Terms of Use


PLEASE READ THE FOLLOWING TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY AIRx Health®, INC. (“AIRx”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR EACH USER’S (AS DEFINED BELOW) USE OF THE AIRx HEALTH SERVICE INCLUDING, WITHOUT LIMITATION, ANY OTHER SOFTWARE, SERVICES, FEATURES, CONTENT, WEBSITES (OR OTHER LINKED PAGES) OR APPLICATIONS (INCLUDING WITHOUT LIMITATION MOBILE AND WEB APPLICATIONS) OFFERED, FROM TIME TO TIME, BY AIRx IN CONNECTION THEREWITH (COLLECTIVELY “SERVICE(S)”). BY USING THE SERVICE IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WANT TO BE BOUND BY THIS AGREEMENT DO NOT USE ANY PRODUCT OR SERVICE PROVIDED BY AIRx. BY AGREEING TO THIS TERMS OF SERVICE YOU ARE ALSO REPRESENTING THAT YOU ARE OF THE APPROPRIATE LEGAL AGE TO ENTER INTO SUCH AN AGREEMENT.


Service and Registration Process


The Service is designed to assist you (“you,” the “User”) in monitoring  and tracking a portion of your vitals and symptoms of your chronic lung condition between healthcare visits. You may use the Service in connection with the Product only after you have purchased the Product or received it from a healthcare provider, insurance company or other entity (“Sponsor”). 


Whether you purchase the Product from AIRx Health or receive it from a third-party Sponsor, such as a health-care provider, employer or an insurance company, the terms of this Agreement will apply to the use of the Service.


AIRx Health reserves the right, in its sole discretion, to modify or replace all or any part of the Terms of Use (including, without limitation, pricing and payment terms set forth in “Fees and Payment”), or change, suspend, or discontinue all or any part of the Service at any time by posting a notice on the Service or by sending you an email. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.


Any information you provide AIRx Health shall be accurate, complete and updated. You are solely responsible for the activity that occurs on your account and for maintaining the security of the Application and any information you input to the Application. You shall not use or access another user’s account without such other user’s express permission. You will immediately notify AIRx Health in writing of any unauthorized use of your account, or any other account-related security breach of which you are aware. The Service is available only to individuals who are adults.


Registration and Account Integrity


a) As part of the registration process you will need to create an account, including your name and phone number. It is your responsibility to ensure that the information you provide is accurate, not misleading and secure. We reserve the right with or without notice to suspend or terminate any account in breach.


b) Where we provide an organization with a number of user licenses for the Service, the same terms related to registration and account integrity outlined in this section must be adhered to. User licenses cannot be shared between users. A breach of this clause will result in termination of the abused accounts and/or all accounts provided to the organization.


c) If for any reason you suspect that your username and password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username and password or other details..


Use of Your Information


If you create, transmit, submit, display or otherwise make available information while using the Service, you may provide only information that you own or have the right to use. When you provide access to any such information through the Service, you give AIRx Health a license to fully use and exploit that information in connection with providing you the Service. However, AIRx Health may only use the information you provide as permitted by the AIRx Health Privacy Policy, and applicable law. For example, AIRx Health will never share your personally identifiable information without your prior permission.  Please closely review our Privacy Policy for more information regarding how we use and disclose your personal information. Our Privacy Policy is hereby incorporated into these Terms of Use by this reference. AIRx Health currently hosts the Product in a facility located in the United States.


Not Medical Advice


AIRx Health does not offer medical advice or diagnoses, or engage in the practice of medicine. Our Service is not intended to be a substitute for professional medical advice, diagnosis, or treatment and is offered for informational purposes only. Always seek the advice of your physician or other qualified health provider with any questions regarding your medical condition or the use (or frequency) of any medication or medical device. Never disregard professional medical advice or delay in seeking it because of something you have read in connection with our Service.


You are solely responsible for any decisions or actions you take based on the information and materials available through the Service. Reliance on any information provided by AIRx Health or in connection with the Service is solely at your own risk.


If you think you may have a medical emergency, call your doctor or 911 immediately.


