The Developer reserves the right, at its sole discretion, to add, remove or modify content of this Agreement, at any time. Each change is effective the moment the changes are posted on the App. It is your responsibility to check regularly. Your continued use of the App following the posting of changes means that you accept and agree to the changes.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU CLICK THE “AGREE” OPTION; ESPECIALLY MAKE SURE YOU UNDERSTAND THOSE CLAUSES ABOUT LIABILITY EXEMPTION, LIABILITY LIMITATION, GOVERNING LAW, DISPUTES SETTLEMENT AND OTHER RELATED CONTENTS.
Intellectual property rights of the Developer, right of use
As between you and the Developer, use of the App shall be determined by the other terms and conditions herein and any additional terms and conditions informed to you by the Developer.
Upon installing the App, you are granted a non-exclusive licence to use the App and the content made available in it for its intended purpose and for no other purpose whatsoever.
The copyright in and to this App and any other intellectual property rights, including trademarks associated therewith, which belongs to the Developer or their affiliated companies shall remain exclusively with the Developer and its affiliated companies. Nothing in these conditions shall be understood as conferring any rights of use in relation to any trademarks associated with this App. Any reproduction, distribution or making available to the public, of any trademarks, texts, logos, pictures, graphics, animations, videos, music, sounds and other materials generated by or through the use of the App, in any form, whether electronic, printed or otherwise (especially in other apps or websites) is not permitted without the express consent of the Developer or their affiliated companies.
The Developer will enforce its intellectual property rights throughout the world within the scope of the applicable legislation.
No warranty of suitability
The Developer makes no warranty that this App is suitable for any particular purpose or that it will function as intended or at all. The Developer makes no commitment to provide any support or maintenance for the App. The Developer shall entertain no claim whatsoever if this App does not function or otherwise meet your needs.
Content and use of the App, liability
The Developer makes no warranty as to the accuracy of any information provided in or through the App. No information provided in or through the App shall represent any kind of offer to conclude any contractual relationship otherwise than the contract concluded upon these conditions.
The content provided in or through the App and any products and services described therein can be changed or updated at any time by the Developer without prior notice. The Developer does not give any guarantees or indications of quality and the Developer assumes no liability in relation thereto, whether expressly or implicitly. The Developer does not make any undertaking that the information/content provided is up-to-date, correct or complete and assumes no responsibility therefor.
Claims for compensation of damages that arise from or in connection with the use of the App and its contents are hereby expressly excluded. This exclusion does not include claims for compensation of damages arising from injury to life, limb or health or the liability for other damages that are attributed to a willful or grossly negligent breach of a duty by the Developer, their legal representatives or vicarious agents. These limitations of liability shall also apply to the benefit of the legal representatives and vicarious agents of the Developer if claims are asserted directly against them.
Other than any warranties or rights as may be set out in the Limited Warranty and herein which are made expressly available to you, we make no representations and warranties and expressly disclaim all representations and warranties about the device or the software (including the App) of any kind, either expressed or implied, including, but not limited to, warranties of title or implied warranties of merchantability, fitness for a particular purpose, that it will function as intended or at all, or non-infringement of intellectual property, the content of the software, and the readings and information made available via the device.
The device OurAirNode and software are provided on an “As Is” and “As Available” basis. We do not warrant that use will be uninterrupted, secure, error-free, free of viruses or other harmful/malignant content or availability at any time or location. Accuracy of the readings or information provided by the device/software is not guaranteed and we do not warrant that the readings/information provided is up-to-date, correct or complete. We make no commitment to provide any support or maintenance for the device or software. If the device is not working, at our sole discretion, we may offer to replace or repair the device.
The content in the software and the products and services described herein can be changed or updated at any time by us without prior notice.
