Terms and Conditons
CambAir Products and Services
Last updated: 21 November, 2024
Please review these Terms of Use, which govern your use of CambAir Products and Services as defined below (“Terms”), before accessing or using the Products and Services. Some features or parts of the Services may be subject to additional terms, policies, or guidelines, which are incorporated into these Terms by reference.
1. Agreement to Terms
By creating, accessing, registering, logging into, or using (or continuing to use) a CambAir account, or by acknowledging acceptance of these Terms through any provided means, you confirm that you have read, understood, and agree to comply with these Terms.
These Terms form a legally binding agreement between you (the individual or, if applicable, the company or Partner you represent) and CambAir or its subsidiaries ("CambAir," "we," or "us"). If you are acting as a representative of a company or Partner, you confirm that you are authorised to bind that company or Partner to these Terms.
You confirm that you are at least 18 years old. If you are under 18 or cannot agree to these Terms, you may not create, access, or use a CambAir account, or register, log into, or use the Services or Products under any circumstances.
IMPORTANT: THESE TERMS INCLUDE (1) AN ARBITRATION CLAUSE; (2) A WAIVER OF THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST US; AND (3) A RELEASE OF ANY CLAIMS AGAINST US ARISING FROM YOUR USE OF THE PRODUCTS OR SERVICES. BY CREATING OR ACCESSING A CambAir ACCOUNT, REGISTERING FOR, LOGGING INTO, OR USING THE SERVICES OR PRODUCTS, OR ACKNOWLEDGING ACCEPTANCE OF THESE TERMS, YOU AGREE TO THESE PROVISIONS.
You may also have additional legal rights depending on the laws in your jurisdiction. Some clauses in these Terms, such as disclaimers, limitations on liability, mandatory arbitration, or class action waivers, may not apply in some jurisdictions due to local laws.
The Services include the CambAir Apps, available for download on smartphones or tablets, along with web dashboards, APIs, and other software or features (not installed on Products) related to the monitoring and reporting of air quality (the "Services"). The Services allow users to view and interpret air quality data from CambAir’s indoor air quality monitors (the "Products"), which are installed in buildings such as homes or businesses. "Products" also refers to the software installed on those devices, which is licensed to you, not sold.
The Products and Services are for use by Customers and Partners (if authorised by the Customer). A "Customer" is someone who purchases, installs (or has installed), and uses the Products and Services. A "Partner" is a business or service professional who has sold a Product to a Customer or has been granted access to the Services by a Customer. We expressly prohibit the use of our Products and Services for any illegal or unauthorised purposes, including violations of copyright or privacy laws.
These Terms impose obligations on Customers and Partners regarding their use of the Products and Services. CambAir is not responsible for the actions or inactions of any Partner(s) who have access to the Services or Products, including those who may have sold or assisted in the installation of the Products.
CambAir reserves the right to refuse to offer Products or Services to any individual or entity and may change eligibility criteria at any time. It is your responsibility to ensure that your use of the Products and Services complies with these Terms and all applicable laws.
2. Partner Sales and Commitments
These Terms apply whether you purchase Products or Services directly from CambAir, an affiliate, or through a reseller, distributor, or other Partner. Any representations, warranties, or commitments made by a Partner regarding the Products or Services are solely between you and the Partner. CambAir and its affiliates are not responsible for such representations.
3. Privacy
For details on CambAir’s privacy practices, please refer to the CambAir Privacy Policy at https://www.Camb-Air.com/privacy-notice, which explains how we collect, use, and share your information. In some cases, CambAir may establish additional privacy policies for specific commercial relationships, which will be presented to you separately, if applicable.
By accepting these Terms, you agree not to use any data or information obtained via the Products or Services in violation of CambAir’s privacy policies.
If you are a Partner, you must provide your own privacy policy to Customers and ensure that it explains how you use data obtained through the Products or Services in compliance with applicable laws.
You may not use data from the Products or Services to spam, harass, or harm others. You may not sell such data and may only use it as explicitly permitted in these Terms. You must take reasonable measures to secure the data and cooperate with CambAir to ensure compliance with privacy laws.
