End User License Agreement

1. Introduction.

Please read this End User License Agreement (“EULA”) carefully before using the Service. This EULA includes AireHealth’s Privacy Policy located at https://aire.health/privacy and includes also AireHealth’s Terms of Use Agreement located at https://aire.health/terms ,which are incorporated by this reference into this EULA. We have included several annotations in boxes to explain or emphasize key sections. These annotations are for convenience only and have no legal or contractual effect.

This agreement is a legally binding contract. It may change as our business changes, and you agree you will review it and any updates regularly. Your continued use of the Service means you accept any changes to this EULA.

1. Binding Agreement. This EULA constitutes a binding agreement between you and AireHealth, LLC and its affiliates and subsidiaries (“AireHealth,” “we,” or “us”). “You” and “users” mean all visitors to the Service. You accept this EULA each time you access the Service. If you do not accept this EULA, you must not use the Service. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Service. 2. Revisions to EULA. We may revise this EULA at any time by posting an updated version, although we will endeavor to provide you with prior notice of any material changes to this EULA. You should visit this page periodically to review the most current EULA, because you are bound by them. Your continued use of the Service after a change to this EULA constitutes your binding acceptance of this EULA.

2. The Service.

The “Service” means, collectively, the AireHealth website located at https://aire.health, AireHealth’s proprietary mobile application made generally available through the Apple or Android app stores (“App”), AireHealth’s proprietary web application accessible through the AireHealth website, AireHealth’s proprietary administrative console, and any other internet service or property under AireHealth’s partial or complete control.

III. Mobile Services.

The App will offer the Services via a mobile phone, personal digital assistant or other wireless device running iOS or Android operating system (collectively, “Mobile Services”). Your phone may interact with the AireHealth service for features such as timers, reminders and alarms. Your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the App and the related Mobile Services must be strictly in accordance with this EULA.

• Eligibility to Use the Service.
• Children. No part of the Service is directed to persons under 18 years of age unless they have consent of a parent or guardian. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the service.
• Representative of an Organization. Because you are using the Service in connection with your relationship with a company, entity, or organization (collectively “Organization”), you represent and warrant that you are an employee, contractor or other individual associated with that Organization who is authorized to enter into this EULA and use the Service. If your Organization appoints you the “Authorized Party” under the AireHealth Terms of Service Agreement located at https://aire.health/terms, then you must perform your duties in this capacity in accordance with this EULA. All occurrences where terms are directed at “you” in this EULA, also refers to authorized representatives of an Organization.

3. Your Account

You are responsible for your log-in credentials and for keeping your information accurate.
You are responsible for any activity resulting from the use of your log-in credentials on the

Service.

You represent and warrant that the information you provide to AireHealth upon the licensing of the Service and at all other times will be true, accurate, current, and complete.

• Your Log-In Credentials. To use the Service, you will need to confirm your log-in credentials. You will have log-in information, including a log-in email and password, in connection with your account. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. You will be responsible for all activity that occurs under your access credentials. You agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service.
• You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify AireHealth by e-mail at customerservice@aire.health. You will be solely responsible for the losses incurred by AireHealth and others due to any unauthorized use of your account.

4. Communications

AireHealth may communicate with you by email or through the Service. You may request that we provide notice of security breaches in writing.

You represent and warrant that the information you provide to AireHealth upon the licensing of the Service and at all other times will be true, accurate, current, and complete.

• You agree to receive email from us at the email address you provided to us for customer service-related purposes, and to promote upcoming events and/or videos offered through the Service.
• Electronic Notices. By using the Service or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at customerservice@aire.health.

VII. Content Ownership and Use

• The contents of the Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other AireHealth content (collectively, “AireHealth Content”). All AireHealth Content and the compilation (meaning the collection, arrangement, and assembly) of all AireHealth Content are the property of AireHealth or its licensors and are protected under copyright, trademark, and other laws.
• License to You. We authorize you, subject to this EULA, to (a) access and use the Website, (b) access and use AireHealth web application, (c) download, access, and use AireHealth mobile application and (d) access and use all other AireHealth Content solely for your personal use of the Service, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the AireHealth Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original AireHealth Content on any copy you make of the AireHealth Content.
• AireHealth Marks. AireHealth, the AireHealth logo, and other AireHealth logos and product and service names are or may be trademarks of AireHealth (the “AireHealth Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the AireHealth Marks.
• Your Content. Any data, media, messages and content that you make available through the Service or otherwise to AireHealth, and any other data, materials, or content that the App or the Service collects from you (“Your Content”), will be owned by you. You have granted to us, during the term of the contract between us (“Agreement”), a limited, royalty-free, non-exclusive and non-transferable license to use, copy, reformat, create derivative works of, display, disclose and distribute Your Content for the purposes of providing and improving the Service and exercising our rights or performing our obligations under the Agreement.

