AireHealth 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.


  1. 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.


  1. 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.


  1. 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.

 

AireHealth Privacy Policy

 

This Privacy Policy is designed to inform users of the AireHealth (“AireHealth,” “we,” and “us”) websites, mobile applications and services (collectively, the “Service”). This Privacy Policy covers how AireHealth treats your Personally Identifiable Information (“PII”), Protected Health Information (“PHI”), and other data that you may share when you use the Service (“Data”) (PII, PHI and Data collectively hereafter “Personal Information”). We established this Privacy Policy to let you know the kinds of information we may gather, why we gather your information, what we use your information for, how you can manage your information, and under what circumstances, if any, it is disclosed. By using the Service, you are accepting the practices described in this Privacy Policy.

 

You may have been invited to register for, install or use the Service from a third party as part of a research or clinical care initiative. We are not responsible for the actions, privacy policies or other legal notices of these third-parties, their websites or applications. This Privacy Policy does not apply to information that you may share with us offline or with third-parties, including websites or applications that may be linked to the Service.

 

Changes to this Privacy Policy

 

We may update this Privacy Policy from time to time by posting a new version online. You should check this page occasionally to review any changes. If we make material changes affecting you as determined by AireHealth we will notify you by posting the revised Privacy Policy on our websites and, if you are a registered user of our platform, by providing notice through the AireHealth app or by email. This helps you always be aware of what information we collect, how we use it and under what circumstances, if any, it is disclosed. Your continued use of the Service and/or continued provision of Personal Information to us will be subject to the terms of the then-current Privacy Policy.



Types of Information Collected

 

AireHealth collects Personal Information when you register for the Service, when a third party registers you for the Service on your behalf, or when you use the Service. Depending on how you use the Service, we collect different kinds of information about you. This information may include:

 

Personal Health Information (PHI)

 

If you are using the Service as part of your treatment from a health care provider or membership with a health insurance plan, then any information that identifies you as a patient of the health care provider or regarding your health may be PHI. If you are a patient that has a prescription for the Services or products within the Services then any information that identifies you as a patient of the health care provider or regarding your health may be PHI. If you are not a patient but are using the Service on behalf of a health care provider or health insurance company, then information about others that is accessible through the Service may be PHI. We will only use or disclose PHI as permitted or required under the Health Insurance Portability and Accountability Act, as amended, and implementing regulations (collectively, “HIPAA”). If your use of the Service is for purposes of a research protocol or is not through a health care provider, then HIPAA may not be applicable.

 

Personally Identifiable Information (PII)

 

PII is any information that can individually identify you and includes your name, and contact information, such as e-mail address, telephone number, or postal address.

 

Non-Personally Identifiable Information

 

Non-personally identifiable information includes information that does not personally identify you, but it may be linkable to you. If non-personally identifiable information is directly linked to personally identifiable information, it will be considered PII while it is linked. Aggregate and de-identified information is not considered PII.

 

Personal Data

 

Among the types of Personal Data that the Service may collect from the you, by itself or through third parties, there are: geographic position, general activity data, movement activity, Cookies, Usage Data, first name, last name, email address, date of birth, ethnicity, body measurements & indexes, diagnosis, prescription information, physician’s name, symptoms, sleeping activity, phone number and picture. Some information regarding phone and SMS usage may be obtained from your device in the case that you choose to contact an emergency hotline.

 

Personal Data may be freely provided by the user of the Service, or, in case of Usage Data, collected automatically and potentially stored on the phone. Failure to provide the requested Personal Data may make it impossible for AireHealth to provide its Service to you. In cases where the Service specifically states that some Data is not mandatory, you are free to withhold this Data without any consequences on the availability or the functioning of the Service. If you are unsure about what Data is mandatory, contact us at customerservice@aire.health.

 

Whenever you visit our websites or applications, AireHealth receives and records information on our server logs from your browser, including your IP address, AireHealth’s cookie information and the pages you request, and relates it to the Personal Information you provide. Any use of Cookies – or of other tracking tools – serves the purpose of providing, customizing or improving the Service.