4. Authorised Use, Prohibited Use, and Promotional Channels
You agree not to grant unauthorised third parties access to the Products or Services. It is your responsibility to keep your usernames, passwords, and any data or information, including air quality data, secure and confidential.
You must comply with applicable laws regarding any data or information obtained through the Products or Services. You are only permitted to use such data for the following “Permitted Purposes”: (a) reviewing air quality data to identify and resolve air quality issues in a building where the Products are installed; and (b) if you are a Partner, contacting a Customer (only with their consent) to offer services related to improving air quality, or to schedule a service call regarding air quality issues in the building where the Products are installed.
5. Account Management, Settings, and Notifications
Please follow the provided instructions to authenticate your account, which may involve submitting your mobile number and/or email address and entering the verification code we send you. Your ability to access the Products and Services may depend on successful authentication of your account and linking it to your Products.
You are responsible for all activity on your account and for protecting your account credentials from theft or unauthorised disclosure.
By using the Products and Services, you consent to receiving communications, including emails, text messages, app notifications, and other messages related to your account, customer support, payment details, promotional offers, and third-party notices, unless prohibited by applicable law in your location.
6. Service Downtime and Suspensions
The Services require a Wi-Fi connection (or for certain Products, a cellular or Ethernet connection), Bluetooth-enabled devices like smartphones, and/or other systems specified by CambAir. The Services are not designed for time-critical or emergency use. Your access to the Products and Services may be interrupted for scheduled or unscheduled maintenance, system failures, or any other unavailability, including but not limited to: (i) internet, Wi-Fi, or cellular issues, (ii) maintenance or updates by CambAir or its suppliers (such as Amazon Web Services), (iii) denial-of-service attacks or other risks to security, or (iv) when required by law or regulations.
We are not liable for any damages, losses (including data loss), or consequences from downtime or service interruptions. CambAir is not responsible for delays or failures in service, including the loss of data or communications.
7. Battery Maintenance
You are responsible for replacing the batteries in the Products as needed. If the batteries are discharged or require replacement, the Products will not function. We recommend replacing batteries with the correct type before they are fully depleted.
8. Automatic Updates
CambAir may automatically install updates, patches, bug fixes, upgrades, and other modifications to improve the Products and Services. By using the Products, you consent to receiving these automatic updates. If you prefer not to receive updates, you should discontinue using the Products and Services.
9. Partner Offers
CambAir cannot verify the authenticity of offers, data, or advertisements provided by Partners or other third parties. We are not responsible for any dealings or interactions you have with Partners or third parties.
10. Fees
Certain Services may require payment, and you agree to pay all applicable fees as agreed upon for those Services.
11. Recommendations and Promotions
CambAir does not guarantee specific improvements in indoor air quality or energy savings from using the Products and Services, as results depend on various factors outside CambAir's control. Any recommendations or promotions provided by CambAir, Partners, or other third parties related to the Products and Services are not guarantees of air quality improvements or energy savings.
12. Installation and Use
It is your responsibility, or that of your Partner, to ensure the Products and Services are installed and used according to CambAir’s guidelines. Improper installation, placement, or use of the Products may result in defects, which will be at your risk and responsibility.
13. Fair Use
The use of Services may be subject to limitations, such as data transaction volumes or the number of database calls. If your usage exceeds acceptable limits, CambAir may, at its sole discretion, suspend or terminate your access to the Services.
14. Termination
CambAir has the right to cancel or terminate your access to all or any part of the Products and Services for any breach of these Terms. We do not tolerate fraudulent behaviour, spamming, abusive language, or any misconduct on our website or in communication with CambAir personnel. If you have a paid Subscription, we may terminate your access, with or without cause, at the end of the subscription term or with at least 90 days’ notice. For free Services, we may terminate your access at any time, with or without notice, effective immediately. Termination may result in the loss of data, and access to certain services may be revoked. Certain provisions of these Terms will remain in effect even after termination, including those regarding ownership, disclaimers, liability, and data.
15. Proprietary Rights/License
Subject to these Terms, if you have paid the purchase price for the Products and Services, CambAir grants you a non-exclusive, non-transferable, non-assignable license (without the right to sublicense or distribute) to install and use the Products and Services.
