ALVI Terms of Service
This website is owned and operated by CleanAir.ai Corporation and its subsidiaries and affiliates (collectively “CleanAir.ai”, “ALVI,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your legal rights to use or access services, software, mobile applications, and websites (the “Services”) and hardware products or devices (“Products”). The definitions of Services and Products are limited to those that are manufactured, sold, provided, or offered by CleanAir.ai. These Terms also govern your legal rights with respect to Third Party Services (defined below). Please read these Terms carefully before purchasing or using the Products or Services or purchasing or using Third Party Services. By using or accessing the Products or Services or purchasing or using Third Party Services, you signify your acknowledgement and assent to the terms and conditions of use set forth below. These Terms (together with other user agreements, where applicable) constitute a binding legal agreement between you and CleanAir.ai (this “Agreement”). Please read these Terms closely because they contain important information about automatic renewal, a class action waiver, and an arbitration provision, requiring you to arbitrate any claims you may have against CleanAir.ai on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. *If you do not agree with these Terms, please do not purchase or use Products or Services or Third-Party Services. *
This Agreement represents the entire understanding relating to your purchase or use of the Products and Services or Third-Party Services and prevails over any prior or contemporaneous, conflicting or additional communications between you and CleanAir.ai. All rights not expressly granted herein are reserved by CleanAir.ai. However, to the extent your use of a Product or Service involves or is integrated with products or services of affiliated companies, any terms and policies covering those products or services may also apply.
Specific areas or pages of CleanAir.ai ’s websites may include additional or different terms relating to the purchase or use of the Products and Services or Third-Party Services. In the event of a conflict between such specific terms and these Terms, the specific terms shall control. The term “you,” as used in these Terms, includes (i) and (ii) as follows: (i) the following “Owners”: any person or entity who either (a) purchases a Product or Service, or (b) is the owner of the Product and creates an account associated with the Product, and (ii) the following “Covered Parties”: (a) any members of an Owner’s household, or (b) any person or entity that accesses or uses the Owner’s Products or Services. Covered Parties are responsible for their own actions in connection with the Products and Services, but Owner hereby consents to these Terms on behalf of all Covered Parties and agrees to be fully responsible for all actions taken by Covered Parties relating to the Owner’s Products, Services and account, including, without limitation, minor children or wards, regardless of age. As a result, if you are an Owner, you should allow only those individuals that you trust to access your account, Products, and Services.
You must be at least 13 years old to use the Products and Services. If you are between the ages of 13 and 18, you may use these Products and Services only with the consent and under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a Covered Party under the age of 18, you consent to these Terms on behalf of such Covered Party and you are fully responsible for the acts of such Covered Party in relation to the Products and Services. All Owners and Covered Parties, regardless of age, agree to these Terms, including, without limitation, the arbitration provision and class action waiver.
If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer collectively to you personally and to that organization or entity).
CHANGES TO THIS AGREEMENT AND SERVICES
Except as set forth in the Dispute Resolution section, CleanAir.ai is free to revise these Terms or any other part of this Agreement at any time by updating this page. If we make changes to these Terms that we consider material, we will make reasonable efforts to notify you by placing a notice on the ALVI website, notifying you through the Services, by sending you an email, or by some other means. By continuing to use the Products and Services after such changes, you are expressing your acknowledgement and acceptance of the changes. Please check these Terms periodically for updates.
We’re always trying to improve the Products and Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Products or Services. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice. We may change any aspect of the Products or Services, including, without limitation, the applicable fees and/or features related to the Products or Services, at any time and for any reason in our sole discretion.
We are also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in this Agreement.
ACCESS AND USE; GUIDELINES FOR INSTALLATION AND USE
All right, title and interest in the Services and content provided through the Products and Services (including without limitation information, documents, logos, graphics, designs and images) are owned by CleanAir.ai, its licensors, or designated third parties. Subject to these Terms, CleanAir.ai grants you a limited, non-transferable, non-exclusive right to access and make personal and non-commercial use of the Products and Services. Notwithstanding the foregoing, businesses may purchase Products and use the Services for their own internal, lawful business purposes (such as using Products on their business premises or enabling tenants to use the Products); however, this license does not include any right to resell Products or Services, or otherwise make the Products or Services available for third parties.
