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Terms of Use


 WatchAir Terms of Service

 

Thanks for using WatchAir. These terms of service (“Terms”) cover your use and access to our services for client software and websites (“Services”). By using our Services, you are agreeing to these terms. Please read them carefully. Our Privacy Policy explains how we collect and use your information while our Acceptable Use Policy outlines your responsibilities when using our Services. By using our Services, you’re agreeing to be bound by these Terms, and to review our Privacy and Acceptable Use policies. If you’re using our Services for an organization, you’re agreeing to these Terms on behalf of that organization.

 

Using our Services

You must follow any policies made available to you within the Services; you must comply with our Acceptable Use Policy. Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services display some content that is not WatchAir’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do. We aren’t responsible for the content people post and share via the Services. Please safeguard your password to the Services, make sure that others don’t have access to it, and keep your account information current.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

 

Privacy and Copyright Protection

WatchAir’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that WatchAir can use such data in accordance with our privacy policies. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. We provide information to help copyright holders manage their intellectual property online. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and WatchAir’s policy about responding to notices.

 

Paid Accounts

Billing. We’ll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so.

No Refunds. You may cancel your WatchAir Paid Account at any time but you won’t be issued a refund.

Downgrades. Your Paid Account will remain in effect until it’s cancelled or terminated under these Terms. If you don’t pay for your Paid Account on time, we reserve the right to suspend your account.

Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.

 

About Software in our Services

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

WatchAir gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by WatchAir as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by WatchAir, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

 

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

You are free to stop using our Services at any time, although we’ll be sorry to see you go. WatchAir may also stop providing Services to you, or add or create new limits to our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you’re not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services. We’ll of course provide you with notice via the email address associated with your account before we do so.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

 

Our Warranties and Disclaimers

We strive to provide excellent services, but there are certain things that we can’t guarantee. To the fullest extent permitted by law, WatchAir and its affiliates, suppliers and distributors make no warranty, either express or implied, about the services. The services are provided “as is.” we also disclaim any warranties of merchantability, fitness for a particular purpose and non-infringement. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.

 

Liability for our Services

When permitted by law, WatchAir, and WatchAir’s suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.

To the extent permitted by law, the total liability of WatchAir, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the services (or, if we choose, to supplying you the services again). In all cases, WatchAir, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.

 

Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify WatchAir and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

 

About these Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between WatchAir and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Orange County, California, USA, and you and WatchAir consent to personal jurisdiction in those courts.

 

Controlling Law

These Terms will be governed by California law except for its conflicts of laws principles, unless otherwise required by a mandatory law of any other jurisdiction.

 

Entire Agreement

These Terms constitute the entire agreement between you and WatchAir with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

 

Waiver, Severability & Assignment

WatchAir‘s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. WatchAir may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.