As between the parties, CambAir exclusively owns and retains all intellectual property rights in the Services and Products, including but not limited to design, artwork, technology, software, data, functionality, documentation, custom developments, modifications, and derivative works, regardless of who produces them. You hereby assign to CambAir all rights, title, and interest (including Intellectual Property Rights) in any custom developments, modifications, or derivative works of the Services and Products created by or for you, including but not limited to design, artwork, technology, software, data, functionality, and documentation. You shall not, directly or indirectly: (i) copy, modify, or reverse engineer any part of the Services or Products; (ii) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services or Products; (iii) modify, translate, or create derivative works of any part of the Services or Products; (iv) copy, rent, lease, distribute (except that if you are a Partner, we may have granted you certain distribution rights pursuant to a separate agreement), or transfer any rights to the Services or Products; (v) export the Services and Products from the territory where you were granted such rights or where the Products were delivered (the “Territory”) or use the Services and Products outside such Territory; or (vi) access or use any Services or Products to build a competitive dashboard, service, product, or device. You acknowledge that you obtain no proprietary rights in CambAir’s trademarks, service marks, trade names, URLs, copyrighted material, patents, or patent applications, and agree not to challenge CambAir’s proprietary rights. The compilation of all Data included in or made available through the Services and/or Products is the exclusive property of CambAir and is protected by UK and international copyright laws.
You retain ownership of the personal information you provide to subscribe to, access, and use the Products and Services, including your email address, name, username, and address (“User Information”). You grant CambAir and its affiliates a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, process, create derivative works from, and display the User Information solely for the purpose of providing and improving the Products and Services. You agree not to submit any sensitive data or special categories of data (as defined under applicable data protection laws) to CambAir or the Services. You are responsible for any such data submitted, and CambAir will treat such submissions as non-sensitive User Information, meaning CambAir will not be subject to additional obligations applicable to sensitive personal information. You agree to indemnify and defend CambAir and its affiliates from any claims, losses, damages, liabilities, or expenses arising from or related to your User Information.
We retain ownership of all rights to all data and information collected via the Services provided to you (excluding User Information) and/or Products purchased by you (collectively, the “Data”). This Data is our property, and we are entitled to use, reproduce, create derivative works from, share, license, distribute, and otherwise dispose of such Data in the course of our business. For 30 days following the expiration or termination of these Terms (except in the case of termination for your breach), you may access and copy the Data stored in the Services that was generated or collected by your Products, through means we provide, and retrieve all your Data.
16. Governing Law, Arbitration, and Class Action Waiver
These Terms, and any dispute or claim arising out of or relating in any way to these Terms or previous versions, your use (or the use by the company or Partner you represent) of the Products and/or Services, or any products sold or distributed by CambAir, shall be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any choice of law or conflict of law principles.
IN THE EVENT OF A DISPUTE OR CLAIM BETWEEN YOU (AND FOR CLARIFICATION, YOUR COMPANY OR PARTNER YOU ARE REPRESENTING) AND US (INCLUDING CambAir, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES), ARISING OUT OF OR RELATING TO THESE TERMS (INCLUDING NON-CONTRACTUAL DISPUTES, CLAIMS RELATED TO THE PRIVACY POLICY, YOUR USE OF THE PRODUCTS AND/OR SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY), THE PARTIES SHALL FIRST SEEK TO RESOLVE THE DISPUTE THROUGH NEGOTIATION. IF THE PARTIES CANNOT REACH A RESOLUTION WITHIN THIRTY (30) DAYS, OR SUCH OTHER PERIOD AS AGREED IN WRITING, THE DISPUTE, INCLUDING ANY QUESTION REGARDING THE SUBJECT MATTER OF THIS AGREEMENT, ITS EXISTENCE, VALIDITY, TERMINATION, OR ANY NON-CONTRACTUAL DISPUTES, SHALL EXCLUSIVELY BE REFERRED TO AND FINALLY RESOLVED BY ARBITRATION IN ACCORDANCE WITH THE ARBITRATION ACT OF 1996 (UK). THE PLACE OF ARBITRATION SHALL BE LONDON, UNITED KINGDOM, AND THE PROCEEDINGS SHALL BE CONDUCTED IN ENGLISH. THE INITIATION OF ARBITRATION PROCEEDINGS, THE PROCEEDINGS, AND ANY AWARDS SHALL BE TREATED AS CONFIDENTIAL. NOTHING IN THIS AGREEMENT WILL PREVENT CambAir FROM SEEKING INJUNCTIVE RELIEF (OR ANY OTHER PROVISIONAL REMEDY) FROM ANY COURT HAVING JURISDICTION OVER THE PARTIES TO PROTECT ITS INTELLECTUAL PROPERTY RIGHTS, KNOW-HOW, OR OTHER PROPRIETARY INFORMATION, AND NOTHING IN THIS AGREEMENT LIMITS CambAir’S RIGHTS TO TERMINATE OR CANCEL.