Privacy and other laws applicable in your jurisdiction may impose certain responsibilities on you and your use of the Products and Services. You agree that it is your responsibility, and not the responsibility of CleanAir.ai, to ensure that you comply with any applicable laws when you use the Products and Services, including but not limited to:
(1) any laws or regulations relating to the recording or sharing of video or audio content, (2) any laws or regulations requiring that notice be given to or that consent be obtained from third parties with respect to your use of the Products or Services (for example, laws or regulations requiring you to display appropriate signage advising others that audio/visual recording is taking place), and/or (3) any laws or regulations requiring (a) that installation of any Product which takes visual and/or audio recordings be installed at such an angle that it does not take any recordings beyond the boundary of your property (including public pavements or roads); and (b) that, if you use your property as a workplace, you comply with laws governing the monitoring of employees.
If your use of the Services or any Products is prohibited by applicable laws, then you aren’t authorized to use the Services or Products. We can’t and won’t be responsible for your using the Services or any Products in a way that breaks the law.
You may be required to sign up for an account and select a password and username (“User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. Also, you will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
You represent, warrant, and agree that you will not capture or contribute any Content (as defined below) or otherwise use the Services or Products or interact with the Services or Products in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including us).
- Violates any law, ordinance, or regulation, including privacy and other laws referenced above and any applicable export control laws;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your CleanAir.ai account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of autoresponder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Copies or stores any significant portion of the Content, except as permitted through intended use of a Product or Service feature; or A violation of any of the foregoing is grounds for termination of your right to use or access the Products and Services.
PRODUCTS FACILITATING ACCESS TO PROPERTY
Some Products facilitate access to a property. If you are installing one of these Products at a property owned, operated or managed by a third party or where other individuals live, work or are otherwise present (collectively, “Other Parties”), you represent and warrant to us that you have notified those Other Parties, to the extent required by law, and obtained all approvals, permissions, consents and authorizations, if and as required from such Other Parties, for installation and operation of the Product at the installation location, use of the Product to facilitate individuals, including delivery drivers, to have unaccompanied access to the location for deliveries to you and others, and removal of the Product.
You further represent and warrant to us that the location where the Product is installed is safe for individuals who access the property, including those who access by using the Product, and that the installation of the Product at that location will not disrupt or negatively affect any other systems, locks, or other protections or infrastructure of the property.
TRADEMARKS AND COPYRIGHTS
Nothing on or in the Products or Services shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of CleanAir.ai or any third party, whether by estoppel, implication or otherwise. All trademarks and trade names are the property of their respective owners.
Except as otherwise noted, CleanAir.ai is the owner of all trademarks and service marks on or in the Products and Services, whether registered or not, including, without limitation, CleanAir.ai, ALVI and ALVI CleanAir Safety System®.
CleanAir.ai expressly forbids the unauthorized use of its logos, trademarks or other graphics to create links. All registered trademarks are registered in the United States of America (and/or other applicable jurisdictions).
What if I see something on the Services that infringes my copyright?
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like CleanAir.ai, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.
You are solely responsible for all your Content (including Content you share through the application). “Content” means all audio, video, images, text, or other types of content captured by Products or provided to us (including content posted by you) in connection with the Services. You represent and warrant that:
(a) you own the intellectual property rights in Content posted by you or otherwise have the right to post the Content and grant the license set forth below, and (b) the posting and use of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person.
You hereby grant CleanAir.ai and its licensees an unlimited, irrevocable, fee free and royalty-free, perpetual, worldwide right to use, distribute, store, delete, translate, copy, modify, display, and create derivative works from such Content that you share through Services including, without limitation, the ALVI Community, or via a share link, for any purpose and in any media format. You shall not use, reproduce, modify, upload, publish, transmit, distribute, display, or otherwise exploit for any purposes whatsoever any Content: (i) not owned by you without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. CleanAir.ai reserves the right, but shall not be obligated, to remove any Content from the Services at any time in its sole and absolute discretion. You agree that you will indemnify CleanAir.ai for all claims and resulting from Content you share through Services, including, without limitation, ALVI application or ALVI Community. If you see Content that you believe violates these Terms, please flag it in the mobile application or report it to us by emailing firstname.lastname@example.org
ALVI FILTER MEDIA REPLACEMENT SUBSCRIPTIONS
When you choose to subscribe to an ALVI Filter Media Replacement Plan (“ALVI Filter Plan”), we will automatically receive for storage filter status data captured by your Products that are associated with your ALVI Filter Plan (“ALVI Filter Data”). For more information on the ALVI Filter Plan, please see ALVI Filter Subscription Plans and Privacy.