VIII. Suggestions and Submissions

We appreciate your comments, but if you send us creative ideas, we can use them without compensating you.

We appreciate hearing from our users and welcome your comments regarding the Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (collectively, “Feedback”):

• you hereby grant to us a worldwide, non-exclusive, irrevocable, perpetual, royalty-free and unlimited license to use the Feedback, whether written or oral, in any manner whatsoever;
• we will not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Feedback; and
• we will be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

5. Limitations and Prohibitions

Do not do bad things with the Service, try to break it, or steal our hard work.

You agree to use the Service solely as intended through the provided functionality of the Service and as permitted under this EULA. You must use the Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. In addition, you must comply with the following:

• Unless expressly permitted in this EULA, you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without AireHealth’s prior written authorization.
• You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine AireHealth Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage.
• You agree not to undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Service, including any AireHealth Content available on or through the Service.
• You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service, including any AireHealth Content available on or through the Service, or any portion thereof, through any other application or website.
• You agree not to provide any false personal information to AireHealth or create a false identify or impersonate another person or entity in any way.
• You agree not to create a new account with AireHealth, without AireHealth’s prior express written consent, if AireHealth has previously disabled an account of yours.
• You agree not to restrict, discourage or inhibit any person from using the Service.
• You agree not to gain unauthorized access to the Service, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service.
• You agree not to post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
• You agree not to interfere with or disrupt the Service, or networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers.
• You agree not to violate any applicable federal, state or local laws or regulations or this EULA when using the Service, including by posting or submitting to the Service any content that infringes any third-party intellectual property or other right.
• You agree not to use the Service to build a competitive product or service.
• You agree not to post or submit through the Service any content that is or could be interpreted to be defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by AireHealth in its sole discretion.
• You agree not to assist or permit any persons in engaging in any of the activities described above.

A breach of these restrictions may subject you to prosecution and damages, as well as liability for infringement of intellectual property rights.

5. Consequences of Violating This EULA

If you do not act acceptably, we may prohibit your use of the Service.

We reserve the right to suspend or terminate your account and prevent access to the Service for any reason, at our discretion. We reserve the right to refuse to provide the Service to you in the future. AireHealth may (but has no obligation to) review and remove any content you submit or post to the Service at any time for any reason.

You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of this EULA and your use of the Service.

6. AireHealth’s Liability

We may change the Service at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Service, and we are not responsible for any disputes that you may have with your Organization or any other user.

• Changes to the Service. We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Site or any feature, without notice or liability.
• Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any of the content of the Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Service. Use the Service at your own risk.
• User Disputes. We are not responsible for any disputes or disagreements between you, your Organization or any other user you interact with when using the Service. You assume all risk associated with dealing with these third parties, and you release AireHealth of all claims, demands, and damages in connection with these disputes. You also agree not to involve us in such disputes in any way. Use caution and common sense when using the Service.

XII. DISCLAIMER OF WARRANTIES

You use the Service at your own risk. We make no warranties or guarantees.

Released Parties Defined. “Released Parties” include AireHealth and its affiliates, officers, employees, agents, partners, and licensors.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE ACCESS ON OR THROUGH THE SERVICE IS DOWNLOADED OR ACCESSED AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR ACCESSING ANY SUCH MATERIAL.

XIII. LIMITATION OF LIABILITY AND INDEMNIFICATION

We are not liable for anything that happens to you that somehow may be connected to your use of the Service. If you use the Service in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AIREHEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR USE OR INABILITY TO USE THE SERVICE; (ii) YOUR RELIANCE ON CONTENT MADE AVAILABLE ON THE SERVICE; OR (iii) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF AIREHEALTH CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.

You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on the Service, (ii) your use of or reliance on any AireHealth Content, or (iii) your breach of this EULA. We will provide notice to you promptly of any such claim, suit, or proceeding.

XIV. General Terms

This EULA and the Privacy Policy constitute the entire agreement between you and AireHealth concerning your use of the Service, and supersede any prior or contemporaneous terms, whether oral or written. Our failure to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision. If any provision of this EULA is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this EULA remain in full force and effect. The Section titles and annotations in this EULA are for convenience only and have no legal or contractual effect.

In addition, you acknowledge that you may require you to agree to additional terms in connection with your use of the Service, such as policies related to your expectations of privacy when using the Service (“Organization Terms”). You acknowledge that we are not a party to any Organization Terms.

7. Arbitration, Class Waiver, and Waiver of Jury Trial

We are located in Florida, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Service.

This EULA and the relationship between you and AireHealth shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and AireHealth agree to submit to arbitration any disputes relating to your use of the Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in the State of Florida. You covenant not to sue AireHealth in any other forum.

You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or this EULA:

• YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
• 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; AND
• YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.