 

Users are responsible for any third-party Personal Data obtained, published or shared through the Service and confirm that they have the third party’s consent to provide the Data to AireHealth.

 

Collection and Combination of Information from Other Sources

 

We also may collect information about you that we may receive from other sources or from our offline interactions with you to, among other things, enable us to verify or update information contained in our records and to better customize the Service for you. We may combine information gathered from multiple parts of the Service into a single record.



Information Use and Collection 

 

AireHealth collects and uses Personal Information from you for the following purposes:

 

Registration – When you register for the Service, or when a third party registers you for the Service on your behalf, we collect your Personal Information as part of the registration process, including but not limited to your name, address, phone number, email address, sponsoring provider and program settings. SMS messages and email may be used during the registration process to send a one-time code and link to access the Service.

 

Personalization – We collect information such as your picture in order to personalize the Service.

 

Notifications – Registered users of the AireHealth platform may receive push notifications or desktop notifications according to their user settings.

 

Self-Reported Health Information – We collect the information that you enter while using the Service, such as information regarding your health and/or medical condition and related behaviors including adherence to your prescribed care plans.

 

Provider-and-Payer-Reported Health-Related Information – We collect information about you that is submitted with your permission by your authorized healthcare provider or other third party while using the Service, such as information about your health and/or medical condition, including information that is protected under HIPAA. 

 

Automatically Tracked Health-Related Information – We collect data such as as cookies, geographic location, movement, weather conditions, air quality, medical device usage data, data about surroundings and geographic position data in order to provide specific features. 

 

Most browsers and operating systems will allow you to opt out of the Services collection of geolocation information. Some operating systems will also allow you to opt out of the Services collection of activity information. If explicit authorization has been provided, we may share this data with your authorized healthcare provider or other third party to allow them to provide personalized services.

 

For some registered users of our platform, the Service may use Apple HealthKit data to provide these features. HealthKit is an activity data handling service provided by Apple Inc. that enables AireHealth to access or store activity data, including body measurements & indexes, general activity data, movement activity and sleeping activity. (Apple Inc. Privacy Policy)

 

Customer support – We may use your contact information to send you information about our Service or information relating to your health, to respond to technical support inquiries, or to help prevent spam, fraud or abuse. When you enter Personal Information into an inquiries or contact form in any portion of the Service, AireHealth uses the information provided to reply to requests for information or other requests as indicated by the form.

 

Managing contacts and sending messages – We may collect your email address, phone number and other contact information to communicate with you for purposes of registration or customer support, and to track usage of certain features in the Service, such as clicking on links included in a message.

 

MailChimp is an email address management and message-sending service provided by MailChimp (Insert Privacy Policy)

 

Twilio is a phone numbers management and communication service provided by Twilio, Inc. (Insert Twilio Inc. Privacy Policy)

 

System logs and maintenance – For operation and maintenance purposes, we may collect files that record your interactions with the Service (system logs) or other Personal Data (such as IP address).

 

Surveys and user research– From time to time, we may send you survey questions or contact you with questions related to your experience to help us improve our Service. We collect any responses you provide. Participation in such surveys or user research does not impact your access to the Service.

 

Analytics – AireHealth may collect and use your device’s unique identifier for analytics purposes or to store your user preferences. AireHealth may use Google Analytics or other third party services to monitor and analyze user behavior.

 

Google Analytics is a web analysis service provided by Google, Inc. (“Google”). Google utilizes the Data collected to track and examine the use of the Service, to prepare reports on its activities and to share them with other Google services. Google may use the Data collected to contextualize and personalize the ads of its own advertising network.

Research – Information collected by AireHealth in conjunction with your use of the Service may also be used by AireHealth for research purposes. In such event, use of your information will be subject to the terms of any applicable informed consent and/or other authorizations from you.