PROMOTIONAL TRIAL AND SUBSCRIPTIONS
You may enjoy the ALVI Filter Plan in the following ways:
Promotional Trials. We sometimes offer certain customers various trial or other promotional subscriptions to ALVI Filter Plans, which are subject to these Terms except as otherwise stated in the promotional offers. Trial subscribers may at any time choose not to continue to a paid subscription at the end of the trial period. If you do not enter into a paid subscription for a ALVI Filter Plan before the end of your trial period, if any, your ALVI Filter Data may be deleted.
Paid Monthly and Annual Subscriptions. When you first set up your Product through the Services, or at any time after you begin using your Product, you may enjoy the ALVI Filter Plan by enrolling in a monthly or annual paid subscription plan, which will continue until you or we cancel your subscription. These subscription plans entitle you to access the ALVI Filter Plan for each payment period until such subscription is cancelled. Your paid subscription will automatically commence:
- immediately, or on the first day following the end of your applicable trial period, if you purchased your subscription on the ALVI Website; or
- the later of (i) when you attach the subscription to the Product in the ALVI application or on amazon.com, or (ii) on the first day following the end of your applicable trial period if you attach the subscription to the Product while your applicable trial is active, if you purchased your subscription on amazon.com.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR ALVI FILTER PLAN WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE CLEANAIR.AI (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEES AND ANY TAXES FOR EACH SUCCESSIVE TERM, USING ANY PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
Subscription fees are billed or charged on the first day of the applicable subscription period. If any payment is not received, is returned unpaid or if any credit card or similar transaction is rejected or denied, CleanAir.ai reserves the right to cancel your ALVI Filter Plan subscription unless you provide us with a new payment method. If you provide us with a new payment method and are successfully charged before your subscription is cancelled, your new subscription period will be based on the original renewal date and not the date of the successful charge.
To the extent applicable, if you choose to pay by direct debit, you agree that we may take the charge as early as the first day of the applicable subscription period. If you enroll for a paid subscription on or after the expiry of your free trial, we may take charge on the same day as you enroll. We will confirm the mandate by email once you have enrolled and will give you advance notice of future charges after the initial charge.
By purchasing ALVI Filter Plans on amazon.com, you also agree to Amazon’s Conditions of Use and Privacy Notice.
Cancellation of Subscription Services. For more information about canceling your monthly or annual ALVI Filter Plan, please contact us at email@example.com if you purchased your subscription on the ALVI Website. If you purchased your subscription on amazon.com, you can cancel or adjust your subscription settings in Your Memberships & Subscriptions within your Amazon.com account. After your cancellation, you will continue to enjoy access to the ALVI App and your data until your filter media requires changing.
Lifetime Plans. Certain Products are sold with a lifetime subscription plan (for example, the applicable Products sold in X Line bundles).
CONTENT, AND PERMISSION FROM YOU
CleanAir.ai does not claim ownership of your intellectual property rights in your Content. Other than the rights you grant to us under these Terms, you retain all rights you have in your Content.
However, by purchasing or using Products and Services, you give CleanAir.ai the right, without any compensation or obligation to you, to access and use your Content for the limited purposes of providing Services to you, protecting you, improving Products and Services, developing new Products and Services, and as otherwise set forth in the Privacy Notice. Additionally, by electing to publicly share your Content via the Services to other users or the general public, in addition to the license granted above, you giveCleanAir.ai the right, without any compensation or obligation to you, to access and use your Content and related location information for the purposes of publicly sharing such recordings and information with current and future users and allowing those users to comment on the Content.
