04 April, 2020
I. General Provisions
USE OF THE APP, WEBSITES AND SERVICES
Airmine provides the App, Websites and Services to assist people with diseases triggered by air pollution and pollen to track and understand their condition. Our App, Websites and Services require your active engagement and participation and you understand that, despite your efforts, individual user’s results will vary for a number of reasons. We cannot guarantee that you will successfully manage your condition or be responsible for any health problems that may arise while or in connection with the use of our App, Websites or Services.
It is important to understand that the App, Websites and Services do not include the provision of medical care by the Company. Airmine is not a licensed medical care provider. You should not change your treatment, medication or care plan based on information you received through our App, Websites and Services. Always consult with your healthcare professional if you have any questions or concerns regarding your health or condition or experience any changes in your health status or condition.
Airmine comply with the General Data Protection (EU) 2016/679 (EU GDPR) in our handling of personal data, and we may also use third parties, in whole or in part, to provide our products and services.
The Term of this Agreement will begin upon your successful registration and the activation of the App, Websites and Services by Airmine and will continue until you terminate this agreement, unless a term is otherwise set forth in the registration. For those parts subject to a limited term, this Agreement will automatically renew for successive equivalent terms unless terminated by either party as permitted herein.
(I) Airmine reserves the right to refuse activation of a user for any reason and may suspend or terminate your access to the App, Websites and Services if you (a) breach any term of this Agreement, or (b) engage in any conduct that Airmine determines in its discretion may have an adverse effect on Airmine or its reputation.
(II) You may terminate this Agreement for convenience upon written notice to Airmine or its Third Party or through the applicable cancellation process. Airmine may terminate for convenience upon sixty (60) days written notice.
(III) Upon termination, you will no longer have access to the App, Websites and Services. In addition to termination, Airmine reserves the right to pursue all remedies available to it.
Except for the limited license and use rights expressly granted to you under this Agreement, all titles to and the rights in the App, Websites and Services, including ownership rights to patents (registrations, renewals, and pending applications), copyrights, trademarks, trade secrets, Airmine’s or Third Party hardware, other technology, any derivatives of and all goodwill associated with the foregoing is the exclusive property of Airmine and/or the applicable Third Party.
Trademarks, Airmine App, Websites and Services marks, graphics and logos used in connection with the App, Websites and Services are the trademarks of their respective owners. You are granted no right or license with respect to any of the trademarks mentioned above and any use of such trademarks. You acknowledge and agree that all text, graphics, photographs, trademarks, logos, visual interfaces, artwork, computer code and all other related content contained on the App, Websites and Services are owned by Airmine, its service providers or other Third Party and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Any reproduction, publication, further distribution or public exhibition of materials provided through the App, Websites and Services, in whole or in part, is strictly prohibited. Except as expressly provided in this Agreement, no part of the App, Websites and Services and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, distributed or transmitted in any way (including “mirroring”) to any other computer, server, service or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of Airmine or the applicable owner.
DISCLAIMER AND LIMITATION OF LIABILITY
The App, Websites and Services are provided on an “as is” basis and use of the App, Websites and Services is at your sole risk. Airmine’s liability is limited to cases of malicious intent or gross negligence. Airmine shall not be liable for ordinary negligence. The company, its officers, directors, employees, agents, contractors, or third-party service providers specifically disclaim all warranties and conditions, whether expressed or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, accuracy, integrity or completeness of the content, Third Party content or that the App, Websites or Services will be error-free or uninterrupted. No oral advice or written information given by the company, its officers, directors, employees, agents, contractors, or third-party service providers will create a warranty.
Except where prohibited by law or public policy, in no event will the company, its officers, directors, employees, agents, contractors, or third-party service providers be liable for any (1) amounts in excess of fees paid during the applicable term or (2) indirect, incidental, special or consequential damages that result from your use of or inability to use the App, Websites and Services, including but not limited to reliance by you on any information obtained from the App, Websites and Services, regardless of the form of action.
Airmine shall only be liable for its own content. Where Airmine provides access to online services / web shops of Third Party via links, Airmine shall not be liable for such Third Party content. Airmine shall not appropriate the content of others as its own. If the user is of the view that certain content violates his rights, then he should report it to firstname.lastname@example.org.
Where Airmine gives the user the possibility of publishing his content, for example uploading within a forum, then the following terms and conditions apply: the user’s uploaded content (commentaries, videos, pictures) are available for all users. As Airmine cannot exercise direct control over the content, it follows that Airmine cannot accept any responsibility for the content, the accuracy, and the form of such content. The user is responsible for his own content.