NEITHER YOU NOR WE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THESE TERMS. BY AGREEING TO THIS ARBITRATION CLAUSE AND CLASS ACTION WAIVER, YOU AND WE ARE WAIVING THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR CLASS-WIDE ARBITRATION RELATING TO CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PRODUCTS AND/OR SERVICES, INCLUDING ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
IF, FOR ANY REASON, THE ARBITRATION PROCESS UNDER THE ARBITRATION ACT OF 1996 IS DEEMED INVALID OR INAPPLICABLE, YOU AGREE THAT ANY ARBITRATION BETWEEN YOU AND CambAir WILL BE CONDUCTED UNDER THE CONSUMER ARBITRATION RULES OF THE BRITISH ARBITRATION ASSOCIATION ("BAA") THEN IN FORCE, AS MODIFIED BY THIS AGREEMENT. THE BAA RULES AND INSTRUCTIONS FOR INITIATING ARBITRATION CAN BE FOUND AT [BAA WEBSITE] OR YOU CAN CONTACT THE BAA AT [PHONE NUMBER].
YOU ALSO AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR IN CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON’S ACCOUNT, IF CambAir IS A PARTY TO THE PROCEEDING. YOU AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO YOUR USE OF THE PRODUCTS AND/OR SERVICES MUST BE FILED WITHIN ONE (1) YEAR OF THE CLAIM ARISING, OR BE FOREVER BARRED. THIS ARBITRATION AGREEMENT WILL SURVIVE THE TERMINATION OF YOUR RELATIONSHIP WITH US.
17. Warranty Disclaimer, Indemnification, and Limitation of Liability
We do not make any representations or guarantees regarding the Data contained in or accessed through any Product or Service. You acknowledge that CambAir is not liable for the accuracy, copyright compliance, or legality of such Data.
If you purchased a Product, it may come with a written, limited warranty provided by CambAir at the time of purchase, and/or a statutory minimum warranty as required by the laws in the jurisdiction of purchase. Such warranty is subject to the exclusions specified in Section 19 below.
Except where CambAir is legally bound to provide limited warranties, the Products and Services are provided "AS IS" and "AS AVAILABLE," without any kind of express or implied warranty, including but not limited to implied warranties of title, non-infringement, merchantability, fitness for a particular purpose, or warranties arising from course of performance or trade usage, all of which are expressly disclaimed. Without limiting the generality of the foregoing, we and our affiliates, directors, employees, agents, suppliers, partners, providers, and licensors do not warrant that: (i) the Products or Services will be secure or available at any particular time or location; (ii) defects or errors will be corrected; (iii) any content or software within the Products or Services is free from viruses or other harmful components; or (iv) the results of using the Products or Services will meet your expectations or requirements. You use the Products and Services at your own risk. If CambAir discontinues the Products or Services or terminates, non-renews, or cancels these Terms or your access to the Products and Services as allowed herein, you will not be entitled to any compensation, reimbursement, or claim for losses, expenses, or damages, direct or indirect.
If you purchased a Product from a third-party partner (such as a reseller or distributor), any claims, including warranty claims, must be made directly with the third party.
Limitation of Liability:
We and our affiliates, directors, employees, agents, suppliers, providers, and licensors are not liable for any indirect, incidental, special, consequential, or exemplary damages, or for the loss of profits, goodwill, data, use, or other intangible losses (even if we have been advised of the possibility of such damages) arising from your use of the Products and Services. Our total liability arising out of or related to your use of the Products and Services, regardless of whether the claim is based on contract, tort, or otherwise, will not exceed $100. Note that some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so this limitation may not apply to you in its entirety.