In addition to the rights granted above, you also acknowledge and agree thatCleanAir.ai may access, use, preserve and/or disclose your Content to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if we have a good faith belief that such access, use, preservation or disclosure is reasonably necessary to:
(a) comply with applicable law, regulation, legal process or reasonable preservation request; (b) enforce these Terms, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety ofCleanAir.ai, its users, a third party, or the public as required or permitted by law.
Deleted Content and ALVI Filter Data may be stored byCleanAir.ai in order to comply with certain legal obligations and are not retrievable without a valid court order.
Risk of Loss
All purchases of physical items fromCleanAir.ai are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
If, for any reason, you decide to return Product that you purchased from us for a refund, you must notify us and return the Product to us within thirty (10) days from the date the Product was delivered. * Items purchased on the ALVI Website between November 1 and December 31, may be returned through January 10 of the immediately following year. CleanAir.ai does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, CleanAir.ai does not take title to the refunded item. For more information about our returns and refunds, please see the Return Policy.
Order Limits / End-User Customers Only
CleanAir.ai reserves the right, in its sole discretion, to refuse or cancel any order and limit order quantity. CleanAir.ai may also require additional qualifying information prior to accepting or processing any order. The ALVI website sells products to end-user customers only, and we reserve the right to refuse or cancel your order if we suspect you are purchasing products for resale.
THIRD PARTY SERVICES
You may be allowed to access or acquire through CleanAir.ai, certain products, websites, applications, content or services from third parties (“Third Party Services”), including Virtual Security Guard. In some cases, you may be purchasing the Third-Party Services directly from those third parties, not from CleanAir.ai. A description or reference to any Third-Party Service by or through Services (including any description or reference via hyperlink) does not imply endorsement by CleanAir.ai of such Third-Party Service. These Third-Party Services are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. CleanAir.ai has no control over the content or policies of such Third-Party Services, and we are not responsible for (and under no circumstances shall we be liable for) the contents, accuracy, reliability, quality or security of any such Third-Party Service. Third Party Services may be subject to their own warranties, terms of service, and privacy policies. You may be required to agree to those third-party terms to use the Third-Party Services. Please review all information about Third Party Services before purchasing them through CleanAir.ai. Those who choose to access information provided by third parties (including any information obtained through Services) are solely responsible for the compliance of such information with any applicable law.
From time to time, CleanAir.ai may develop updates, upgrades, patches and other modifications to improve the performance of the Services and/or the Products or for other reasons in our sole discretion (“Updates”). You agree that CleanAir.ai may automatically install such Updates without providing any additional notice to you or receiving any additional consent from you.
CleanAir.ai is pleased to hear from its customers. However, we do not accept or consider any unsolicited creative ideas, suggestions or other materials related to products, services or marketing. Anything you disclose or offer to us by or through websites or Services (“communications”), including e-mails to CleanAir.ai or postings on interactive portions of websites, shall be deemed and shall remain the property of CleanAir.ai. If you send us such communications, you do so on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such communications. CleanAir.ai is free to use, for any purpose whatsoever, any communications, including but not limited to publishing, developing, manufacturing, and marketing Products or Services using such communications. By submitting communications to us through websites, via e-mail, or by any means, you hereby RELEASE CleanAir.ai from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any such communications. By uploading or otherwise providing any communications to websites or to CleanAir.ai, you hereby grant CleanAir.ai, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify, and create derivative works from such communications for any purpose and in any media without compensation to you.
PRODUCTS AND SOFTWARE
Downloading or using CleanAir.ai software (including mobile applications) does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with these Terms. Such software is copyrighted by CleanAir.ai or its licensor(s) and may be protected by one or more patents owned by CleanAir.ai or its licensor(s). Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble or otherwise reverse engineer the software. Products and Services offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such Product or Service. These Terms apply to your use of all the Products and Services, including software that may be downloaded to your smartphone or tablet to access the Services (the “Application”). The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Products and Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Products and Services. You will only use the Application in connection with a device that you own or control. 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.
NO LIFE AND SAFETY OR CRITICAL USES; BACKUPS
You acknowledge that Products and Services are not intended for a third-party monitored emergency notification system and that we do not monitor emergency notifications and will not dispatch emergency authorities to your home in the event of an emergency. CleanAir.ai makes no warranty or representation that use of the Products or Services will affect or increase any level of safety. You acknowledge that the Products and Services are not intended to be 100% reliable and are not a substitute for a third-party monitored emergency notification system. We cannot and do not guarantee that you will receive notifications in any given timeframe or at all. All life threatening, safety and emergency events should be directed to the appropriate response services.
