Aura Smart Air Terms of Service

 

Aura Smart Air Ltd. ("Aura", "us", "our", or "we"), a company incorporated in the State of Israel with Company No. 515816114, is the creator and owner of a technological device that enables users to manage the quality of the air in their homes and/or office spaces remotely ("Device(s)") through a mobile app and/or web-based platform ("App"). These Terms of Service ("Terms") govern your purchase of Devices and associated services as well as your access to and use of the App and services available thereon (collectively, "Services"). Our Privacy Notice https://aura-air-privacy-policy.netlify.app governs our collection, processing and transfer of any Personal Data (as such term is defined in the Privacy Notice). "You" means any adult user of the Services, including any user on behalf of a Company (as defined below), or any parent or guardian of any minor whom you allow to use the Services, and for whom you will be held strictly responsible.

 

Please read these Terms carefully. By clicking on the button marked "I agree" you signify your assent to these Terms. Changes may be made to these Terms from time to time. If you do not agree to any of these Terms, please do not click the button marked "I agree" and do not purchase Devices and/or use the App and/or Services.

 

If you are registering on behalf of any entity or company ("Company"), you represent that you are authorized to enter into and bind the Company to these Terms and register for the Services. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you and the Company and the right to access the Services is revoked where these Terms or use of the Services is prohibited.

 

In the event of a conflict between these Terms and a services agreement that has been entered between us and a Company on whose behalf you are using the Services, prior to entering into these Terms ("Services Agreement"), the provisions of such Services Agreement shall prevail to the extent of such inconsistency.

 

1.     Purchase of Device and Filters.

 

1.1.      You may purchase Devices and filters to be used in connection with Devices through Aura's website. Devices and filters may be purchased individually or as part of a Subscription Package, as described below. Following purchase, the items purchased shall be shipped to the address you have provided in your order.

 

1.2.      Each Device shall be provided with one filter which can be used for a period of up to six (6) months ("Filter Term"). Use of a filter following the applicable Filter Term may lead to the improper functioning of the Device with which it is used and inaccurate alerts. If you have not purchased a Subscription Package, you are responsible for purchasing replacement filters and replacing each filter no later than the expiration of the applicable Filter Term. If you have purchased a Subscription Package, new filters will be provided every six (6) months for the duration of the Subscription Package, subject to payment of the applicable Fees (as defined below).

 

1.3.      Notwithstanding the above and based on the data collected from your specific Device(s), you may have to replace filter(s) more often than is generally recommended, and consequently may need to purchase additional filters prior to expiration of a Filter Term. Should it be necessary to replace a certain filter prior to the standard Filter Term, you will receive an alert notifying you thereof.

 

1.4.      Different terms and packages may apply to Companies purchasing Devices and Services through a Services Agreement, all as listed therein.

 

2.     Limited Product Warranty.

 

2.1.      Subject to your compliance with the terms hereof and with any further documentation or instruction provided by Aura, including timely replacement of filters as detailed herein or in any documentation provided by Aura, Aura warrants to you (and not to any additional third party) that the Device/s purchased will be free from defects in material and workmanship for a period of twelve (12) months after delivery ("Product Warranty"). Aura's entire liability and your exclusive remedy under this Product Warranty shall be, at Aura's sole discretion, either to repair or replace the Device or part thereof that does not meet this limited Product Warranty, as may be determined by Aura.

 

2.2.      Notwithstanding the above, if you have purchased a Subscription Package, the Product Warranty shall be extended for the term of the Subscription Package ("Extended Warranty").

 

3.     Fees, Payment, and Subscriptions.

 

3.1.      The fee for purchase of Devices, filters, and for the Subscription Package shall be charged in accordance with the fee schedule available at https://www.auraair.io/shop ("Fee").

 

3.2.      Users will have the opportunity to purchase a Subscription Package which shall include (i) the number of filters generally recommended for a three-year period; (ii) a discounted fee for purchasing additional replacement filters; (iii) an Extended Warranty; and (iv) basic maintenance services, provided at Aura's discretion.

