Welcome to AirTrack, a product of Air Aware Labs. These Terms of Use ("Terms") govern your use of AirTrack, a service provided by Air Aware Labs. By using AirTrack, you agree to these Terms. Please read them carefully. If you do not agree with any of these Terms, you are prohibited from using the AirTrack service.

1. Acceptance of Terms

By accessing and using AirTrack, you accept and agree to be bound by these Terms and any posted guidelines or rules applicable to the services provided.

2. Description of Service

AirTrack is a service that provides personalised air quality information based on your activity data. It currently integrates with Strava and may integrate with other third-party services in the future. AirTrack includes a dashboard and will offer a direct-to-consumer app to help users understand their exposure to air pollution during physical activities and make informed decisions to minimise health risks.

3. Subscription and Billing

By subscribing to AirTrack Premium, you acknowledge that the service involves recurring billing. Payment will be charged on a monthly or annual basis, depending on the plan you select.

• Monthly Subscriptions: After any introductory or discounted period, your monthly subscription fee will revert to the regular price (e.g., £2.99 per month) unless cancelled prior to the renewal date.
• Annual Subscriptions: You will be charged for the full year upfront. Refunds for early cancellation of an annual subscription are not provided unless stated otherwise. Please refer to the specific cancellation terms for annual plans in your account settings.

The exact cost of your subscription will be shown at checkout, including any discounts or introductory offers. The discounted price and the regular price after the discount will be made explicitly clear during the sign-up process.

Important: By subscribing, you agree that Air Aware Labs has the right to charge your payment method on a recurring basis until you cancel the subscription.

By subscribing to AirTrack, you acknowledge that payment processing services for our service are provided by Stripe and are subject to Stripe’s Terms of Service and Privacy Policy. By using AirTrack and agreeing to these Terms, you also agree to be bound by Stripe’s terms.

By providing a payment method to Stripe, you authorise us and Stripe to charge the applicable subscription fees on a recurring basis (monthly or annually, depending on your chosen plan) as described during your sign-up process. Your payment will automatically renew until cancelled.

We take the security of your payment information seriously. Stripe is PCI-DSS compliant, meaning it adheres to the highest security standards for handling payment information. Air Aware Labs does not store your full payment information; all sensitive payment details are securely processed and stored by Stripe. If you choose to delete your AirTrack account, we will no longer have access to your payment information; however, Stripe may retain certain data in accordance with its legal obligations. For more information on how Stripe handles data, please refer to their Privacy Policy.

4. Cancellation and Refunds

You can cancel your AirTrack subscription at any time. If you cancel a monthly subscription, you will continue to have access to the service until the end of the current billing cycle, but no further charges will be made. No refunds will be provided for the remaining period of a monthly subscription once billed.

For annual subscriptions, cancellation will not result in a pro-rated refund unless explicitly offered as part of a specific promotion. You will retain access to AirTrack until the end of your billing year, after which the subscription will not renew unless you resubscribe.

All transactions, including subscription charges and refunds, are processed through Stripe. If a payment fails to process due to issues with your payment method (e.g., expired credit card or insufficient funds), Stripe will attempt to charge the payment method again. If the payment continues to fail, your subscription may be suspended, and access to the AirTrack service may be restricted until payment is successfully completed.

If you believe a payment has been processed incorrectly or you wish to dispute a transaction, please contact us immediately at support@airawarelabs.com. All payment disputes will be handled in accordance with Stripe’s dispute resolution process. You are responsible for reviewing your subscription charges and ensuring any discrepancies are reported within a reasonable time frame.

5. User Obligations

As a user, you agree to:

• Provide accurate, current, and complete information about yourself as prompted by AirTrack.
• Maintain and promptly update your information to keep it accurate, current, and complete.
• Use AirTrack only for personal, non-commercial purposes.
• Not use AirTrack for any unlawful or prohibited activities.
• You are responsible for maintaining accurate and complete payment information in your account. Failure to provide a valid payment method or resolve payment issues may result in the suspension or termination of your subscription and access to the Premium or Pro service.

6. Data Collection and Privacy

We collect, use, and share your data as described in our Privacy Policy. By using AirTrack, you consent to the collection and use of your data, including activity data from Strava and other integrated third-party services, in accordance with the Privacy Policy.

7. Intellectual Property

All content included on AirTrack, such as text, graphics, logos, and software, is the property of Air Aware Labs and is protected by applicable intellectual property laws. Unauthorised use of any materials on AirTrack may violate copyright, trademark, and other laws.

8. Limitation of Liability

Air Aware Labs will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of AirTrack. We do not guarantee the accuracy, completeness, or usefulness of any information provided by AirTrack.

9. Termination

We reserve the right to terminate or suspend your access to AirTrack at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of AirTrack, us, or third parties, or for any other reason.

10. Changes to Terms

Air Aware Labs reserves the right to modify these Terms at any time. We will notify users of any significant changes by posting the new terms on our website. Your continued use of AirTrack after any changes to these terms constitutes your acceptance of the new terms.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles.

12. Our Service

AirTrack provides you with various features and services, including:

• Offering personalised air quality insights based on your activity data from third parties such as Strava.
• Utilising technologies such as artificial intelligence and machine learning to improve our services.
• Connecting you with relevant information about air quality, health, and related topics.
• Providing access to a dashboard and a future app for direct-to-consumer interactions.

13. Your Commitments

In return for our commitment to provide the Service, we require you to make the following commitments:

• You must be at least 18 years old.
• You must not be prohibited from receiving any aspect of our Service under applicable laws.
• We must not have previously disabled your account for violation of law or any of our policies.

14. Prohibited Uses

You agree not to:

• Impersonate others or provide inaccurate information.
• Use AirTrack for any unlawful, misleading, or fraudulent activities.
• Violate these Terms or our policies.
• Interfere with or impair the intended operation of the Service.
• Create accounts or collect information in an unauthorised way.
• Post someone else's private or confidential information without permission.
• Modify, translate, create derivative works of, or reverse-engineer our products or their components.

15. Permissions You Give to Us

As part of our agreement, you give us permissions necessary to provide the Service:

• All content and data remain entirely owned by Air Aware Labs.
• You give us permission to show your username, profile picture, and information about your actions next to or in connection with ads and other sponsored content without any compensation to you.

16. Content Removal and Account Termination

We can remove or restrict content or information shared on AirTrack if we believe it violates these Terms or our policies. We can also terminate or change the Service, remove or block content, or stop providing all or part of the Service if necessary to avoid or mitigate adverse legal or regulatory impacts on us. In the case of termination or suspension, we may notify you of the action and provide the reason, though in some cases we may not provide notice if doing so would violate the law or put our systems at risk.

If your account is terminated, you may not be eligible for a refund of any fees paid, and we reserve the right to refuse future access to the Service under any new accounts you may attempt to create.

We also retain the right to modify or discontinue any part of the Service or the entire platform, at any time, without liability. If the termination is a result of a violation of these Terms, any remaining rights to the use of the Service will be forfeited.

17. Disputes

If a claim or dispute arises out of or relates to your use of AirTrack, you agree to resolve it in the courts of England and Wales.

18. Contact Information

If you have any questions about these Terms, please contact us at support@airawarelabs.com.

By using AirTrack, you acknowledge that you have read, understood, and agree to be bound by these Terms.

Effective date: 9 July 2024
Updated: 6 September 2024

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