"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 Service. If you do not agree with these terms, please refrain from using the Device(s). These Terms of Service are subject to change, and it is your responsibility to review them periodically.
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.
The Companies offer the following services in connection with the Device(s):
You must not:
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.
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.
For the limited edition sale, you gain ownership rights to the Device(s) upon purchase. However, you are prohibited from tampering with the Device(s), attempting to reverse engineer the technology, damaging the enclosures, or engaging in any form of reverse engineering of proprietary information, as these activities are strictly prohibited and may lead to financial losses for The Companies. This is in addition to remaining subject to the other Terms set out in this Terms of Use.
For rented Device(s), you are granted a temporary right to use the Device(s) during the rental period. You do not gain ownership rights to the rented Device(s). Upon receiving your rented Device(s), they should be in optimal working condition. If any functional issues arise, please promptly inform our team. We will repair or replace the rented device if necessary. Rented Device(s) must be returned at the end of the rental period, and returns are not accepted for purchased Device(s).
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:
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.
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 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.
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 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.
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.