 

3.3.      For purpose of making payments to Aura, you will be asked to provide customary billing information such as name, billing address and credit card information either to Aura or its third-party payment processor(s). You agree to pay Aura the applicable Fee in accordance with these Terms by one of the methods available. You hereby authorize the collection of any amounts payable to Aura by charging the credit card provided, either directly by Aura or indirectly, via a third-party online payment processor or by any other payment method as may be available. If you are directed to a third-party payment processor(s), you may be subject to terms and conditions governing use of that third party's service and that third party's Personal Data collection practices. Please review such terms and conditions and privacy policy before using such services.

 

3.4.      Where applicable, taxes may also be charged. Except as expressly provided in these Terms, fees are non-refundable.

 

4.     Cancellation Policy.

 

4.1.      You may cancel any order you made subject to and in accordance with applicable law, including, without limitation, the provisions of the Israeli Consumer Protection Law. The applicable cancellation terms are set out below in brief. In the event of any conflict and/or discrepancy between the terms set out herein and the provisions of the Consumer Protection Law, the provisions of the Consumer Protection Law shall prevail.

 

4.2.      Cancellation may be done by notifying us orally or by registered mail at our offices at 43rd Ha-Aliya Ha-Shniya, Azor, Israel, by e-mail at Support@auraair.io , or by using the website at www.Auraair.io. Requests for cancellations must include your name, identification number, contact information, serial number and order number.

 

4.3.      Transactions for the individual purchase of Device(s) or filter(s) may be cancelled for a refund within 14 (fourteen) days of receipt of the applicable product or order confirmation, whichever is later. Transactions under a Subscription Package may be cancelled within 14 days of the later of the date on which the transaction was affected or the date on which a notice containing details of the transaction was received, whether or not the Services have commenced. Aura will refund any amounts you have paid, less the Cancellation Fee defined below (if applicable), within 14 (fourteen) days of the receipt of your request. Following the processing of your request, Aura will provide you with a copy of a billing cancellation order. In the event the applicable Device or filter has already been delivered to you, cancellation will be subject to return of the product to Aura to Hashita 5, Keisarya, 3079526, Israel. [. You will be responsible for all delivery charges related to the return of the Device or filter.

 

4.4.      Transactions for the individual purchase of Device(s) or filter(s) made by a disabled person, a senior citizen, or a new immigrant ('Oleh Hadash'), as defined in the Israeli Consumer Protection Law, which transactions included a conversation between you and us (including via electronic communication), may be cancelled within four (4) months from the later of the date on which the transaction was effected, the date of receipt of the applicable product or the date on which a notice containing details of the transaction was received. Transactions under a Subscription Package made by a disabled person, a senior citizen, or a new immigrant ('Oleh Hadash'), as defined in the Israeli Consumer Protection Law, which transactions included a conversation between you and us (including via electronic communication), may be cancelled within four (4) months from the later of the date on which the transaction was effected, the date of receipt of the applicable product or the date on which a notice containing details of the transaction was received, whether or not the Services have commenced. In order to cancel such a transaction, you may be required to present us with a document indicating that you are a disabled person, a senior citizen, or a new immigrant, as specified in the Consumer Protection Law. In the event the applicable Device or filter has already been delivered to you, cancellation will be subject to return of the product to Aura to Hashita 5,  Keisarya, 3079526 Israel. You will be responsible for all delivery charges related to the return of the Device or filter.

 

4.5.      In accordance with applicable law, we are permitted to charge a cancellation fee of 5% of the transaction price or NIS 100, whichever is lower ("Cancellation Fee"). Notwithstanding the foregoing, you will not be charged any Cancellation Fee in the event of cancellation of the transaction in the period of time stated above, due to any defect in the applicable product, due to any discrepancy between the applicable product and the information provided to you by us prior to the transaction, due to non-delivery of the applicable product on the date stated in the order confirmation or due to any other breach of contract by us. In the event the applicable Device or filter has already been delivered to you, cancellation will be subject to return of the product to Aura at the location it was delivered to you, together with a notice to Aura attesting to such return.

