Terms of service for the Aira app
1. General
Aira Group AB, a company incorporated in Sweden with company registration No. 559352-3649 (“Aira”, “us”, “we”, or “our”) and its subsidiaries provide heat pumps (“Aira Pumps”) and other energy solutions for households. The Aira Pumps incorporate functionalities can be controlled via an application (the “Aira App”) installed on a mobile phone or a tablet (the “Device”).
When you buy an Aira Pump, you will be assigned a user account ("User Account") that entitles you to use the Aira App to control the functionalities of your Aira Pump.
These user terms of service (“User Terms”) govern your use of the Aira App. By downloading and installing the Aira App, you (“you”, “your” or “User”) agree (i) to enter into an agreement with us regarding your use of the Aira App ( “User Agreement”); and (ii) to be legally bound by these Terms of Use.
Please read the User Terms thoroughly before accepting them. If you do not accept all the User Terms, you may not enter into the User Agreement and will not be able to use the Aira App.
You can find more information about Aira and our products and services on www.airahome.com (“Website”). If you have any questions about these User Terms or our Services, please feel free to contact us (you can find our contact information on the Website).
2. About the Aira App
To use the Aira App, you need to have a Device that can run the Aira App and that can have remote access to your Aira Pump via wifi and/or Bluetooth. You accept and agree that these requirements are your sole responsibility. We advise that you always keep your Device’s operating system and the Aira App up to date.You can find information about the Aira App’s features and user guides in the Aira App itself.
3. User Agreement
Before you can use the Services, you need to enter into to a User Agreement that Aira Group AB is a party to. These User Terms form an integral part of the User Agreement.
You enter into the User Agreement by confirming in the Aira App that you have read and accepted the User Terms and that you are agreeing to enter into the User Agreement. Please read the User Terms, thoroughly before accepting them and entering into the User Agreement. If you do not agree to every provision of the User Terms, you may not the Aira App.
You may at any time terminate the User Agreement as set out in in section 16.
4. Fees
Using and accessing the Aira App is not subject to any fees or charges other than the fees charged to you under the separate agreement(s) for your purchase and use of your Aira Pump.
5. User Account
When you buy an Aira Pump, we will create a User Account for you. You are always responsible for ensuring that the contact information provided to us is correct, complete, and current.
Your User Account is personal, and you may not assign or otherwise transfer your User Account to another party. The aforesaid does not prevent you from giving members of your household access to your User Account.
During installation of the Aira App you will create your own personal login credentials (“Account Credentials”). You acknowledge and agree that you are fully responsible for all activities associated with your User Account.
Aira assumes no liability for any loss or damage arising from your failure to comply with all the above requirements.
Your User Account will remain active as long as the User Agreement is in force. Please note that just uninstalling the Aira App does not delete your User Account. Please also note that Aira may suspend your User Account and access to the Aira App in accordance with the provisions in section 16 below.
6. Your use of the Aira App
Subject to your compliance with these User Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license, valid during the term of the User Agreement, to (i) download and use the Aira App on your Device; and (ii) use the Aira App.
As a User of the Aira App, you undertake to
- use the Aira App only in compliance with the User Agreement and these User Terms,
- ensure that all passwords and other information required for your use of the Aira App are kept strictly confidential; and
- notify us immediately if you become aware of, or have reason to suspect, any unauthorized access or use of the Aira App.
7. Prohibited activities
You are solely responsible for compliance with all laws, rules and regulations that may apply to your use of the Aira App. In connection with your use of the Aira App, you may not and may not assist or enable others to:
- breach or circumvent any applicable laws or regulations or these User Terms;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by us or any of our providers or any other third party to protect the Aira App;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Aira App; or
- use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Aira App or any Content (as defined in section 11), except as expressly permitted by mandatory law; or
- take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Aira App.
8. Changes to the Aira App
We reserve the right to improve, enhance and modify the Aira App, including but not limited to making changes to operation methods, technical specifications, functionalities, and content, from time to time.
9. Availability
We use reasonable care and skill to keep the Aira App operational. We may from time to time take measures that may limit the availability of the Aira App such as service and maintenance and/or security related measures ("Maintenance"). We reserve the right to limit or suspend the provision of the Aira App for Maintenance at any time. Any planned restrictions or interruptions to the availability of the Aira App will, to the extent commercially reasonable, be scheduled at times when the use of the Aira App is typically expected to be low. We will make reasonable efforts to attempt to communicate planned Maintenance in advance, but do not warrant that such notice will always be provided.
10. Personal data
The processing of your personal data in connection with your use of the Aira App will be performed in accordance with applicable data protection legislation. For information about how we process your personal data, please refer to our privacy notice [https://www.airahome.com/en-gb/legal/privacy-policy].
11. Intellectual properties
Aira and its licensors are the sole owners of all rights including, but not limited to, all intellectual property rights to (i) the software and the services required for the provisioning of the Aira App; and (ii) any content that we make available on or through the Aira App, including proprietary Aira content and any content licensed or authorized for use by or through Aira from a third party (“Content”). Nothing in these User Terms or the User Agreement shall be construed as transferring any of the aforementioned rights, or parts thereof, to you.
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Aira or its licensors, except for the licenses and rights expressly granted in these User Terms.
