"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.
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.
These Terms of Use outline the conditions governing the usage of Device(s) provided by The Companies and related services.
The Companies offer the following services in connection with the Device(s):
You must not:
Details regarding data usage, storage, and access rights can be found in the Rental Agreement or related agreements. You agree to comply with all applicable data protection and privacy laws, including GDPR or equivalent legislation applicable in your jurisdiction.
You shall use the Device(s) only for your internal business purposes and shall not:
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.
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.
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:
The Companies shall have no liability to indemnify and defend you to the extent that:
You shall indemnify and defend The Companies against any claims resulting from the use of the devices:
The Companies’ maximum liability for any action arising under these terms and conditions, regardless of the form of action and whether in tort, contract, or other forms of liability, shall in no event exceed the fees paid by you during the contract term to The Companies or your loss. You also shall, in your discretion, attain a level of due diligence in the use of the products and shall ensure that the use of The Companies’ product shall in no way infringe on any other 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 of any kind, 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.
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.
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.
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.
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.
These Terms of Use and any disputes arising from or related to them shall be governed by 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 shall be resolved through negotiation and, if necessary, through arbitration or the courts of the respective governing law. Both parties agree to submit to the exclusive jurisdiction of these courts.
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.
