Terms of Service - Device

Definitions

"Device(s)" refers to the Sensio Air devices provided by either WLAB LTD or Sensio Air Inc., referred to herein collectively as "The Companies" and individually as "The Company" based on context.

Acceptance of Terms

By accessing or using the Device(s), you agree to comply with and be bound by the following Terms of Use. If you do not agree with these terms, please refrain from using the Device(s). These Terms of Use are subject to change, and it is your responsibility to review them periodically.

Scope of Agreement

These Terms of Service ('Terms') govern the use of the Sensio Air device ('Device') and the accompanying services ('Services') provided by The Companies. In the absence of a separate rental agreement, these Terms constitute the entire agreement between the user ('User') and The Companies.

Services

The Companies offer the following services in connection with the Device(s):

  • Access to sensor data indicating particle levels and classifications, as determined by the Sensio Air index.
  • Availability of an API for sensor data access.
  • Provision of API Documentation.
  • User manual and setup instructions.
  • Mobile application access (iPhone).
  • Dashboard access on web browsers (Chrome, Safari, Firefox).
  • Export of data to CSV (where applicable).
  • Annotation and insights on data (where applicable).

Restrictions on Use

You must not:

  • Share the results of any evaluation of the devices with third parties for purposes of monitoring their performance or functionality without prior written approval from The Companies.
  • License, sublicense, sell, resell, transfer, assign, distribute, or make the devices or related software available to any third party.
  • Copy, modify, reverse engineer, create derivative works based on, or attempt to discover any trade secret contained in the devices or related software.
  • Use the devices for purposes that violate applicable laws or infringe upon the rights of others.
  • Interfere with or disrupt the integrity or performance of the devices or the data they generate.
  • Attempt to gain unauthorised access to the devices or related systems or networks

Usage of Data

The data collected by the Device(s) is owned by The Companies. Users grant The Companies the right to collect, use, and store data from the device for purposes such as improving services, conducting research, and developing new features. If a user deletes their account or returns the device, The Companies will anonymize the collected data to protect user privacy. Anonymized data may be retained for analysis and reporting.

Prohibited Use

You shall use the Device(s) only for your internal business purposes and shall not:

  • Violate applicable laws.
  • Interfere with the integrity or performance of the devices or the data they generate.
  • Attempt to gain unauthorised access to the devices or related systems or networks.
  • Transmit or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material.

Intellectual Property

The Companies retain ownership of all intellectual property rights in the Device(s) and related software. You hereby grant to The Companies a non-exclusive licence to use any suggestions, ideas, enhancement requests, feedback, test results, recommendations, modifications, improvements, or other information related to the Device(s) provided by you. Any changes made based on feedback become the sole intellectual property of the Companies.

Condition of Usage

You are granted a temporary right to use the Device(s) during the rental period. You do not gain ownership rights to the Device(s). Device(s) are rented out and thus we do not accept returns. Upon receiving your Device(s), you should find it in optimal working condition. Should issues arise with the functionality, please promptly inform our team. Where necessary, will repair or replace the device. You may not tamper with the Device(s), attempt to reverse engineer the technology, damage the enclosures, or engage in any form of reverse engineering of proprietary information that may lead to financial losses for The Companies, as such activities are strictly prohibited.

Safety and Usage Guidelines

Users must adhere to all safety and usage instructions provided by The Companies for the Device(s). Non-compliance may result in service termination or other repercussions. Key guidelines include:

  • Handling: Take responsibility for the safe use and handling of the Device(s), including precautions against electrostatic discharge. Both WLAB LTD and Sensio Air Inc. disclaim any claims of improper handling.
  • Protection Impairment: Use the Device(s) as specified. Misuse may deactivate safety features, posing potential risks.
  • Radio Equipment: The Device(s) comply with the Technical Regulation Conformity Certification as mandated by the Radio Law.
  • Usage Environment: The Device(s) are designed for indoor use. Avoid leaving them unattended in hazardous settings.
  • Safety Distance: Maintain a 20cm distance from the active Device(s).
  • Intellectual Property: Usage doesn't grant any intellectual property rights. WLAB LTD and Sensio Air Inc. hold no liability concerning customer product design or rights infringements.
  • Confidentiality: Device(s) specifications and documentation are proprietary. Unauthorised distribution without The Companies’ approval is prohibited.
  • Failure to comply with these guidelines may impair the Device(s)'s performance and could invalidate warranties.

