Terms & Conditions

Welcome to our website and online store! AirGradient and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.

PRIVACY

Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit AirGradient or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of AirGradient or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of AirGradient, with copyright authorship for this collection by AirGradient, and protected by international copyright laws.

TRADE MARKS

AirGradients trademarks and trade dress may not be used in connection with any product or service that is not AirGradients, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AirGradient. All other trademarks not owned by AirGradient or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AirGradient or its subsidiaries.

LICENSE AND SITE ACCESS

AirGradient grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of AirGradient. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AirGradient. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AirGradient and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing AirGradients name or trademarks without the express written consent of AirGradient. Any unauthorized use terminates the permission or license granted by AirGradient. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of AirGradient so long as the link does not portray AirGradient, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any AirGradient logo or other proprietary graphic or trademark as part of the link without express written permission.

ACCESS TO SERVICES

ACCESS AND USE

Subject to these Terms, AirGradient grants you a limited, non-transferable, non-exclusive, revocable, license (without the right to sublicense) to access and use the Services provided by AirGradient.

SOFTWARE UPDATES

AirGradient may from time to time develop upgrades and other modifications to improve the Services and/or the Product Software. These may be automatically installed. You consent to this automatic update. If you do not want such updates, stop using the application and delete the software from your device. If you do not terminate a previously created Account, you will receive updates automatically. Your continued use of the services and the product is your agreement to these Terms with respect to the Services.

RESTRICTIONS

The rights granted to you in these terms are subject to the following restrictions: (i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the services; (ii) you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the services; (iii) you agree not to access the services in order to build a similar or competitive service; (iv) except as expressly stated herein, no part of the services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (v) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, the Product, the Product Software, or any other system, device or property; (vi) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Services or violate the regulations, policies, or procedures of such networks; (vii) you agree not to access (or attempt to access) any of the Services by means other than through the interface that is provided by AirGradient; and (viii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Services. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.

SECURITY

AirGradient cares about the integrity and security of your personal information. However, AirGradient cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

INTENDED USE

The Services are intended to be accessed and used for non-time-critical information and control of AirGradient products. While we aim for the Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond AirGradient’s control, including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that AirGradient is not responsible for any damages allegedly caused by the failure or delay of the Services to reflect current status or notifications.

You acknowledge and agree that the products and services are not certified for emergency response. AirGradient makes no warranty or representation that use of the products or services will affect or increase any level of safety.

AirGradient does not guarantee or promise any specific level of air cleanliness or any health benefits from the use of the products or services or any feature of them, including following any guidance provided by the services. Air quality may vary with factors beyond AirGradient’s control or knowledge. From time to time, AirGradient may use the services to provide you with information that is unique to you and your air monitoring situation and may suggest ways to enhance or improve or otherwise alter your habits. AirGradient, to the extent permissible by law, accepts no liability regarding your actions based on the information provided by the services, and makes no warranties and representation about the applicability of such information or guidance to your specific needs.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. AirGradient and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. AirGradient reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant AirGradient and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant AirGradient and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify AirGradient or its associates for all claims resulting from content you supply. AirGradient has the right but not the obligation to monitor and edit or remove any activity or content. AirGradient takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All items purchased from AirGradient are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

INTERNATIONAL SALES

You are responsible for any VAT, tariff, duty, taxes, handling fees, brokerage charges, customs clearance charges, etc. required by your country for importing consumer goods.

PRODUCT DESCRIPTIONS

AirGradient and its associates attempt to be as accurate as possible. However, AirGradient does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by AirGradient itself is not as described, your sole remedy is to return it in unused condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY AirGradient ON AN “AS IS” AND “AS AVAILABLE” BASIS. AirGradient MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AirGradient DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AirGradient DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM AirGradient ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AirGradient WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting AirGradient, you agree that the laws of Thailand, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and AirGradient or its associates.

DISPUTES

Any dispute relating in any way to your visit to AirGradient or to products you purchase through AirGradient shall be submitted to confidential arbitration in Thailand, except that, to the extent you have in any manner violated or threatened to violate AirGradients intellectual property rights, AirGradient may seek injunctive or other appropriate relief in any state or federal court in the state of Thailand, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to AirGradient. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

QUESTIONS:

Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the “Contact Us” link in the side menu. Or you can email us at: support@airgradient.com