Third Party Services and Sharing of Personal Data


AIRx Health may provide Users with links to, or contact information for, third party sites or services. AIRx Health is not responsible for, and does not endorse, any third-party content, sites, or services including, without limitation, any health care providers, products, tests, procedures, services, opinions, or web sites accessed or mentioned on the Service.


API Access


AIRx Health will provide API access to customers and partners on a case-by-case basis. We traditionally only provide access to AIRx Health APIs to professional or enterprise customers (health systems, insurance companies, pharmaceutical companies, ACOs, physicians and other partners). To request API access, contact info@AIRx Health.com.


Use of any third party sites and/or services is solely at your own risk.


AIRx Health also may enter into business arrangements with third-parties, including Sponsors, which will allow you to share your personal data with them. Whether to share your personal data with these third-parties will be up to you. By properly following instructions provided to you by AIRx Health and these third-parties, you will be able to decide whether you want to share any personal data with these third-parties.


Sharing of your personal data with a third-party is solely at your own risk.


Rules and Conduct


As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use or other rules or policies implemented by AIRx Health from time to time. The Service (including, without limitation, any Content) is provided only for your own personal, non-commercial use.


For purposes of the Terms of Use, the term “Content” includes, without limitation, any information, data, text, photographs, videos, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by AIRx Health or its partners or Sponsors on or through the Service. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; or (iv) impersonates any person or entity. AIRx Health reserves the right to remove any Content from the Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content, or if AIRx Health is concerned that You may have violated the Terms of Use), or for no reason at all.


Furthermore, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on AIRx Health’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures AIRx Health may use to prevent or restrict access to the Service (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of the Service; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.


Alerts Provided By AIRx Health


AIRx Health may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes made to your AIRx Health account. Voluntary account alerts may be turned on by default as part of the Service. Some of these alerts may then be customized, deactivated or reactivated by you. These alerts allow you to choose certain alert messages for your accounts. AIRx Health may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.


Electronic alerts will be pushed to the AIRx Health Application, presented when you access the Service with a web browser or can be sent to the email address or phone you have provided as your contact for AIRx Health. If your phone number or email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have certain alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.


Because alerts are not encrypted, we will never include your password. However, alerts may include some information about your accounts. Information such as average oxygen levels and related patterns, or medication information may be included. Anyone with access to your email or mobile device will be able to view the content of these alerts.


You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. AIRx Health will do its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that AIRx Health shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.


Commercial Use Requires Separate Agreement


As noted above, the Service (including without limitation, any Content) is provided to you for your personal, non-commercial use. If you are interested in using AIRx Health in a professional or commercial environment including accessing data from individual AIRx Health users leveraging the AIRx Health CSV or Application Programmer Interfaces (API’s), you must contact AIRx Health to obtain and agree to other written terms and conditions (e.g. a HIPPA Business Associate Agreement/BAA).


Fees and Payment


Though the use of our website and the Application is currently free in some countries, we reserve the right to require payment of fees for certain or all Services. In the numerous countries or regions, use of Services require that a User pay fees. During or after registration for the Service, AIRx Health will supply details associated with the fees in these countries and how to pay the necessary fees. You understand and agree that the purchase or use of the Product is governed by the Product Terms of Sale. You agree to timely pay all applicable fees in connection with your use of the Service. We reserve the right to change our fees and to institute new charges at any time, with no less than sixty (60) days prior notice to you, which may be sent by email or posted on the Service. Your use of the Service following such notification constitutes your acceptance of any new or increased charges.


Pricing, Plans and Features


For current pricing and plans please contact AIRx Health @ info@airxhealth.com.


Payment and Credit Control


a) All services are automatically billed monthly charged via the credit/debit card you provided when purchasing the AIRx Health subscription service.


b) Where the Service has been paid for 1 month in advance, payment will be taken in full on each anniversary.


c) It is a condition of use that a valid debit or credit card is provided at all times in order for your account or accounts to remain active.


d) Where a credit or debit card payment request is made by us and is declined by your card company or bank (for whatever reason) access to your account or accounts may be suspended immediately until such time as a valid payment has been processed and a valid credit or debit card is associated with your account or accounts.


e) It is the responsibility of the user to notify AIRx Health of their transition to a Sponsored account, otherwise they’ll continue to be billed.