Notwithstanding anything else herein, the Developer assumes no liability in connection with any use of the device or the software. Use of the device and software is at your sole risk. Under no circumstances will the Developer, the Developer’s affiliates, nor any of their employees, agents, third-party content providers, sponsors, assignees, or licensees be liable for any direct, indirect, incidental, special, punitive or consequential loss or damage that are caused by, or result from, your use of the device and/or the software and the readings and information provided, including a delay in responding to you as a result of technical failures, technical failures attributable to any power outages, malfunctioning of the device or software, failures of any electronic message software, or faulty mobile data transmission, the use of or the inability to use the device or software or any parts thereof, or that result from mistakes, omissions, interruptions, deletion or any failure or performance.
Limitation of Remedies and Damages
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL CAUSE OF ACTION, WHETHER IN TORT, CONTRACT OR OTHERWISE, SHALL THE DEVELOPER BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, AND/OR SMARTPHONE FAILURE OR MALFUNCTION.
Regardless of whether the claim for such damages is based in contract, tort and/or any other legal theory, where liability may not be excluded as above but may be restricted in law, in no event shall the Developer’s aggregate liability to any party for direct or indirect damages exceed the lesser of:
a) the amount of total fees paid or payable by you for the App or
b) the applicable list price, at the date of the purchase, for the App,
even if the Developer has been advised of the possibility of such damages.
Data collection and data processing
The Developer is aware that the protection of your privacy when using this App is an important concern for you. The Developer takes the protection of personal data very seriously. The Developer has, therefore, taken the necessary technical and organizational measures to ensure compliance with applicable law or any statutory modification, amendment or re-enactment thereof for the time being in force. By using the App, you agree to the collection, processing and use of this personal data by the Developer. You agree and acknowledge that the Developer will also collect, store, use, retain and share information, content and data (“Authorized Users’ content”) on the devices and based on their interaction with the applications (such as but not limited to: mobile device ID, mobile device name, time of an event, elements you have interacted with, metadata and other details about these elements including duration of interaction, location, etc.). You agree that these Authorized Users’ content may be used or shared by the Developer or its subcontractors to maintain and improve their services, for their own business purposes and may be transferred to other countries or to other third parties for such purposes as may be relevant.
The same shall also apply in the event that you contact the Developer via the App (customer services, data protection supervisor or corporate communications).
Insofar as there is the possibility within the App to provide personal data, you divulge this data on an expressly voluntary basis. You can and are permitted to use all the services offered, generally without providing this kind of data. The personal data you make available to us via the App (in particular, your name, address, and e-mail address) are used only for the purposes for which you provide the relevant data to us.
The Developer collects data on the usage of the App via cookies. The Developer uses these statistics exclusively to measure the activities on the App as well as to enhance or adapt the App and the information it contains to the needs of the users. These statistics do not contain any personal data and also cannot be used to collect personal data.
All personal data will be treated confidentially by the Developer and can only by accessed by authorized personnel of the Developer. The Developer will not provide your data (personal and non-personal) to any other company, except its own affiliated companies.
Right of access
You have the right to request and receive information free of charge on the personal data stored by the Developer on you. In addition, you have the right to correct inaccurate data, to block and to delete data. If you have questions in this regard, please contact our Data Protection Officer by email at: firstname.lastname@example.org.If you retrieve pages and files when using the App and are requested to input data about yourself, please be notified that this data is not transmitted securely over the Internet and that unauthorized persons can thus gain knowledge of or even tamper with the data.
Links to other websites
Links to websites of third parties can also be provided in the App as an additional service. These websites are completely independent and outside the sphere of responsibility as well as the control of the Developer. The Developer is therefore not liable for the content of any of these third-party websites that are accessed from the App and assumes no responsibility for the content, the data protection provisions or the use of such websites. The provider of the website linked to via the App is solely responsible for illegal, incorrect or incomplete content and especially for damages resulting from the use or non-use of the information of this kind that is offered.
Availability of the App
The Developer reserves the right also to offer the App worldwide in the future and on other mobile platforms.
These terms and conditions of use are subject to Singapore law; the UN Convention on Contracts for the International Sale of Goods shall not apply.