 

Information Sharing and Disclosure

 

AireHealth does not rent, sell or share your Personal Information with other people or non-affiliated companies, except to provide products or services you have requested, when we have authorization to share such information, or when we provide information to companies or consultants working on behalf of or with us under confidentiality agreements as described below. These companies and consultants do not have any independent right to share your Personal Information.

 

Third-Party Agents

 

We have third-party agents and service providers that perform functions on our behalf, including, but not limited to hosting services, content syndication, content management, technical integration, marketing, analytics, customer service, and fraud protection.

 

These entities may have access to Personal Information if needed to perform their functions. If such access is required, the third parties will be contractually obligated to maintain the confidentiality and security of that PII.  They are restricted from using, selling, or distributing this data in any way other than to provide the requested services to the Service or as required by law.

 

Assignment

 

We may change our ownership or corporate organization while providing the Service. We may also sell certain assets associated with the Service. In such event, we may transfer some or all of your information to an entity acquiring all or part of our assets or to another entity with which we have merged. Under such circumstances, we would request the acquiring party to follow the practices described in this Privacy Policy. Nevertheless, we cannot promise that an acquiring party or the merged entity will have the same privacy practices or treat your information the same as described in this Privacy Policy.

 

Law Enforcement, Legal Process, and Emergency Situations

 

We may use or disclose your Personal Information to third parties if required to do so by law or on the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us or the Service; (b) protect and defend our rights or property, the Service or our users, or (c) act to protect the personal safety of us, users of the Service or the public.

 

Business Purposes

 

We may disclose de-identified versions of your Personal Information and other data (“De-Identified Information”) in aggregated or non-aggregated forms with institutional clients, partners, investors and contractors for any purposes related to our business practices. Permitted uses of your De-Identified Information may include but are not limited to, product development, marketing or research made available to the public.

 

Confidentiality and Security

 

We have taken reasonable and necessary steps to ensure that all Personal Information collected will remain secure. These steps include physical, electronic, and administrative procedures to safeguard and help prevent unauthorized access or disclosure, maintain data security and correctly use the Personal Information that we collect.

 

The processing of the Personal Information we collect is carried out using computers and/or IT enabled tools, following organizational procedures and modes appropriate and necessary to providing the Service. Personal Information is processed at AireHealth’s operating offices and in any other places where the parties involved with the processing are located.

 

It is important that you help protect the privacy of your own information. We strongly recommended that you take precautions to protect the security of any Personal Information that you transmit by using device security features, encryption and other techniques to prevent unauthorized interception of your Personal Information. You are responsible for the security of your information when using unencrypted, public or otherwise unsecured networks

 

Please understand, that while we try our best to safeguard your Personal Information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.

 

Accessing, Changing and Deleting Your Information

 

If you are a registered user of AireHealth, you may review and change some of your information by logging into your account and editing your profile. You can request access, changes or deletions to your Personal Information by contacting us at customerservice@aire.health. Be advised that we may not be able to delete your Personal Information without also deleting your user account.

 

You will not be permitted to examine the Personal Information of any other person or entity without appropriate authorization. Our security procedures mean that we may request proof of identity before we disclose Personal Information to you. We may not accommodate a request to change or delete Personal Information if we believe doing so would violate any law or legal requirement, or cause the information to be incorrect.

 

The time period for which we keep Personal Information varies according to what the Personal Information is used for. In some cases, there are legal requirements to keep Personal Information for a minimum period. Unless there is a specific legal requirement for us to keep the information, we will retain Personal Information for no longer than is necessary for the purposes for which it was collected or for which it is to be further processed.

 

Your Obligations to Keep Access Rights

 

You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service; and (b) maintain and promptly update your information to keep it true, accurate, current and complete. If AireHealth suspects, in its sole discretion, that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any use of the Services (or any portion thereof). If you are a registered user of the Service, you are solely responsible for the security and confidentiality of your username and password and you are solely responsible for any and all activities that occur under your account.