We strongly suggest that you backup any important Content (for example, by downloading and locally saving any such Content). You are solely responsible to backup your Content to another location outside the Services to avoid loss of your Content and other data.
Certain subscriptions include Services that enable Products to provide Internet access (“Internet Service”). By purchasing or accessing the Internet Service, you consent to the additional terms available on the ALVI Website, which are hereby incorporated.
NO REPRESENTATIONS OR WARRANTIES
This website may contain errors and may not be complete or current. CleanAir.ai therefore reserves the right to the fullest extent allowed by law to correct any errors or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors or omissions may relate to Product or Service descriptions, pricing and availability. We reserve the right to the fullest extent allowed by applicable law to cancel or refuse to accept any order. We apologize for any inconvenience.
EXCEPT FOR THE LIMITED WARRANTY PROVIDED ON THE ALVI WEBSITE, THE PRODUCTS AND SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’, AND CLEANAIR.AI DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DO WE IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE OR THE SERVICES. WE DO NOT WARRANT THAT THE PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
EXCLUSION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CLEANAIR.AI BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE, THE PRODUCTS, OR THE SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL CLEANAIR.AI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PRODUCTS OR SERVICES AT ISSUE WITHIN THE PRIOR TWELVE (12) MONTHS. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. CLEANAIR.AI DISCLAIMS ALL LIABILITY OF ANY KIND OF CLEANAIR.AI’S LICENSORS AND SUPPLIERS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL CLEANAIR.AI BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF OR EXPOSURE TO ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
YOU USE THE PRODUCTS AND SERVICES AT YOUR OWN RISK. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH YOUR USE OF THE SERVICE, AND YOU AGREE TO HOLD CLEANAIR.AI THE HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON YOUR USE OF THE PRODUCT OR SERVICES, INCLUDING CLAIMS FOR LOST DATA OR CONTENT, WORK DELAYS OR LOST PROFITS RESULTING FROM YOUR USE OF THE PRODUCT OR SERVICES.
THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
CLEANAIR.AI IS NOT RESPONSIBLE FOR INTERRUPTIONS OR DELAYS TO A PRODUCT OR SERVICE THAT ARE CAUSED BY FORCE MAJEURE OR OTHER EVENTS OUTSIDE OF CLEANAIR.AI’S CONTROL, INCLUDING WITHOUT LIMITATION THE FOLLOWING: ANY WAR WHETHER DECLARED OR UNDECLARED, FIRE, FLOOD, EXTREME WEATHER, ACCIDENT, EXPLOSION, ACT OF TERRORISM, GOVERNMENTAL ORDERS, REGULATIONS, RESTRICTIONS OR PRIORITIES, STRIKE, LOCKOUT OR OTHER LABOR TROUBLES OR DISRUPTIONS, CYBER ATTACKS, CIVIL DISORDER, NATURAL DISASTERS (INCLUDING FIRES, FLOODS, EARTHQUAKES, AND SEVERE WEATHER), PUBLIC HEALTH EPIDEMICS, DESTRUCTION OF NETWORK FACILITIES OR TRANSPORTATION INFRASTRUCTURE, OR ANY OTHER CAUSE BEYOND THE ABSOLUTE CONTROL OF CLEANAIR.AI FOR THE DURATION OF AN INTERRUPTION.
JURISDICTION AND CHOICE OF LAW
CleanAir.ai controls and manages the Services from its facilities in the Province of Ontario in Canada. Unless otherwise stated, materials and content on the Services are presented solely for promoting Products and Services in Canada. Information published on the Products and Services may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on the Products or Services are legal, available or appropriate in your country or region.
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and Canada, without giving effect to any principles of conflicts of law.