As regards his uploaded content, the user grants Airmine a non-exclusive transferable, unlimited right of use and exploitation (i.e. also for citation and referencing purposes) in terms of time, subject matter and place. Airmine is not obliged to make the content available. Airmine may refuse, transfer, shorten or delete user content at any time.
The user warrants to Airmine that he will not upload any content whose contribution, publication or use infringes any applicable law or Third Party rights. Specifically excluded are contributions of a racist, pornographic, degrading, insulting nature and those violating common decency. In particular, the user guarantees that the uploaded content does not infringe any (especially intellectual property) Third Party rights and that he does not merely have a transient usage right to reproduce, distribute or make available.
The user undertakes to indemnify and hold harmless Airmine and its agents as regards all valid claims which are based on illegal content and to provide full satisfaction for the ensuing detriment caused; this also covers the costs of a necessary and appropriate legal defence. Where a Third Party asserts that his rights have been infringed, then Airmine is entitled to pass on the user’s stored contact details.
You agree to defend, indemnify, and hold Airmine, its officers, directors, Third Party, employees, contractors, agents, licensors, suppliers and Third Parties, harmless from and against any claims, actions or demands, liabilities including without limitation, reasonable legal fees, alleged to result from your use of the App, Websites and Services, and Third Party Services.
All other users agree (1) that all matters relating to access to or use of the App, Websites and Services, including all disputes, will be governed by the laws of Norway without regard to its conflicts of laws’ provisions (2) to the personal jurisdiction, and (3) waive any objection to such jurisdiction or venue and the right to trial by jury in any judicial proceeding involving any dispute, controversy, or claim arising out of or relating to these terms and conditions or the products and services.
The parties acknowledge that they have agreed that this Agreement and all related documents be drawn up in the English language.
II. The App, Websites and Services Specific Provisions
During the term of this Agreement, Airmine grants you a non-exclusive, non-transferable, non-sub-licensible, revocable and limited right to access and use the App, Websites and Services and any documentation made available to you by Airmine solely for purposes of your personal use of the App, Websites and Services in accordance with the terms of this Agreement. The App, Websites and Services are enabled by technology, software and certain content delivered electronically. You agree that you will not reverse-engineer, decompile, disassemble, translate, or otherwise attempt to obtain access to the source code of, any aspect of the App, Websites and Services. You will not copy, reproduce, alter, create derivative works from, or otherwise modify the App, Websites and Services. You will not lease, loan, sublicense, distribute, or otherwise provide others access to or with any aspect of the App, Websites and Services except to an authorized user. Other than as expressly set forth in this Agreement, no license or other rights in or to the App, Websites and Services are granted to you, and all such licenses and rights are hereby expressly reserved.
III. Third Party Providers Specific Provisions
USE OF SERVICE/CONTENT BY THIRD PARTY PROVIDERS
You acknowledge and agree that the you may, during the course of or in relation to the use of a Service, be provided with the opportunity to obtain services from one or more third party service or content providers (“Third Party Providers”). The use of these Third Party Services will require your agreement to certain additional terms and conditions provided by the applicable Third Party Provider. These additional terms and conditions will be made available to you when, and if, you use the Third Party Provider.
You acknowledge and agree that we may engage and incorporate the services/content of Third Party Providers to assist in providing and/or enhancing the Services. You hereby consent and authorise us to delegate the authorisations you provide to us to such Third Party Providers as we deem necessary to provide the Services to you. You will enjoy services/content provided by Third Party Providers only if you agree to their terms and conditions.
You acknowledge that Third Party Providers are independent contractors as stipulated and we do not provide, or exercise any control or oversight over the performance of Third Party Providers in providing the Third Party Services/Content to you. You also acknowledge we are not responsible for any activity occurring within Third Party Services, even if logged in through or linked to our Site.
In the event the performance of Third Party Services requires disclosure to and/or access of Your Content, you agree that you will not hold us responsible for any breach on the part of the Third Party Providers, including but not limited to losses and/or damages suffered by you arising out the disclosure and/or access of Your Content by the Third Party Providers.
You also acknowledge and accept that a Third Party Provider may change, modify or discontinue, temporarily or permanently, any Third Party Services used by you, without notice to you. We will use our best endeavours to provide notice to you within a reasonable period of time if and when we become aware of such change, modification, suspension and/or discontinuance of Third Party Services.