 

General Information

 

Links

 

The Service may contain links or deep links to other websites, open search results or other online content. AireHealth generally reviews the content of online content linked through third party websites, but it is not responsible for such content, the privacy practices, or any advertisements on third party websites. Users should be aware of this when they use our Service and are encouraged to review the privacy statements of each third-party website.

 

Children’s Information

 

The Service is not directed to children under 13 years of age. Unless otherwise disclosed during collection and with parent or guardian consent, AireHealth does not knowingly collect Personal Information from children under 13 years of age.

 

Governing Law

 

The Service is located, published and directed to individuals located in the United States, and our policies are directed at compliance with those laws.  If you are located outside the United States, you should be aware that your Personal Information will be transferred to the United States, the laws of which may be deemed by your country to have inadequate data protection. If you are uncertain whether this Privacy Policy conflicts with the applicable local privacy laws where you are located, you should not use the Service.

 

Legal Action

 

Your Personal Information may be used for legal purposes by AireHealth, in Court or in the stages leading to possible legal action arising from improper use of the Service. By using the Service, you declare to be aware that we may be required to reveal Personal Information upon request of public authorities.

 

Questions and Suggestions

 

If you have any questions or suggestions about this Privacy Policy, or if you wish to correct your Personal Information, please contact us by email at customerservice@aire.health or write to us at: AireHealth 3251 Progress Drive, Suite F, Orlando, Florida 32826.

 

This Privacy Policy was last updated on September 17, 2019.

 

Copyright © 2020 AireHealth, LLC. All rights reserved.

 

AireHealth Terms of Service

 

To be linked in the about section of the app and also available on our website:  https://aire.health/terms

 

  1. ACCEPTANCE OF TERMS.

 

AireHealth (AIREHEALTH ) owns and operates the website https://aire.health and its related sites, applications (including mobile sites and applications), services and technology that are made available by AireHealth, together with any content, tools, forums, information sharing, and transactions available herein (collectively, the “Service”).

 

These terms of service govern your access to and use of the Service (“Terms of Service”). The Terms of Service shall be deemed to include all other operating rules, policies and procedures that are referred to herein or that may otherwise be published by AireHealth from time to time (collectively, “Policies”), including without limitation, the following:

 

For purposes of these Terms of Service “User” shall mean either you as an individual or the entity on whose behalf you are accepting these Terms of Service and who is afforded all rights and bound by all terms hereunder. User represents that he/she/it is authorized to accept these Terms of Service.

 

IF YOU DO NOT AGREE TO ALL OF THE TERMS OF SERVICE, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO ENTER INTO THIS AGREEMENT, THEN DO NOT USE OR DOWNLOAD OR OTHERWISE ACCESS ANY PART OF THE SERVICE. USING ALL OR ANY PART OF THE SERVICE WILL CONSTITUTE ACCEPTANCE AND CREATE A LEGALLY ENFORCEABLE CONTRACT UNDER WHICH YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF SERVICE, WITHOUT MODIFICATION. 

 

You may withdraw your consent please write to us at customerservice@aire.health.

 

  1. CHANGES.

AireHealth reserves the right, at its sole discretion, to modify or replace the Terms of Service (including any Policy), in whole or in part, at any time. Change notices may be communicated by postings at the Service, via email, or other reasonable means. Users should periodically check the Terms of Service for changes. Continued use of the Service following any change to the Terms of Service constitutes User’s acceptance of those changes. The Terms of Service may not otherwise be amended, except by a written agreement executed by User and AireHealth.

 

AireHealth may terminate, modify or suspend the Service, in whole or in part, at any time, with or without notice.

 

  1. ELIGIBILITY.

You must be at least 18 years of age to visit the Site and use the Service. If you do not so qualify, you are prohibited from accessing or using the Service. The AireHealth Asthma App requires an eligible User’s birthday for term acceptance and completion of Application enrollment.  As an eligible User at least 18 years of age, you may elect to add personally identifiable information for individuals under 18 years of age if you certify you are their 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.  If AireHealth is alerted that a non-eligible User is under the age of 18, AireHealth will take steps to remove the User’s content and terminate and/or block his/her access to the Service.