 

4.6.      Aura reserves the right to recover damages and/or seek other applicable remedies available by law in respect of any material deterioration and/or other damages to the Device or filter. It is clarified that, without derogating from the foregoing, orders can be cancelled from the time of order confirmation even if the item has not yet been delivered.

 

4.7.      Notwithstanding the above, different refund terms may apply to Companies, all as listed in the Services Agreement.  

 

5.     Use of Services.

 

5.1.      Aura allows you to access and use the App and Services subject to these Terms and the Services Agreement, if applicable. Other than with respect to any outstanding orders, Aura may, at its sole discretion and at any time, modify or discontinue providing the Services or any part thereof without notice and shall not be liable to you or any third party for any modification or discontinuance of the Services.

 

5.2.      You may use the Device(s), the App and the Services provided through the Device(s), for your own use or for use by your Company only. You shall not use the Device(s) or Services to provide any services to any third party and you shall not make any commercial use of the Device(s), App or Services. Companies using the App shall be provided with a web-based version of the App, while individuals using the App shall be provided with a mobile version.

 

5.3.      Use of and access to the Services is void where prohibited by law. You represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you either are 18 years of age or older or else have your parent's or guardian's permission to enter these Terms, and have the legal ability to form a binding contract; (d) your use of the Services does not violate any applicable law or regulation or any obligation you may have to a third party; and (e) your use of the Services shall be in compliance with all applicable laws, regulations, guidelines, and these Terms. To the extent you provide any Personal Data of other Users (as defined below) in order to register them to your account, you further represent that you have and shall maintain throughout the term of these Terms all necessary rights and/or consents required under applicable law in order to provide such Personal Data to Aura and allow it to provide the Services as contemplated hereunder.

 

5.4.      You agree to notify Aura immediately of any unauthorized use of your account or password. You are fully and solely responsible for the security of your computer system and/or mobile device and all activity on your account, even if such activities were not committed by you. Aura will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Aura harmless for any improper or illegal use of your account, unless you have notified us via e-mail to Support@auraair.io that your account has been compromised, and have requested that we block access to it, which we will do as soon as reasonably practicable.

 

5.5.      We do not police for and cannot guarantee that we will learn of or prevent any inappropriate use of the Services.

 

6.     Account Registration and Administrator.

 

6.1.      In order to use the Services, you will need to register and create an Aura account. You may be registered to an Aura account either as an "Administrator" or as a "User". The classification under which you are registered will impact the Services available to you. Subject to these Terms and our Privacy Notice, your account will allow you to use the Services, order additional Devices and filters, and purchase additional features.

 

6.2.      To create an account, users, whether as an Administrator or User, must provide information as may be requested by Aura, such as, but not limited to, the email address, phone numbers, and delivery address, including zip code.

 

6.3.      Initial registration of an account and setup of Device(s) must be completed by an Administrator. Administrators shall have access to the full functionality of the App and Services. Following initial setup of an account, the Administrator may add Users who will be permitted to view activity within the account and will receive relevant push notifications related to the account. In order to register Users to the account, the Administrator must provide the email address or phone number of each additional User. Users whose information has been provided by the Administrator shall receive an email and/or text message inviting them to register and/or to download the App independently. Additionally, the Administrator can choose to add certain individuals who will receive text message notifications in the case of emergencies related to the account ("Emergency Contacts") by providing their phone numbers. Individuals who have been added as Emergency Contacts will be sent a text message requesting that they confirm whether they agree to receive notifications in the case of an emergency.