Indemnification:
You agree to defend, indemnify, and hold harmless CambAir, its affiliates, and their respective directors, employees, agents, suppliers, providers, and licensors from any liabilities, claims, damages, judgments, losses, costs, and expenses, including reasonable attorneys' fees, arising from your use or misuse of the Products or Services, or any violation of these Terms. We reserve the right to assume the exclusive defence of any indemnified matter, and in such cases, you will cooperate with us in asserting any available defences.
18. Miscellaneous
Severability:
If any provision of these Terms is deemed unenforceable or invalid, that provision will be modified to the minimum extent necessary, and the rest of these Terms will remain in effect.
Force Majeure:
We will not be liable for failure to perform obligations when such failure results from causes beyond our reasonable control, including mechanical, electronic, or communication failures.
Feedback:
You agree that CambAir may use your feedback, suggestions, or ideas without compensation, including in modifications of Products, Services, or future marketing. You grant CambAir a perpetual, worldwide, royalty-free, and fully transferable license to use such feedback.
Modification:
We reserve the right to modify or replace any part of these Terms or change, suspend, or discontinue the Products or Services at any time. Updated terms will be posted or communicated to you via email or other means. You are responsible for reviewing these Terms periodically for changes, and your continued use of the Products and Services constitutes acceptance of those changes.
Assignment:
These Terms are personal to you and may not be assigned or transferred without CambAir’s written consent. If you transfer a Product, your right to use the Services associated with that Product will terminate, and the new owner must register their own account. CambAir may assign or transfer its rights and obligations without your consent.
Agency:
No agency, partnership, joint venture, or employment relationship is created by these Terms.
No Waiver:
Our failure to enforce any part of these Terms does not constitute a waiver of our right to enforce that part or any other part later.
Headings:
The headings of sections are for convenience and do not affect the interpretation of these Terms.
Notices:
All notices under these Terms must be in writing. Notices to CambAir should be sent to support@CambAir.co.uk with the subject line "Attention CambAir Legal Department." If you purchased from a third-party Partner, contact the Partner directly.
Contact:
For general questions or comments, you can contact CambAir at CambAir, St John's Innovation Centre, Cowley Road, Cambridge CB4 0WS, United Kingdom
Copyright and Trademark Information:
Copyright © 2024, CambAir. All rights reserved. All trademarks, logos, and service marks (“Marks”) are the property of CambAir or their respective holders. Use of these Marks without written permission is prohibited.
Preprinted Terms:
Any preprinted terms on your purchase orders or other forms are not considered amendments to these Terms and are hereby rejected.
Confidential Information:
"Confidential Information" refers to non-public information disclosed by CambAir that is designated as proprietary or should reasonably be treated as confidential. Confidential Information does not include information that (a) is already known by the receiving party; (b) becomes publicly available without wrongful action; (c) is independently developed; or (d) is authorised for release by CambAir. The recipient agrees to protect such information and not disclose it to third parties. This obligation survives for five (5) years after the expiration of this agreement or until the information no longer qualifies as a trade secret.
Payment Terms:
Unless otherwise agreed, you must pay for Products and Services in advance. If payments are not made in advance, invoices are due within thirty (30) days. Late payments will incur a fee of 1.5% per month or the maximum amount allowed by law. If you are required by law to withhold taxes, you must remit the net amount and provide CambAir with satisfactory evidence of the withholding.
19. Warranty Exclusions
The warranty does not apply to Products that have been lost or stolen, batteries and chargers, damage caused by misuse, improper handling, unauthorised repairs, extreme conditions, or use outside the designated territory. It also excludes damage due to circumstances beyond CambAir’s control, including acts of God, war, terrorism, and other catastrophic events.
20. Additional Terms for Subscription Services
A "Subscription" refers to a fee-based agreement to access specific Services. Subscription fees are invoiced in advance for a minimum of twelve (12) months and automatically renew for consecutive terms unless you provide written notice of non-renewal 90 days before expiration. CambAir may suspend or terminate services for late payments or breaches of these Terms. Subscriptions may be subject to a late fee of 1.5% per month on overdue balances.