 

AireHealth may refuse to offer or continue offering the Service to any person and may change its eligibility criteria from time to time.

 

  1. REGISTRATION.

Registration is required as a condition of gaining access to the Service.

 

  1. PRIVACY.

AireHealth’s current Privacy Policy is available at  (https://aire.health/privacy) which shall apply to any use of the Service and which may be modified by AireHealth in its discretion from time to time pursuant to the procedures set forth therein.

 

  1. USER CONDUCT

User may only use the Service for his/her personal and noncommercial use, or as part of an evaluation of the Service with regard to potential commercial use thereof. Any commercial use of the Service requires a separate written agreement with AireHealth.

 

User will comply with all applicable laws, regulations and rules in connection with the Service. Without limiting the foregoing, Users shall not use the Service for the purpose of money laundering, bid rigging, price fixing or other unlawful collusion, price signaling or exchange of competitively sensitive data or information.

 

User may not use the Service in violation of these Terms of Service.

 

User agrees not to take any action using any aspect of the Service, in any manner, that:

 

  1. is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, invasive of another’s privacy, tortious, obscene, profane or which otherwise violates the Terms of Service;
  2. infringes any patent, trademark, trade secret, copyright, right of publicity, privacy right or other right of any party;
  3. reveals any personal information about another individual, including another person’s name, address, phone number, electronic mail address, credit card information or any other information that could be used to track, contact or impersonate that person;
  4. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”), chain letters or any form of lottery or gambling; imposes an unreasonable or disproportionately large load on AireHealth’s computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise;
  5. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of AireHealth or any third party;
  6. harvests, scrapes or collects any information from the Site;
  7. seeks to solicit information from or about minors; or
  8. impersonates any person or entity, including any employee or representative of AireHealth.

 

AireHealth may, at its sole discretion, immediately suspend or terminate any User’s access to the Service should its conduct fail (or appear to fail) to strictly conform to any provision of these Terms of Service.

 

AireHealth may, at any time, monitor, review, remove, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request or investigation (including law enforcement). AireHealth is not responsible for any failure or delay in removing any such content.

 

  1. PROPRIETARY RIGHTS.

User acknowledges and agrees that the Service and all content and materials created by or for AireHealth and made available on or via the Service are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, and AireHealth (and its licensors) shall own and retain all rights, title and interests (including all intellectual property and proprietary rights) therein and thereto.

 

User may not to sell, license, reverse engineer, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of the Service or its content and materials.

 

Systematic retrieval of data or other content from the Site by any User to create or compile, directly or indirectly, a collection, database or directory is strictly prohibited.

 

  1. TERMINATION.

AireHealth may terminate any User’s access to all or any part of the Service, with or without cause, with or without notice, effective at any time.

 

Upon any termination, User shall immediately cease using the Service, except that (a) all obligations that accrued prior to the effective date of termination and all remedies for breach of the Terms of Service shall survive and (b) Sections 9 – 16 shall survive.

 

  1. DISCLAIMER OF ALL WARRANTIES.

 

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE SERVICE IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. AIREHEALTH AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED. USER’S USE OF THE SERVICE IS SOLELY AT ITS OWN RISK.

 

  1. LIMITATION OF LIABILITY.

User agrees that AireHealth shall not be responsible or liable for any material or data sent or received or not sent or received through the Service. User agrees that AireHealth is not responsible or liable for any threatening, defamatory, obscene, offensive, illegal or other content or conduct of any third party or any infringement of another’s rights, including intellectual property rights.

 

User agrees, in connection with any use of the Service: (a) to release AireHealth (and its licensors and suppliers) from any and all claims, demands, damages and liabilities, of any type and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with use of the Service by such User (including any disputes with other Users using the Service); and (b) to attempt to settle any disputes directly with such other User or other third party.