12. Disclaimer
You acknowledge that the Aira App is provided to without any fees or charges other than the fees charged to you under the separate agreement(s) for your purchase and use of your Aira Pump. The Aira App will be provided with reasonable care and skill, but to the maximum extent permitted by applicable law, Aira and its licensors provide the Aira App “AS IS” and hereby disclaim all warranties, either express, implied or statutory, including but not limited to, warranties (i) that the Aira App will work without interruption or failure; (ii) of fitness for a particular purpose, (iii) of merchantability; (iv) of title; (v) of non-infringement; and (vi) that the Aira App will be free of viruses or malicious code.
13. Limitation of liability
In no event shall Aira or its director, officers, employees, shareholders, subsidiaries, affiliates, agents, suppliers or licensors be liable to you for (i) any indirect, incidental or consequential damages; (ii) any loss of data, business or profits (whether direct or indirect), in all cases arising out of the use or inability to use the Aira App; or (ii) aggregate liability for all claims related to the Aira App above EUR 20.00. Any liability that we may have for losses you incur is strictly limited to losses that were reasonably foreseeable. The aforementioned limitations of our liability do not limit our liability fraud, fraudulent misrepresentation, death or personal injury to the extent that applicable law would prohibit such limitation and for any other liability that may not be limited or excluded by applicable law.
14. Force majeure
Aira shall not be liable for late, inadequate or omitted performance in accordance with the User Agreement to the extent and during such time that a late, inadequate or omitted performance is to be attributed to circumstances beyond our reasonable control (”Force Majeure”). Any performances so suspended are to be resumed as soon as can be reasonably expected. Circumstances beyond Aira’s reasonable control include, but are not limited to, general strike and other labor or industrial disputes, fires, explosions, flooding, earthquakes, typhoons, epidemics, wars, government measures, new or changed legislation, riots, revolutions, sabotage or adverse weather conditions that we could not reasonably expect to prepare for or otherwise find a way around.
15. Term, termination and suspension
The User Agreement will enter into force at your acceptance of these User Terms and our confirmation thereof and will remain in force until terminated in accordance with these User Terms.
You may at any time terminate the User Agreement by contacting us. Please note that (i) just deleting the Aira App will not terminate the User Agreement; and (ii terminating your User Account will mean that you will not be able to use the Aira App, and that this will lead to limited possibilities for remote control of your Aira Pump.
Aira may terminate the User Agreement at any time or suspend your access to the Aira App if we have reasonable grounds to believe that you have breached the User Terms, if we stop providing the Spotify Service or any substantial part of it with reasonable notice to you as we deem necessary to comply with applicable laws. If we terminate the User Agreement or suspend your access to the Aira App because you have breached the User Terms or if it is necessary to comply with applicable law, you agree that, subject to mandatory laws, we will have no liability or responsibility to you, and (except as expressly provided in these User Terms) we will not refund any amounts you have already paid for use of the Aira App. If we terminate the User Agreement due to our ceasing to provide the Aira App or a substantial part thereof, we will make every reasonable effort to provide you with notice of termination including additional information about the termination, such as when it will take effect.
16. Messages and notices
You acknowledge and agree that we may send messages and notices electronically to you, using the contact details provided to us by you.
All communications and messages to you will be in the English language.
17. Assignment
You may not assign these the User Agreement, in whole or in part, nor transfer or sub-license your rights under these User Terms, to any third party. We may assign or delegate, in whole or in part, any of our rights or obligations under the User Agreement and these User Terms.
18. Changes to the User Terms
We may make changes to these User Terms from time to time by notifying you of such changes by any reasonable means (before they take effect), including but not limited trough the Aira App. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised User Terms or otherwise notified you of such changes. Your use of the Aira App following any changes to these User Terms will constitute your acceptance of such changes. If you do not wish to continue using the Aira App under the updated User Terms, you may terminate your User Account by contacting us. The effective date set forth at the bottom of this document indicates when these User Terms were last changed.
The current version of the User Terms is always available on the Website. A copy of the current version of the User Terms will be sent to you upon your request.
19. Other services
Other terms and conditions may apply for services that are not part of the Aira App. Such terms and conditions will be subject to your separate approval and acceptance.
20. Contact
Information about how to contact us is available on the Website.
21. Entire agreement
Other than as explicitly agreed upon in writing between you and Aira, the User Agreement (including the User Terms) constitutes all the terms and conditions agreed upon between you and Aira regarding your use of the Aira App and supersede any prior agreements in relation to the subject matter thereof, whether written or oral.
22. Governing law and jurisdiction
The User Agreement shall be governed by the laws Sweden without regard to choice or conflicts of law principles. The courts of Sweden shall have exclusive jurisdiction over any dispute, controversy or claim arising out of or in connection with the User Agreement, except where under applicable mandatory laws, you can choose to bring legal proceedings in your country of residence, or we are required to only bring legal proceedings in your country of residence.
23. Consumer rights
The User Terms do not exclude, limit or otherwise restrict the rights vested with consumers under applicable consumer law and shall not be construed as such.
As a consumer you are entitled to cancel the User Agreement within 14 days from the day when you enter into the User Agreement. However, if you start using the Aira App within these 14 days, your withdrawal rights are forfeited. Regardless of the aforementioned withdrawal rights, you may at any time terminate the User Agreement according to the provisions set out in section 16.
If you, as a consumer, want to make a claim regarding the Aira App, you may contact the Swedish National Board for Consumer Disputes (Sw. Allmänna reklamationsnämden, www.arn.searn.se). If you are resident in another country than Sweden, you may file a complaint online via the European Commission’s mediation platform, please refer to www.ec.europa.eu/consumers/odr.
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These User Terms are effective as of 18 March 2024.
