Terms of Use for Airalux

Last Updated: December 24, 2024

1. Introduction

Welcome to Airalux Medical. These Terms of Use (“Terms”) govern your access to and use of our website, devices, software applications, and services (collectively, the “Services”) provided by Airalux Medical, Inc. (“Airalux,” “we,” “us,” or “our”). By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree, you may not use our Services.

2. Eligibility

By using our Services, you represent that you are at least 18 years of age or have the consent of a legal guardian and are legally capable of entering into binding agreements.

3. Medical Disclaimer

Airalux is not a healthcare provider. Our products and Services are designed to assist healthcare providers and patients in managing lung recovery. Any information or recommendations provided by the Airalux device or app should not be construed as medical advice. Consult with your healthcare provider for medical advice, diagnosis, or treatment.

4. Use of Services

Purpose: You may use the Services solely for their intended purpose in compliance with these Terms and applicable laws.

Restrictions: You may not:

Misuse or interfere with the functionality of the Services.

Attempt to reverse engineer, disassemble, or copy our devices or software.

Use the Services for any unlawful purpose.

5. User Accounts

To access certain features of our Services, you may need to create an account. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account. Notify us immediately of any unauthorized access or use.

6. Data Collection and Privacy

Airalux collects and processes data as outlined in our Privacy Policy. By using the Services, you consent to the collection and use of your data as described in the Privacy Policy.

7. Intellectual Property

All content and intellectual property rights associated with the Airalux Services, including but not limited to designs, trademarks, logos, and patents, are owned by Airalux Medical, Inc. or its licensors. You are granted a limited, non-exclusive license to use the Services for personal or clinical purposes as intended.

8. Device Usage and Maintenance

Responsibility: Users must ensure the proper maintenance, care, and cleaning of Airalux devices in accordance with provided instructions.

Updates: Airalux may update the software associated with the device remotely or provide firmware updates to enhance performance.

9. Warranty Disclaimer

The Airalux device and Services are provided “as is” and “as available.” To the fullest extent permitted by law, Airalux disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

10. Limitation of Liability

To the maximum extent permitted by law, Airalux shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or related to the use or inability to use the Services, even if advised of the possibility of such damages.

11. Indemnification

You agree to indemnify and hold Airalux harmless from any claims, liabilities, damages, or expenses arising out of your use of the Services, violation of these Terms, or infringement of any third-party rights.

12. Modifications

We may update these Terms at any time to reflect changes in our Services or applicable laws. We will notify users of significant changes. Continued use of the Services after updates constitutes acceptance of the revised Terms.

13. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Pennsylvania, without regard to its conflict of laws principles. Any disputes arising under these Terms shall be resolved exclusively in the courts of Delaware.

14. Termination

Airalux may suspend or terminate your access to the Services for violation of these Terms or any applicable law. Termination does not limit any other rights or remedies available to Airalux.

15. Contact Information

For questions or concerns about these Terms or the Services, contact us at: info@airalux.com

By using Airalux’s Services, you acknowledge that you have read, understood, and agree to these Terms of Use.