 

IN NO EVENT SHALL AIREHEALTH (OR ITS AFFILIATES, LICENSORS AND SUPPLIERS) BE LIABLE CONCERNING ANY SUBJECT MATTER RELATED TO THE SERVICE REGARDLESS OF THE FORM OF CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) DAMAGES, IN THE AGGREGATE, IN EXCESS OF AMOUNTS PAID TO AIREHEALTH BY USER (AND RETAINED BY AIREHEALTH HEREUNDER DURING THE PREVIOUS 12-MONTH PERIOD) OR US$50.00, WHICHEVER IS GREATER, EVEN IF AIREHEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.

 

SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

 

  1. INDEMNIFICATION.

User agrees to (a) defend AireHealth and its employees, contractors, officers, directors and representatives against any action or suit by a third party that arises out of any transaction with AireHealth or another User in which User is involved, User’s use or misuse of the Service, or User’s breach of any of its representations, warranties or covenants under this Agreement and (b) indemnify AireHealth for settlement amounts or damages, liabilities, costs and expenses (including reasonable attorneys’ fees) awarded and arising out of such a claim. AireHealth reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User will assist and cooperate with AireHealth in asserting any available defenses.

 

  1. INTERNATIONAL USE.

AireHealth makes no representation that the Service is appropriate or legally available for use in locations outside the United States, and accessing and using the Service is prohibited from territories where doing so would be illegal. Users that access the Service from other locations do so at their own initiative and are responsible for compliance with local laws.

 

  1. DISPUTES; CHOICE OF LAW AND FORUM.

User and AireHealth agree that any claim or cause of action arising out of or related to the Service must commence within one (1) year after the claim or cause of action arose; otherwise, such cause of action is permanently barred.

 

The Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflicts of law rules, and the United States of America. In the event of any conflict between US and foreign laws, rules and regulations, US laws, rules and regulations shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Terms of Service. User expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms of Service or use of the Site or Service shall be in the state of Florida, USA, and User further agrees and submits to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Service, including without limitation, this section.

 

  1. INTEGRATION AND SEVERABILITY.

The Terms of Service (including the Policies) are the entire agreement between User and AireHealth with respect to access, use and operation of the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between User and AireHealth with respect to the Service. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable.

 

  1. RESERVATION OF RIGHTS; COPYRIGHT AND TRADEMARK.

Any rights not expressly granted herein are reserved. AIREHEALTH™ is the trademark of AireHealth. The names and logos of companies and products mentioned in connection with the Service are the property of their respective owners.

 

If you believe that material or content residing or accessible on the Service infringes your copyright, please send a notice of copyright infringement containing the following information to AireHealth as specified below:

 

  1. Specific identification of the aspect of the Service to which the notice pertains.
  2. Identification of the work or material being infringed.
  3. Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that AireHealth is capable of finding and verifying its existence.
  4. Contact information about the notifying party (the Notifying Party), including name, address, telephone number and e-mail address.
  5. A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law. 
  6. A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
  7. The Notifying Party’s physical or electronic signature.

 

DESIGNATED AGENT TO RECEIVE NOTIFICATION OF CLAIMED INFRINGEMENT.
AireHealth
3251 Progress Drive, Suite F

Orlando, FL 32826

Attn: Copyright Policy
Email: info@aire.health 

 

  1. GENERAL PROVISIONS.

User may not assign, transferable or delegate any right of obligation under these Terms of Service. Any attempted assignment, transfer or delegation will be void. All waivers, consents and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of the Service or Terms of Service, and neither party has any authority of any kind to bind the other in any respect. All notices to AireHealth under this Agreement will be in writing and deemed received: three days after being sent by certified or registered mail, return receipt requested, or next day after being sent by recognized overnight delivery service to the following address: 3251 Progress Drive, Suite F, Orlando, Florida 32826