relation to the collection, use, and disclosure of personal information by the user;

II. The purchase of any Product is covered by the warranty provided with the Product and may also be governed by the Terms of Sale;

III. Any additional purchase term that Harpa Italia includes with the Product;

IV. Possible rules, terms or guidelines associated with participation in prize competitions, reference programs or other promotions;

V. Any additional terms or conditions that Harpa Italia may provide from time to time.

These Terms will remain in effect until you continue to access or use the Services or until they are terminated in accordance with the provisions of these Terms. At any time, Harpa Italia may suspend or terminate the rights to access or use the Services if it considers that the user has used them in violation of these Terms.

II. User profiles

a. User account.

In order to use certain services, you must register with an account and provide some personal information. Accordingly, the user declares and guarantees that:

(a) all information provided at the time of the registration are true and complete;

(b) the use of the Services does not violate any applicable law or regulation. The user is entirely responsible for maintaining the confidentiality of the information of his account and of all the activities that occur under his account. You agree to use strong passwords for your account (passwords that use a combination of uppercase and lowercase letters, numbers and symbols) and to keep your password securely to prevent others from gaining access without your authorization. The user agrees to immediately notify Harpa Italia of any unauthorized use of his account or any other breach of security, through our mail support at support@aircare.it. Harpa Italia is not responsible for any loss or damage resulting from failure to comply with the above requirements.

III. Services access

a. Access e use.

Under these Terms, Harpa Italia grants you a limited, non-transferable, non-exclusive, revocable license (without the right to sublicense), to access and use the Services provided by Harpa Italia.

b. Automatic software updates. Harpa Italy may occasionally develop patches, bug fixes, updates and other changes to improve or change the performance of the Product Services and/or Software (“Updates”). The user agrees that such changes and/or updates may be installed automatically without providing further notice or receiving any further consent. If the user does not want these changes and/or updates, he/she will have to stop using the application and delete the software from the device. If you do not close the account created previously, you will automatically receive updates. You acknowledge that you may be required to install updates to use the Services and the Product and agree to promptly install updates provided by Harpa Italia. Your continued use of the Services and Product constitutes acceptance of these Terms in relation to the Services.

c. Some limitations.

The rights granted to you based on these Terms and Conditions are subject to the following limitations: (I) you agree not to license, sell, rent, transfer, assign, distribute, host or commercially exploit the Services;

(II) the user undertakes not to modify, perform any disassembly work or decode any part of the Services;

(III) you agree not to access the Services in order to create a similar or competitive service;

(IV) except as expressly stated in this document, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, sent or transmitted in any form or by any means;

(V) you agree not to upload, transmit or distribute viruses or software intended to damage or alter a computer or communication network, computer, mobile device, data, Services, Product, Product Software or any other system, device or property;

(VI) you agree not to interfere, interrupt or attempt to gain unauthorized access to servers or networks connected to the Services or to violate the regulations, policies or procedures of such networks; (vii) the user agrees not to access (or attempt to access) any of the Services provided by Harpa Italia by means of other software interfaces;

(VIII) You agree not to remove, obscure or alter any notice of proprietary rights (including copyright and trademark notices) that may be contained 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.

d. Privacy policy.

The user declares to have read Harpa Italia’s privacy policy. The privacy policy describes the information practices that Harpa Italia may collect from users of the Product and Services. PRIVACY POLICY 

e. Security.

The user acknowledges to provide his personal information at his own risk, without there being any responsibility of Harpa Italia for the unauthorized use of such information by unauthorized third-parties.

f. Modification.

Harpa Italia reserves the right, at any time, to modify, suspend or interrupt the Services or part of them with or without notice. You agree that Harpa Italia will not be responsible towards you or any third-party user for any modification, suspension or interruption of the Services or part of them.

g. Access from other countries.

The user is aware and expressly accepts that, if he accesses from countries other than Italy, some or all of the features of the Services may not be operational. Therefore, Harpa Italia assumes no responsibility for any damage or loss 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 from anywhere in the world.

IV. Agreed use and limitations of Harpa Italia Services

a. Intended use of Harpa Italia Services.

The Services may be subject to sporadic interruptions and failures for a variety of reasons beyond the control of Harpa Italia, including any intermittent Wi-Fi, service provider operating times, notifications and mobile operators. The user acknowledges these limitations and accepts that Harpa Italia is in no way responsible for any damages resulting from the impossibility or delay of the Services or notifications.

b. Product functions and services.