 

6.4.      You may also register to use the Services by logging in through your Facebook, Gmail or other third-party login account as may be permitted by Aura from time to time. We may change the method of registration at our discretion. By registering through Facebook, Gmail or any other third-party login account you represent and warrant that such third-party login account is yours and you have full rights to provide us with the information in this account. Aura reserves the right to refuse to allow a user to open an account for any reason, all at its sole discretion.

 

7.     Setup, Assistant, Alerts, and External Data.

 

7.1.      Once you have created an account as an Administrator in accordance with the terms set forth above, you may register a Device to your account and pair it with other Devices in your household or workplace, as applicable. Within your Administrator account you will be able to manage the quality of the air in your household or workspace, as applicable, remotely on a room-by-room or department by-department basis, and review the daily or weekly history of air quality, and, where applicable, respond to alerts.

 

7.2.      If you are using the Services on an individual basis, you will be able to configure your Device(s) through the App using Heidy, the personal air quality assistant. Devices can be tailored based on health or lifestyle information you provide, such as information about specific allergens, your age, or your level of activity. For example, Devices may be configured to detect certain issues, such as specific allergens that may be present in the air. If you do provide any information related to allergies or any other information related to health, you consent to, or represent that you have obtained the consent of the relevant individual, as required under applicable law, for the processing of any such information.

 

7.3.      Air quality data and recommendations may also be provided based on your location. You can add your exact location by enabling your GPS or manually input your address. The Services may provide data from external sources regarding the air quality in your area ("External Data") and use this External Data to tailor recommendations and Device activity. External Data will only be provided during an active Filter Term. Therefore, if filters have not been replaced following a Filter Term, External Data will no longer be provided.

 

7.4.      You may be able to pair the Device(s) with other "smart" appliances in your household or workplace in order to manage air quality and other climate related issues. If you do connect the Device(s) to any other "smart" appliances, use of such "smart" appliances shall (continue to) be subject to such "smart" appliances' terms of use and privacy policy, if and as applicable.

 

7.5.      As part of the Services, users may, from time to time, receive recommendations, tips, or alerts within their accounts or via push notifications including, inter alia, the need to change a Device's filter, clean a filter, and/or certain irregularities to the quality of the air in their households or workplaces. Some of these alerts may be disabled by users. However, certain alerts, including but not limited to, a fire, can only be disabled manually at the relevant Device's location or may be disabled remotely by an Administrator.

 

7.6.      Upon receipt of certain alerts regarding threats, such as a fire, the Administrator may be presented with a shortcut containing the number of the relevant emergency services.

 

8.     Termination of Account.

 

8.1.      You agree that Aura may for any reason, at its sole discretion and without notice, suspend or terminate your account, and may take any other corrective action it deems appropriate. Grounds for such termination or suspension may include (i) termination, suspension or expiration of the Services Agreement between us and the Company for any reason; (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, (iv) behavior that is illegal or harmful to other users, third parties, or the business interests of Aura, or (v) failure to make payment in accordance with the terms specified herein, including chargebacks. If your account is terminated, you may not rejoin Aura again without express permission. Upon termination of your account, you shall not have any further access to any of the Services or Content (as defined below) that may be available through your account.

 

8.2.      We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior involved in the use of the Services. We will fully cooperate with any law enforcement authorities, or court order requesting or directing us to disclose the identity and behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Services. You may request termination of your Aura account at any time and for any reason by sending an email to Support@auraair.io. Following such request, Aura shall close your account as soon as reasonably practicable. Any suspension, cancellation or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, limitation of liability, and payment obligations), which by their sense and context are intended to survive such suspension, cancellation or termination.

 

9.     Content.

 

9.1.      Certain types of content may be made available through the Services. "Content" as used in these Terms means, collectively, all content on or made available through the Services, including any updates, reports, recommendations, External Data, and any modifications or derivatives of the foregoing.

 

9.2.      Content comes from a variety of sources. You understand that Aura is not responsible for the accuracy, usefulness, safety, appropriateness of, or infringement of any intellectual property rights of or relating to this Content. You hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto.