Returns


Our return policy will be a “no questions asked” refund for the first 30 days after purchase. For product defects, a free replacement will be provided for the duration of the user’s subscription, after the customer returns the defected product to AIRx Health. The customer is responsible to cover the return shipping costs.


Cancellation


There is no cancellation fee.


Support


AIRx Health offers email-based and online support tools. You may access support resources or contact our support by visiting https://support.AIRxHealth.com/. In some countries, regions or associated with certain partners, AIRx Health may direct you to obtain support from 3rd party service providers. AIRx Health does not make any promises regarding how quickly we will respond to your request for support, or that we will be able to fix any problems you may be having. Any suggestions by AIRx Health regarding use of the Services shall not be construed as a warranty.


Termination


AIRx Health may terminate your access to all or any part of the Service at any time if you fail to comply with these Terms of Use. This may result in the forfeiture and destruction of all information associated with your membership and will immediately terminate your ability to use the Service in any way. If you wish to terminate your account, you may do so by ceasing use of the Product, and deleting the Application. All provisions of the Terms of Use, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.


Warranty Disclaimer


THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. AIRX HEALTH AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


Indemnification


You shall defend, indemnify, and hold harmless AIRx Health, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Service, or (ii) your violation of the Terms of Use or any applicable law, contract, policy, regulation or other obligation. AIRx Health reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with AIRx Health in connection therewith.


Limitation of Liability


TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AIRX HEALTH (NOR ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR YOUR RELIANCE ON THE SERVICE (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY YOU FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE APPLICABLE CLAIM OR (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF AIRX HEALTH HAS BE ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.


Dispute Resolution


A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and AIRx Health agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Santa Clara County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving commercial contract disputes. The prevailing party in the arbitration (or permissible court action described below) shall be entitled to receive reimbursement of its reasonable expenses incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in the Northern District of California.


You also acknowledge and understand that, with respect to any dispute with AIRx Health, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:


-YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND


-YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.


The Application


In order to use the Service, you must download the Application, access it with a web browser or communicate via phone. The following shall apply to your use of the Service in connection with the Application:


Both you and AIRx Health acknowledge that this Agreement is concluded between you and AIRx Health only; and not with Apple or Google or any other manufacturer’s products that you might use to access AIRx Health, and that Apple or Google or or any other manufacturer’s products that you might use to access AIRx Health is not responsible for the Application or the Content;


-The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis. The Application is solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Service;


-You will only use the Application in connection with an Apple or Android device that you own or control;


-You acknowledge and agree that Apple/Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;


-In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure. Upon such notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;


-You acknowledge and agree that AIRx Health, and not Apple or Google, is responsible for addressing any claims you or any third party may have in relation to the Application;


-You acknowledge and agree that in the event of any third party claim that the Application, or your possession and use of the Application, infringes upon that third party’s intellectual property rights, AIRx Health, and not Apple or Google, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;


-You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;


-Both you and AIRx Health acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and


-Both you and AIRx Health acknowledge and agree that Apple/Google and Apple’s/Google’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple/Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.


Modification


AIRx Health may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the AIRx Health site and/or e-mailed to you. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.


Miscellaneous


The Terms of Use are the entire agreement between you and AIRx Health with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and AIRx Health with respect to the Service. Notwithstanding the foregoing, the parties acknowledge the existence and validity of the Product, which governs your use of the Product, if applicable. In the event of any conflict between this Agreement and either Terms of Sale document, the applicable Terms of Sale document shall control with respect to the subject matter of such Terms of Sale only. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Terms of Use are personal to you, and are not assignable or transferable by you except with AIRx Health’s prior written consent. AIRx Health may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.


Contact

If you have any questions regarding the Service, please contact AIRx Health at info@airxhealth.com, or you may fill out this form.

AIRx Health, Inc. Cupertino, California USA 95014

Effective Date: Feb 20, 2019