{"id":2289,"date":"2022-06-21T09:42:04","date_gmt":"2022-06-21T09:42:04","guid":{"rendered":"https:\/\/airofit.in\/?page_id=2289"},"modified":"2023-08-01T15:51:38","modified_gmt":"2023-08-01T10:21:38","slug":"terms","status":"publish","type":"page","link":"https:\/\/airofit.in\/terms\/","title":{"rendered":"Terms & conditions"},"content":{"rendered":"

Terms of Sale and Service
<\/strong>Last updated July 21, 2022<\/p>

Welcome to Airofit!
<\/strong>Airofit A\/S (\u201cAirofit\u201d) provides our website located at www.airofit.in (the \u201cSite\u201d) and our respiratory and training services accessible via our Site and our mobile device application (\u201cApp\u201d). To make these Terms easier to read, the Site, our services and App are collectively called the \u201cServices.\u201d Please read these Terms of Service (the \u201cTerms\u201d) carefully because they govern your use of our Services.<\/p>

Agreement to Terms
<\/strong>By using our Services, you agree to be bound by these Terms. If you don\u2019t agree to be bound by these Terms, do not use the Services.<\/p>

Privacy Policy
<\/strong>Please refer to our Privacy Policy<\/a> for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.<\/p>

Changes to Terms or Services
<\/strong>We may modify the Terms at any time, in our sole discretion. If we do so, we\u2019ll let you know either by posting the modified Terms on the Site or through other communications. It is important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don\u2019t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.<\/p>

Arbitration Notice
<\/strong>Unless you opt out of arbitration within 30 days of the date you first agree to these terms by following the opt-out procedure specified in the \u201cArbitration\u201d section below, and except for certain types of disputes described in the \u201cArbitration\u201c section below, you agree that disputes between you and Airofit will be resolved by binding, individual arbitration and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.<\/p>

The Airofit <\/strong>System
<\/strong>The Airofit system consists of a device controlling your breathing (the \u201cDevice\u201d) and mobile device application (the \u201cApp\u201d) providing you with training information and your development over time. Airofit warrants that all reasonable care will be taken to ensure the quality of materials and workmanship of the Device.  

Please note that by agreeing to the Terms of Sale and Service you accept that the physical Quick guide included in your purchase and the User manual<\/a> online are only available in English at this point. <\/p>

Who May Use the Services<\/strong><\/p>

Eligibility
<\/strong>You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law. To make a purchase via the Services (described in the Section titled \u201cPurchases\u201d below), you must be 18 years or older and capable of forming a binding contract.<\/p>

Registration and Your Information
<\/strong>If you want to use certain features of the Services you\u2019ll have to create an account (\u201cAccount\u201d). You can do this via the App or the Site or through your account with certain third-party social networking services such as Facebook (each, an \u201cSNS Account\u201d). If you choose the SNS Account option we\u2019ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.<\/p>

It\u2019s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don\u2019t, we might have to suspend or terminate your Account. You agree that you won\u2019t disclose your Account password to anyone and you\u2019ll notify us immediately of any unauthorized use of your Account. You\u2019re responsible for all activities that occur under your Account, whether or not you know about them.<\/p>

Using the Services
<\/strong>Via the Services, users can select from a variety of options to create customized training and self-improvement sessions. You can also use the paid functionality of the Services to utilize the enhanced functionality of the Services or purchase items that are offered for sale through the Services (the \u201cProducts\u201d), as described in further detail under the Section titled \u201cPurchases\u201d below.<\/p>

The Services must be used according to the Quick Guide\/User manual available on the Site. Airofit explicitly disclaims any liability arising out of use of the Device and the Airofit system that is not compliant with the user manual.<\/p>

You understand and agree that the Services, Products and any other information you learn from Airofit are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care.  Not all activities described on the Services or Products are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. If you have any medical conditions with your respiratory system, heart or blood pressure, consult your doctor before using the Services. You understand and agree that you are solely responsible for your use of the Services.<\/p>