 

9.3.      AURA DOES NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY CONTENT AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE CONTENT. AURA DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF ANY AND ALL USERS (INCLUDING UNAUTHORIZED USERS) THAT ARE NOT SOLELY DUE TO AURA'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.

 

10.  Use Restrictions. You may not and may not allow any third party to do or attempt to do any of the following: (1) decipher, decompile, disassemble, or reverse engineer any of the software and/or code, if and as applicable, used to provide the Services without our prior written authorization, including framing or mirroring any part of the Services; (2) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content available on the Services; (3) use the Services in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services; (5) use or access another user’s account or password without permission; or (6) use the Services or content provided in any manner not permitted by these Terms.

 

11.  Intellectual Property. Aura, and its licensors, as the case may be, own the Services and all content available on the Services, including all worldwide intellectual property rights in the Services, and the trademarks, service marks, and logos contained therein registered and unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services, if any. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Aura or any third party.

 

12.  Disclaimers and Disclaimer of Warranty.

 

12.1.   All information and Content provided through the App or Services is for informational purposes only and Aura provides no guarantees with respect thereto. Recommendations provided through the App do not constitute health, medical or other professional advice and are not intended to treat or manage any health conditions. You are solely responsible for any decisions you make based on information provided through the App. Do not disregard, avoid or delay obtaining medical advice from a qualified professional because of information provided through the App. Your use of the Services and any Device is at your sole discretion and risk. The Services, Device/s and content provided thereon, are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. We do not represent that the Services will be of good quality or useful to your needs.

 

12.2.   WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES, CONTENT THEREOF AND DEVICE/S, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES AND/OR THE DEVICE/S; OR (II) THAT THE SERVICES AND/OR THE DEVICE/S WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SERVICES.

 

12.3.   We take no responsibility for the quality of the Device(s), except as set forth in the Product Warranty. Subject to applicable law, we take no responsibility for use of the Device(s) by you or any other third party not in compliance with these Terms and/or with any documentation or instruction provided by Aura. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, including alerts or External Data, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

 

13.  Limitation of Liability.        

 

13.1.   In addition to the foregoing, to the fullest extent permitted by law, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Services or Device/s. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems or equipment, servers or providers, software, damage to users or to any person's mobile device related to or resulting from the provision of the Services. To the fullest extent permitted by law, we shall not be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, Device/s or from the conduct of any users of the Services and/or Device/s. In addition, we assume no responsibility for any incorrect data, including Personal Data provided by you or on your behalf and you hereby represent and warrant that you are solely responsible for any and all data provided to Aura, including any incorrect data and you shall assume any and all liability for any consequences of provision of such incorrect data to us.

 

13.2.   IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES AND/OR DEVICE/S, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE DEVICES PROVIDED AS PART OF THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH APPLICABLE CLAIM OR CAUSE OF ACTION ARISE. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT EXTEND TO ANY GROSS NEGLIGENCE OR WILFUL MISCONDUCT OF AURA.

 

14.  Indemnification. You agree to indemnify, defend, and hold harmless Aura and its employees, directors, officers, subcontractors and agents, against any and all claims, damages, or costs, losses, liabilities or expenses (including court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer and/or mobile device, password or third-party login information (whether authorized or unauthorized); (b) any claim, loss or damage experienced from your use, misuse or attempted use or misuse of the Device/s or Services; (c) your violation of any applicable law or regulation or any of your obligations, representations, or warranties hereunder including but not limited to breach of any privacy and/or data protection laws and regulations to which you are subject; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under applicable law.

 

15.  Miscellaneous. These Terms shall be governed solely by the laws of the State of Israel, and without regard to the United Nations Convention on the International Sales of Goods and the competent courts in the State of Israel shall have exclusive jurisdiction to hear any disputes arising hereunder. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Aura or enables you to act on behalf of Aura. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the contact details you provided upon registration.

 

Last updated: August 2020