Return and Account Deletion Procedures

If a user decides to return the Device, they must notify The Companies. Upon account deletion or device return, The Companies will anonymize any collected data to ensure user privacy.

Indemnity

By The Companies

The Companies shall have no liability to indemnify and defend you to the extent that:

  • The alleged infringement is based on infringing information, data, software, applications, services, or programs created or furnished by or on behalf of you.
  • The alleged infringement is the result of a modification made by anyone other than The Companies.
  • You use the devices other than per these Terms of Use or any documentation delivered by The Companies. This section states The Companies’ entire liability and your sole and exclusive remedy for claims relating to infringement.

By You

You shall indemnify and defend The Companies against any claims resulting from the use of the devices:

  • That any services or products provided by you infringe or violate any rights of third parties.
  • Arising from or relating to your failure or the failure of your users to comply with these Terms of Use.

Limitation of Liability

The Companies provide the Device and Services 'as is' and without warranties of any kind, except as explicitly stated. The Companies are not liable for any indirect, incidental, or consequential damages arising from the use of the Device or Services. Users accept full responsibility for their use of the Device in the absence of a separate rental agreement.

The Companies’ maximum liability for any action arising under these terms, regardless of the form of action (tort, contract, or otherwise), shall not exceed the fees paid by the user during the contract term or the user’s loss. Users must ensure that the use of The Companies’ product does not infringe on any existing patents or copyrights, as The Companies shall not be liable for such infringement.

In no event shall The Companies be liable for indirect, special, incidental, or consequential damages, including without limitation, lost data, lost profits, opportunities or contributions, loss of use, goodwill, business interruption, cost of cover, or other pecuniary or non-pecuniary loss, however arising, even if The Companies has been advised of the possibility of such damages.

The Companies shall have no liability or responsibility in the event of any loss or interruption in access to the devices due to causes beyond its reasonable control or foreseeability, such as loss, interruption, or failure of telecommunications or digital transmissions and links, internet slowdown, or failures. The parties agree to the allocation of risk set forth herein.

Confidentiality

You agree to take all reasonable measures necessary to protect the secrecy of, and avoid disclosure and unauthorised use of, the Device(s) and any confidential information provided by The Companies, as defined in the Nondisclosure Agreement executed by the Customer and The Companies, or as otherwise stipulated in such Non-Disclosure Agreement.

Termination and Suspension of Services

The Companies reserve the right to terminate or suspend your access to the Device(s) and related services at its discretion, with or without notice, if you breach these Terms of Use or for other reasons deemed necessary by The Companies.

Updates and Maintenance

The Companies may provide updates and maintenance for the Device(s) and related software, intended to improve device functionality, enhance performance, or address potential issues. Whenever an update is provided, release notes will be made available, outlining the improvements and changes made to the software or device. While updates are designed to enhance the user experience, there might be instances where occasional bugs may require further attention. During such updates, the Device(s) might experience temporary inconsistencies or delayed readings. Users may not decline these updates, but should you encounter any issues post-update, you may request a rollback to the previous stable release, subject to the approval of The Companies.

Compliance with Applicable Laws

You agree to comply with all applicable local laws and regulations, including export control laws, related to your use of the Device(s) and related services.

Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of England and Wales when the agreement is with WLAB LTD, and by the laws of Delaware when the agreement is with Sensio Air Inc. Any disputes arising from these Terms or the use of the Device and Services shall be resolved through arbitration in London, United Kingdom, in accordance with the rules of the London Court of International Arbitration (LCIA). In the absence of a rental agreement, these terms serve as the binding agreement between the user and The Companies.

Entire Agreement

These terms, in conjunction with the Rental Agreement and NDA executed with the respective Company (either WLAB LTD or Sensio Air Inc.), constitute the entire agreement between the parties. This supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any amendments to this agreement must be in writing and signed by both parties.