Purchases<\/strong><\/p>

Fees
<\/strong>Airofit offers certain enhanced features of the Services which you can purchase as a monthly, yearly or lifetime subscription (\u201cSubscription\u201d). A description of features associated with Subscriptions is available via the Services. When you purchase a Subscription or a Product (each, a \u201cTransaction\u201d), we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card and your address(es) for billing and delivery (such information, \u201cPayment Information\u201d). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the Services will be presented to you before you place your order.  If you choose to initiate a Transaction via the Services, you authorize us to provide your Payment Information to third party service providers so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that Airofit may charge your credit card or third party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store, Google Play or the Amazon Appstore) where the App is made available (each, an \u201cApp Provider\u201d), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order.  You\u2019ll receive a confirmation email after we confirm the payment for your order. Your order is not binding on Airofit until accepted and confirmed by Airofit. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.<\/p>

If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Airofit.<\/p>

Airofit reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances Airofit deems appropriate in its sole discretion. Airofit also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). Airofit will either not charge you or refund the charges for orders that we do not process or cancel.<\/p>

Title, Risk of Loss
<\/strong>The risk of loss and title for Products purchased by you pass from Airofit to you on shipment from Airofit\u2019s facility.  All shipments are governed in accordance to Airofit\u2019s standard Shipping Terms.<\/p>

Warranty
<\/strong>Airofit warranties the Device to be free from defects in material or workmanship for a period of twenty-four (24) months from the date of purchase, provided that the product is used in a home environment and according to User Manual. The warranty excludes defects caused by misuse or neglect or arising from wear and tear and applies only to Devices bought directly from Airofit.<\/p>

If you find the Device to be defective, you are obligated to follow the Defect Complaint Return Procedure. A defective Device meeting the warranty conditions set forth herein will be replaced or repaired at no charge.<\/p>

We make no warranty that the Services or Products will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.<\/p>

<\/p>

Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription
<\/strong>All amounts are payable and charged: (i) for one-off purchase (e.g. lifetime Subscription), at the time you place your order; and (ii) For monthly or yearly subscriptions, at the beginning of the subscription and, because each such subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel, using the Payment Information you have provided. You must cancel your monthly or yearly Subscription before it renews to avoid the billing of the fees for the next Subscription period. If you purchase your Subscription via the Site, you can cancel the renewal of your subscription at any time by contacting us by email at onlinesales@xplore.health<\/a>. If you purchase your Subscription via an App Provider, you can cancel the renewal of your subscription at any time with the App Provider. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive the Services ordered until the end of your current Subscription period.<\/p>

Changes to Price Terms for Subscriptions
<\/strong>Airofit reserves the right to change its pricing terms for Subscriptions at any time and Airofit will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to Airofit\u2019s pricing terms then you may choose not to renew your Subscription in accordance with the section \u201cSubscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription.\u201d<\/p>

Future Functionality
<\/strong>You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Airofit regarding future functionality or features.<\/p>

Feedback
<\/strong>We welcome feedback, comments and suggestions for improvements to the Services or Products (\u201cFeedback\u201d). You can submit Feedback by emailing us at onlinesales@xplore.health<\/a>. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicenseable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.<\/p>

Content and Content Rights
<\/strong>For purposes of these Terms, (i) \u201cContent\u201d means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) \u201cUser Content\u201d means any Content that users (including you) provide to be made available through the Services. Content includes without limitation User Content.<\/p>

Content Ownership
<\/strong>Airofit does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Airofit and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the Denmark and other countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.<\/p>

Rights in User Content Granted by You
<\/strong>By making any User Content available through Services you hereby grant to Airofit a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other users.<\/p>

Rights in Content Granted by Airofit
<\/strong>Subject to your compliance with these Terms, Airofit grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download, view, copy and display the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.<\/p>

Rights and Terms for Apps<\/strong><\/p>

Rights in App Granted by Airofit
<\/strong>Subject to your compliance with these Terms, Airofit grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. Airofit reserves all rights in and to the App not expressly granted to you under these Terms. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means.<\/p>

Additional Terms for App Store Apps
<\/strong>If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple\u2019s proprietary operating system software); and (ii) as permitted by the \u201cUsage Rules\u201d set forth in the Apple Store Terms of Service.<\/p>

If you accessed or downloaded the App from an App Provider, then you acknowledge and agree that:<\/p>