Mandatory, Bilateral Arbitration and Waiver of Class Actions PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
YOU AND CLEANAIR.AI AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF THE SERVICES AND/OR PRODUCTS, TO THIS AGREEMENT, OR TO THE CONTENT, ANY RELATIONSHIP BETWEEN US AND/OR ANY RECORDING ON THE SERVICES AND/OR PRODUCTS SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION, except that (1) you may assert claims in small claims court in your county of residence within Canada if your claims qualify; and (2) this agreement to arbitrate does not include your or CleanAir.ai’s right to seek injunctive or other equitable relief in provincial or federal court in Toronto, Ontario to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Arbitration Act, 1991, S.O. 1991, c. 17., and provincial arbitration law apply to this Agreement and govern all questions as to whether a dispute is subject to arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award the same damages and relief as a court (including private or public injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms.
“Disputes” shall include, but are not limited to, any claims or controversies between you and CleanAir.ai against each other related in any way to or arising out of in any way from this Agreement, the Services, the Products, and/or the Content, including but not limited to sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and CleanAir.ai, even if the claim arises after you or CleanAir.ai has terminated Services or a user account. Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; or (b) CleanAir.ai brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and CleanAir.ai, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (ii) claims that arose before these Terms or out of a prior set of Terms with CleanAir.ai; (iii) claims that are subject to on-going litigation where you are not a party or a class member; and/or (iv) claims that arise after the termination of these Terms.
Before initiating an arbitration, you and CleanAir.ai each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute should be sent to the appropriate Arbitration Office in Ontario. We will provide a Notice of Dispute to you via the email address associated with your CleanAir.ai account. You and CleanAir.ai agree to attempt in good faith to resolve the Dispute prior to commencing an arbitration and not to commence an arbitration proceeding until a forty-five (45) day post-notice resolution period expires.
*Arbitration Process and Procedure*
If the parties do not reach an agreed upon solution within forty-five (45) days from the original Dispute Notice, then either party may initiate binding arbitration as the sole means to resolve claims, subject to these terms. Arbitration shall (1) be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures then in effect (the “JAMS Rules”) and as modified by this agreement to arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees; (2) be conducted by a single, neutral arbitrator; and (3) take place in the county where you reside or any reasonable location within Canada convenient for you. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION. Further, unless both you and CleanAir.ai expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim or demand for relief (e.g., public injunctive relief), then that claim or demand (and only that claim or demand) must be severed from the arbitration and may be brought in court.
If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial.
YOU THEREFORE UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND CLEANAIR.AI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION FOR ANY CLAIMS COVERED BY THIS AGREEMENT.
The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/. Notwithstanding any JAMS Rules to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern, you and CleanAir.ai each agree that all issues regarding the Dispute are delegated to the arbitrator to decide. Further, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim or demand for relief is subject to arbitration or should be severed. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
If your claim does not exceed $10,000 (USD), you and CleanAir.ai agree to waive an oral hearing by the arbitrator and the arbitration will be conducted solely on the basis of documents you and CleanAir.ai submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. To the extent an oral hearing is requested by you or CleanAir.ai, or deemed necessary by the arbitrator, you and CleanAir.ai agree that the hearing will be conducted telephonically or videographically.
An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.
It is each parties’ responsibility to pay any JAMS filing, case management/administrative, and arbitrator fees as set forth in the JAMS Rules. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, CleanAir.ai will pay the additional cost. If your claim for damages does not exceed $25,000 (USD) and you follow the dispute notice procedure set forth above, CleanAir.ai will reimburse your filing fees at the conclusion of the arbitration unless the arbitrator finds that either the substance of your Dispute or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)).
*Small Claims & Government Actions*
As an alternative to arbitration, you or CleanAir.ai may resolve Disputes in a small claims court that has jurisdiction over your claim. These Terms and this arbitration agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against CleanAir.ai on your behalf.
SEVERABILITY AND SURVIVAL
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership of intellectual property rights, and terms regarding disputes between us.
Please see CleanAir.ai ’s Privacy Notice for information regarding the collection and use of personal information collected through the Products and Services.
Questions concerning these Terms, requests for cancellation or refund of your ALVI Filter Plan subscription, or other requests or questions should be directed to the contact point specified at the end of these Terms.
CleanAir.ai Corporation 510 Coronation Drive Scarborough ON Canada M1E 4X6