Aircare is not a certified measuring instrument and therefore cannot be used to establish compliance with legal parameters with respect to the presence of environmental pollutants. It is not a substitute for professional measurements and technical expertise, but it allows the user to know a trend of pollutants present in indoor environments. The user acknowledges that the Product and Services do not provide alarms or emergency systems; Harpa Italia will not transfer any information to the authorities in charge of handling emergency situations in case of emergency or anomalous values. In addition, contacts with Harpa Italia’s customer service cannot be considered a life-saving solution for people at risk and cannot replace emergency services. All potentially life-threatening events and emergency situations must be resolved and addressed by the user through the use of the authorities in charge of managing them.

c. Reliability of notifications.

You acknowledge that the Services, including remote access and mobile notifications, are not intended to be 100% reliable and 100% available. Harpa Italia does not guarantee that the user receives notifications at a given time or at all. You agree that you cannot rely on the Services for any security or critical purpose regarding the health and your well-being. Notifications sent on mobile devices regarding status and alarms generated by the Product are provided for informational purposes only. The information provided by Harpa Italia on what to do in an emergency is based on reliable security sources, but it is not possible for Harpa Italia to provide specific information relating to a specific situation. The user acknowledges that it’s his responsibility to handle emergency situations and to find answers based on the specific conditions in which he finds himself.

d. Temporary suspension.

Services may be temporarily suspended without notice for security reasons, system failure, maintenance and repair or other circumstances. The user expressly agrees that he will not be entitled to any refund and/or discount for these suspensions. Harpa Italia does not offer any specific availability guarantee for the Services.

e. System requirements.

The access to the Services is limited to those with the minimum system requirements, as published in relation to these Services. Some services will not be accessible without: (1) a functioning Wi-Fi network (captive portal not supported) correctly positioned in order to communicate efficiently with the Product; (2) an account; (3) a smartphone; (4) Internet access; (5) other system elements that can be subsequently specified by Harpa Italia. It is the user’s responsibility to ensure that they have all the required system elements and that they are compatible and correctly configured. You acknowledge that the Services may not function as described when the requirements and compatibility have not been met. Furthermore, the user acknowledges that Harpa Italia can activate/deactivate WiFi on the customer’s smartphone, with or without prior notification, in order to allow the initial configuration of the Product.

f. Air quality, health and other benefits.

Harpa Italia does not guarantee or promise any specific level of air cleaning or health benefits generated from the use of the Product or Services or any of their features, including any indications provided by the Services. The quality of the actual air may vary based on factors that are outside the control or knowledge of Harpa Italia. From time to time, Harpa Italia may use the Services to provide the user with useful information for him and his air monitoring situation and may suggest ways to improve or otherwise change his habits. Harpa Italia does this in order to highlight the options to be considered based on the analysis performed and the information that has been monitored and collected. You acknowledge that these suggestions are not considered medical advice and the effectiveness and applicability of these suggestions may vary. Harpa Italia assumes no responsibility for the actions performed by the user on the basis of the information provided by the Services and does not provide guarantees and declarations regarding the applicability of such information or guidelines to the specific needs of the user. Any health questions related to the information and directions provided should be addressed to a doctor.

V. Property and rights of Harpa Italia.

a. Property of Harpa Italia.

You acknowledge that all intellectual property rights, including – but not limited to – copyright, patents, trademarks and trade secrets of the Product and of the Services (for example, the Site, the mobile app, etc.) are owned by Harpa Italia or its affiliates or its licensees. The possession, access and use of the Product, the Software of the product and the Services do not transfer to the user or to third-parties any right, title or interest in such intellectual property rights.

b. Limitations.

You may only copy part of the Services (including the Site on which these Terms are published) on your computer for personal use. It is forbidden to use the content of the Services in any other public or commercial manner, nor to copy or integrate any of the contents of the Services in any other work, including the website without the written consent of Harpa Italia. You must have a license from Harpa Italia in order to be able to publish or redistribute any part of the Services. Harpa Italia retains all rights on all content of the Services, including all downloadable software and all data accompanying it. You may not copy, modify or in any way reproduce or damage the structure or presentation of the Services or of any content contained in it.

c. Suggestions e comments.

Harpa Italia may invite you to send feedback, suggestions or ideas on the Products or Services, also aimed at improving the Product or Services (“Ideas”). By submitting an idea, you agree that your contributions are voluntary, free, unsolicited and unrestricted and will not impose any fiduciary or other obligation on Harpa Italia. Harpa Italia may use, copy, modify, publish or redistribute your feedback and its content for any purpose and in any way without having to acknowledge any compensation and/or consideration to the user, who expressly renounces to it. You further agree that Harpa Italia reserves the right to use similar or related ideas, previously known to Harpa Italia, developed by its employees or obtained from other sources.

d. Links, information and references of third-party websites.

The Site may contain links to other websites operated by third-parties and references to third-party providers. These websites and their providers are not under the control of Harpa Italia, which may provide these links only for better use and does not review, approve, monitor, endorse, guarantee or issue any declaration in relation to them.

e. Lack of responsibility towards third-party actions.

