Terms of services

TELLUS Terms Of Use And Conditions
(Updated as of July 01, 2024)

INTRODUCTION

THE FOLLOWING AGREEMENT BETWEEN YOU AND TELLUS NETWORKED SENSOR SOLUTIONS, INC. COVERS THE TERMS OF USE AND CONDITIONS FOR THE TELLUS PRODUCT, SOFTWARE, APPLICATION, AND WEBSITE(S) (COLLECTIVELY KNOWN AS THE “SERVICES”). IN ORDER TO DEFINE THE RELATIONSHIP BETWEEN YOU AND TELLUS AND ITS SERVICES, IT IS IMPORTANT FOR YOU TO READ AND UNDERSTAND THE FOLLOWING TERMS. BY CREATING AN AIRVIEW ACCOUNT YOU ELECTRONICALLY CONSENT THAT THESE TERMS APPLY TO YOU WHEN ACCESSING OR USING THE SERVICES.

TELLUS Sensor Network Solutions, Inc. (“TELLUS”) provides the following Services, which permit you to utilize certain Internet services and make this content available on your compatible devices and computers, only as defined by the terms of this Agreement. Specifically, the Services directly refer to the TELLUS website(s) including but not limited to www.TELLUSensors.com, AirView.TELLUSensors.com, and any related family of websites. This site in its entirety is owned by TELLUS Sensor Network Solutions, Inc. doing business as “TELLUS.” Reference to the terms “TELLUS,” “AirU,” “AirView,” “CoreDI,” “us,” the “Company,” and “we” collectively refer to all the corporate embodiments and affiliations owned by TELLUS.

SERVICE DESCRIPTION

The Service is a platform where users may elect to obtain air quality information and monitoring via sensors sold by TELLUS (referred to as “AirU” and described below). AirU purchasers and visitors to this Site are collectively referred to as “users” in these Terms.

SERVICE USE REQUIREMENTS

A. Age Restrictions. The Services provided by TELLUS are only available to individuals 18 years or older. By using the Service and/or Product(s), you agree that you are of legal age to form a binding contract with TELLUS, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms and register for the Service and/or Product(s). The Service and/or Product(s) are not available to individuals under the age of 18 (“Minor”) unless a parent and/or legal guardian has consented on behalf of said Minor. A consenting parent and/or legal guardian also warrants and represents that they assume all risk(s) and liabilities on behalf of the Minor’s engagement with the Product(s) and related Services.

B. Use Limitations. You agree to use the Services for purposes only permitted by this Agreement, and to the extent permitted only by applicable law or regulations.

C. User Accounts and Devices. TELLUS reserves the right to limit the number of accounts created from a particular device and the number of devices associated with a user account.

D. Service Availability. TELLUS’s services and its related features may not be available in all languages and/or all countries. TELLUS makes no representation that its services and related features are appropriate or available for use in any specific location. In your election to use and access the services, you do so upon your own initiative and compliance with local laws.

E. Changes to Services. TELLUS reserves the right to change, modify, or adjust the terms of this Agreement in its sole discretion and at any time. TELLUS will make best efforts to communicate such changes, modifications, and/or adjustments to the Agreement terms to you. Continued use of the services after changes, modifications, and/or adjustments to this Agreement constitutes your consent to the revised terms. If you do not agree to TELLUS’s changes, modifications, and/or adjustments to the terms of this Agreement, then you can promptly terminate the services.

SERVICE FEATURES

A. Location Based Information. In order to offer best-in-class services, TELLUS and its partners and/or licensors may provide features or services that rely upon location-based data as derived from the AirU Sensors (“AirUs”). These provided features or services require TELLUS and its partners and/or licensors to collect, use, transmit, maintain, and process your location data. You may elect to withdraw consent from TELLUS and its partners and/or licensors from the collection, use, transmission, maintenance, and processing of your location data by removing any PAS or updating your PAS settings.

B. Backup. As part of its current backup protocol, TELLUS creates regular backups for user data and content. However, even with reasonable skill and careful backup measures, TELLUS DOES NOT GUARANTEE OR WARRANT THAT ANY CONTENT YOU MAY STORE, ACCESS, OR DISSEMINATE THROUGH OUR SERVICES WILL NOT BE SUBJECT TO DAMAGE, CORRUPTION, LOSS, OR REMOVAL IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. AS SUCH, TELLUS WILL NOT BE RESPONSIBLE FOR INSTANCES OF DAMAGE, LOSS, CORRUPTION, OR REMOVAL OF YOUR CONTENT. You acknowledge and agree that you are responsible for maintaining proper backup measures for your content and related data.

TELLUS USE OF SERVICES

A. Account Registration. You may browse the Site without registering, but in order to enjoy the TELLUS services, you must become a registered user by establishing a valid AirView Account. You agree and acknowledge that you will take precautionary measures to secure your Account and its confidentiality. In the event your confidentiality measures are breached or compromised, you agree to notify TELLUS immediately. Although TELLUS will exercise reasonable care with respect to our security protocols, TELLUS is not personally responsible for losses that may arise from the unauthorized use of your Account. You agree to use the log-in authentication process as defined by TELLUS. You agree to refrain from using a username that is the name of another person other than you or selecting a username that is not lawfully available to use, or violates any trademark or copyright. Usernames that are vulgar, obscene, or offensive will violate the terms of this Agreement and result in Account termination.

B. AirView Map Feature. When using the Service and specifically the AirU, you acknowledge and agree that any sensor-generated data (in its entirety) is owned exclusively by TELLUS. TELLUS grants individual users a non-exclusive, royalty-free license to use Service features, including access to the AirView Map, through the purchase of Services. Organizations required to license AirView content separately are excluded from this provision. In order to use the AirView Map, we may require integration with third-party providers, and you consent to this integration as a condition to use the Service.

C. Receiving Invitations. Existing AirU Users may invite you to join the service via email, SMS/text message, or other ways. TELLUS may help members extend these invitations (which may include reminders) by requesting access to the User’s email or other contacts or asking the inviting member to provide the invited person’s email. If you aren’t a member, you can opt out of future email invitations or reminders or ask us to amend or delete any personal information about you by contacting us using this email support@tellusensors.com.

D. Third Party Registration (e.g., Google). If you register your AirU sensor using your Google account or another third-party service, we automatically request your email address and publicly available information, including your account ID, name, and gender as well as public information for authentication purposes. For example, if you revisit TELLUS while logged into one of these third-party services, we’ll automatically log you into your AirView account. In turn, if you don’t register for AirView via Google but later attempt to log into AirView using your Google credentials, we’ll connect your Google and AirView accounts and request the necessary information as if you were newly registering. Information gathered by any third-party service in connection with your use of their products, features, and services are governed by each service’s specific data policy.

E. Communications and Notifications. By registering an account with us, you acknowledge and agree to receive communications from us including but not limited to emails, direct messages, and/or push notifications. In the event you wish to not receive these communications and/or notifications, you may contact us at support@TELLUSensors.com.

F. Products: AirU sensors. In order to use the Services in their entirety, it may be necessary for you to purchase the appropriate AirU. We solely determine what AirU Product(s) will be sold through our Site as well as all pricing discounts, offers, incentives, coupons, and coupon codes that we may offer from time to time. For every order you place, you are (i) offering to purchase a product, (ii) representing that you are of legal age to enter and execute a legally binding contract in the United States, and (iii) representing that all information you provide to us in connection with such order is true and accurate including the method of payment(s) and payment instrument. The receipt by you of an order confirmation does not constitute a formal acceptance by TELLUS. We retain the right to refuse any request to purchase made by you for any reason whatsoever. Prior to TELLUS accepting any order, we have the right to verify any information you send to us. TELLUS reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from us. In its sole discretion, TELLUS reserves the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, TELLUS shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is confirmed and/or whether your payment method has been charged. If your credit card has been charged, TELLUS will immediately issue a credit to your account in the amount of the incorrect price.

PRIVACY POLICY

A. Privacy Policy. Your use of the Services is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy here. By using the Services, you consent to the collection, use, and sharing of your data as described in the Privacy Policy.

OWNERSHIP AND LICENSE

A. Intellectual Property Rights. All rights, titles, and interests in and to the Services, including any intellectual property rights therein, are owned by TELLUS. The Services and all content and materials provided through the Services are protected by copyright, trademark, and other intellectual property laws. You agree not to copy, modify, distribute, or create derivative works of the Services or any content provided through the Services without express written permission from TELLUS.

B. Licensing of Processed Data. TELLUS grants you a non-exclusive, non-transferable, royalty-free license to use Processed Data obtained through the purchase of AirView services, subject to the terms of the AirView service agreement. Processed Data includes calibrated and modeled data derived from publicly available sensors and AirU monitors.

C. Restrictions on Use. TELLUS retains exclusive rights to all Raw Data and Processed Data. Raw Data and Processed Data may not be used for monetary gain or any purpose other than those expressly authorized by TELLUS. Any use of TELLUS data for purposes not expressly authorized requires prior written consent from TELLUS. Disclosure of any TELLUS data to third parties is prohibited without explicit written consent from TELLUS.

D. Ownership of Data. Raw Data collected by AirU sensors is owned by TELLUS, unless otherwise agreed upon in writing prior to the deployment of the AirU device. Users may request ownership of Raw Data in specific cases, subject to prior written agreement with TELLUS. Processed Data is owned by TELLUS and licensed to users through the AirView services.

USER OBLIGATIONS

A. Compliance. You agree to comply with all applicable laws, regulations, and guidelines when using the Services. You will not use the Services for any unlawful or prohibited purpose.

B. Confidentiality. You agree to maintain the confidentiality of your account information and not to share it with any unauthorized third parties. You are responsible for any activities that occur under your account.

C. Data Security. You agree to take reasonable measures to protect your data and content from unauthorized access, loss, or damage. TELLUS will use reasonable efforts to protect your data, but does not guarantee its absolute security.

DISPUTE RESOLUTION

A. Governing Law. This Agreement and any disputes arising out of or related to it will be governed by the laws of the State of Utah, without regard to its conflict of laws principles.

B. Dispute Resolution. Any disputes or claims arising from this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration will take place in Salt Lake City, Utah.

GENERAL TERMS

A. Modifications. TELLUS reserves the right to modify or update these Terms at any time. Any changes will be effective upon posting the updated Terms on the TELLUS website. Your continued use of the Services constitutes acceptance of the modified Terms.

B. Termination. TELLUS may terminate your access to the Services at any time for any reason, with or without notice. Upon termination, you must cease all use of the Services and delete any associated content.

C. Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

D. Entire Agreement. These Terms constitute the entire agreement between you and TELLUS regarding the use of the Services and supersede all prior agreements and understandings, whether written or oral.

CONTACT US

If you have any questions or concerns about these Terms, please contact us at:

TELLUS Networked Sensor Solutions, Inc.
Email: support@tellusensors.com
Website: www.tellusensors.com