Harpa Italia is not responsible for third-party actions nor for their products and services, including, but not limited to, app stores, third-party products and services, third-party sites, reference suppliers, equipment, ISP’s and carriers. Therefore, Harpa Italia, its licensees and suppliers disclaim any responsibility in relation to past, present and future damages, known or unknown, deriving from or relating to user interactions with such third-parties, products and services.

f. Indemnification.

You agree to indemnify and release from responsibility Harpa Italia, its licensors and suppliers against any damage, liability, claim or request (including costs and legal fees) made by third-parties due to or arising  from (1) the use of the Product or the Services, (2) from violation of these Terms, (3) from any User Contribution or User Feedback, (4) from violation of any law or third-party rights. Harpa Italia reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which Harpa Italia is required to receive compensation for and the user agrees to cooperate with Harpa Italia. You agree not to resolve any claim without the prior written consent of Harpa Italia. Harpa Italia will make every reasonable effort to inform the user of such actions or proceedings after becoming aware of them.

VI. Declaration of non-responsibility in relation to the Services.

a. The Services (the Site, mobile App, API, etc.) are exclusively provided for the user’s convenience: Harpa Italia, its licensors and suppliers expressly disclaim any warranty in relation to such Services.

b. Therefore, Harpa Italia, its licensees and suppliers do not assume any guarantee regarding any defects in the Services, nor any obligation to eliminate them, nor that these Services meet the requirements set by the user.

c. Any activity of the user aimed at modifying the sensors or the case may cause damage to the operation of the device or connected systems, of which the user assumes all responsibility.

VII. Legal disclaimer.

a. To the maximum extent permitted by applicable law, in addition to the above warranty exclusions, Harpa Italia will not be liable for any damages, whether of private or non-private nature, caused by the use of the Product and/or from the use of the Services.

VIII. Paid services.

a. 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 sales conditions stipulated.

IX. Dispute

a. Inform Harpa Italia first.

If a problem arises between the user and Harpa Italia, our goal is to know it and solve it. The user, therefore, undertakes to inform Harpa Italia of any problem he has with Harpa Italia in relation to these Terms or in relation to the Product or the Services offered by Harpa Italia, by contacting Harpa Italia at support@aircare.it. Harpa Italia will have thirty days to propose a solution to the problem complained by the user.

b. Mandatory attempt at conciliation.

In the event that the user considers that he is not satisfied with the solution proposed by Harpa Italia to the inconvenience raised, any judicial action must necessarily be preceded – as a condition for its admissibility – by a mandatory attempt at conciliation, to be promoted through the sending of a registered letter to the office of Harpa Italia (Rome, Via Cantalupo in Sabina, 30 – 00191 Italy), or through pec at the address harpaitalia@pec.harpaitalia.eu. The conciliation procedure must be completed within a maximum period of 120 days from the date on which the registered letter or the pec is sent by the user; the condition of admissibility will be considered in any case once the 120-day term has elapsed from the dispatch of the registered letter or the pec by the user.

Another tool for dispute resolution is the Online Dispute Resolution (ODR) platform.

X. Changes and final conditions.

a. Changes to these terms.

Harpa Italia reserves the right to make changes to these Terms. Harpa Italia will make these changes known through publication on this page. You agree to always read and accept the most recent Terms when using the Services. Your continued use of the Services following the publication of these changes will indicate the recognition of these changes and the acceptance of the modified Terms by the user.

b. Protection of confidentiality and intellectual property rights.

Notwithstanding the above, Harpa Italia reserves any broader form of protection, before the competent Court with jurisdiction, in order to protect its confidential information and intellectual property rights or to prevent loss of data or to prevent damage to its servers.

c. Entire agreement/separability.

These Terms govern the use of the Services and the user accepts them in full. Any inertia on the part of Harpa Italia in exercising or enforcing any right or provision of these Terms does not imply any renunciation to the exercise of the same. 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 considered modified in order to make it valid and applicable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.

d. Notifications.

Harpa Italia may provide notifications to the user as required by law or for marketing purposes or other purposes via e-mail to the main email associated with your account (at your discretion). Harpa Italia is not responsible for any automatic filter that the user or his network manager could apply to notifications via email. Harpa Italia advises users to add e-mail addresses @aircare.it to their e-mail address contacts in order to help them receive e-mail notifications from Harpa Italia.

e. Copyright / trademark information.

Copyright © 2024, Aircare by Harpa Italia. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Services are property of Harpa Italia or their respective owners. You may not use any of the Trademarks without the prior written consent of Harpa Italia or their respective owners. Harpa Italia reserves the right to change offers of products and services, specifications and prices at any time without notice and is not responsible for typographical or graphic errors that may appear in this or in related documents.