Terms of Service (User App)

TERMS OF SERVICE FOR AIIR REMOTE APPLICATIONS

Last revised: July 7, 2025

These Terms of Service for AIIR Remote Applications (the “Terms”) govern your access to and use of certain products and related services of AIIR Products, Inc., a Delaware corporation (“AIIR”), including any web-based or mobile device-based application provided by AIIR to provide certain services and functionality to registered users of AIIR’s products, whether accessed via (i) AIIR’s internet-enabled residential or commercial thermostats or other AIIR internet-enabled product (any of the foregoing, “AIIR Units”); (ii) AIIR’s website at aiirproducts.com (the “AIIR Website”); (iii) any AIIR web-based application (“AIIR Web Applications”); or (iv) any AIIR mobile device-based application that AIIR has made available for download via your smartphone or personal device (the “AIIR App”, and together with any AIIR Web Applications, the “AIIR Remote Applications”, and together with the AIIR Units, the AIIR Website and AIIR Web Applications, the “AIIR Services”). Certain AIIR Services may have additional terms and conditions that apply. 

You may contact AIIR by email at Legal@aiirproducts.com with any inquiries in respect of these Terms. 

PLEASE READ THESE TERMS IN THEIR ENTIRETY AND CAREFULLY BEFORE USING THE AIIR REMOTE APPLICATIONS.

THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS THE CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.

THESE TERMS ARE A LEGAL AGREEMENT. BY ACCESSING AND USING THE AIIR REMOTE APPLICATIONS, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF OR ANY PERSON OR ENTITY YOU REPRESENT IN CONNECTION WITH SUCH ACCESS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR ANY PERSON OR ENTITY YOU RPRESENT. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF ANOTHER PERSON OR ENTITY THEN YOU REPRSENT AND WARRANT TO AIIR THAT YOU HAVE THE AUTHORITY TO BIND THAT PERSON OR ENTITY TO THESE TERMS. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR PLACE OF RESIDENCE TO USE OR ACCESS THE AIIR REMOTE APPLICATIONS AND TO ENTER INTO THIS AGREEMENT. YOU FURTHER REPRESENT AND ACKNOWLEDGE THAT YOU HAVE RAD AND UNDERSTAND THESE TERMS IN FULL. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE PROHIBITED FROM USING THE AIIR REMOTE APPLICATIONS.

1. Eligibility: The AIIR Remote Applications are solely offered and available to individuals who are at least 18 years of age and eligible to use the AIIR Remote Applications.  By accessing or using the AIIR Remote Applications.

2. Account:  In order to use the AIIR Remote Applications, you must have or set up an account with AIIR (the “AIIR Account”).  As part of setting up your AIIR Account, you will be asked to provide certain personal information. If you elect to set up an AIIR Account, then you agree to: (i) provide true, accurate, current and complete information, (ii) maintain and promptly update information that you provide to AIIR, and (iii) not provide any incorrect or non-responsive data into any form or data entry field other than the data requested by AIIR for such field.  In the event that you provide, or AIIR reasonably suspects that you have provided, any information that is untrue, inaccurate, not current or incomplete, then AIIR may in its sole discretion elect to suspend or terminate your AIIR Account and refuse any and all current or future use of the AIIR Remote Applications. 

Your AIIR Account username and password (“Login Information”) are solely for your use or the use of the entity or person you represent. You are solely responsible for the confidentiality and security of your Login Information. You are responsible for all activities that occur under your AIIR Account. AIIR is not obligated to inquire as to the authority, propriety or authenticity of any use of, or action taken under, your Login Information and/or your AIIR Account. 

3. Privacy Policy and Data Sharing: AIIR is committed to protecting your privacy. Please review our Privacy Policy (https://www.aiirproducts.com/legal/privacy-policy) to understand how we collect, use and disclose your personal information gathered by the AIIR Remote Applications. By using the AIIR Units, or otherwise visiting or using any of the AIIR Remote Applications or AIIR Services, you expressly acknowledge that you have reviewed the practices described in our Privacy Policy. 
4. Specific Acknowledgements by Users of the AIIR Remote Applications: As an express condition of your access and use of the AIIR Remote Applications, you acknowledge and agree to all of the following:
   
   1. AIIR may communicate with you via email with respect to the AIIR Services. For example, by registering your device and providing an email address during the account creation process, AIIR may from time to time send you alerts and reminders regarding the AIIR Unit associated with your AIIR Account, notices about software or firmware updates, energy savings advice, news about the AIIR Services, customer feedback or surveys, as well as marketing material related to AIIR and other third-party product offerings. These electronic communications may be sent through email, the AIIR Website, the AIIR Remote Applications, or other communication channels as determined by AIIR. You may unsubscribe from these emails at any time. 
   2. The AIIR Unit associated with your AIIR Account and AIIR Remote Applications collects environmental data, such as temperature and humidity, as well as operational data, such as thermostat run time data and temperature set points from your HVAC equipment. Your AIIR Unit will also collect additional types of data, such as motion sensing (i.e., “occupancy sensing”). Your AIIR Unit will also collect data from remote sensors in addition to the AIIR Unit itself. Our AIIR Units, through machine learning with both on-device and remote processing, environmental sensors, operational HVAC information and usage data, and occupancy sensing data, seek to minimize energy usage or optimize space comfort when you are home or away. Together, this is known as “AIIR Unit Data”.  We use both AIIR Unit Data and AIIR Account Data to enable you to make more intelligent decisions about how to manage your heating and cooling, to reduce your energy bills or to optimize space comfort, depending on your preference. We may also aggregate your AIIR Unit Data with AIIR Unit Data from other homes in order to create reports and benchmarks and to allow you (and others) to compare energy usage, on a deidentified basis, with similar homes. We may also use your AIIR Unit Data to improve the performance of AIIR Units and the AIIR Services. You can delete your AIIR Account and any personal information associated with your AIIR Account Data (excluding any de-identified information) by deleting your AIIR Account using the AIIR Website.  
   3. By connecting an AIIR Unit to your AIIR Account and using the AIIR Remote Applications, in order to enable AIIR to collect the AIIR Unit Data as described above, you acknowledge and agree that you shall provide AIIR with continuous access, at no cost to AIIR, to any home wireless data network that you own or maintain at the site of the AIIR Unit that allows the AIIR Unit to connect to the internet (any such network, a “Home Network”). You may terminate AIIR’s access to the Home Network by deleting your AIIR Account. For the avoidance of doubt, AIIR shall not be liable or have any responsibility for any costs associated with the operation, maintenance or termination of any Home Network or related services. 

5. Limited Use; Reservation of Rights: Subject to the terms and conditions of these Terms, AIIR may make available the AIIR Remote Applications to you for your use. AIIR expressly reserves all rights not expressly granted in or prohibited by these Terms. 

6. Compliance with Laws; Acceptable Use: You agree that you are solely responsible for compliance with any and all laws, rules and regulations that may apply to your use of the AIIR Remote Applications.

You also agree to abide by and not violate the Acceptable Use Policy (set forth in Section 7 of these Terms). If you breach the Acceptable Use Policy, or any other provision of these Terms, AIIR may take whatever steps it deems necessary to protect AIIR, the AIIR Services, AIIR’s business, AIIR’s and its partners’ infrastructure, and AIIR’s other customers, including without limitation by suspending or terminating your AIIR Account and/or your use of any of the AIIR Services and AIIR Remote Applications.

7. Acceptable Use Policy: YOU MAY NOT DO ANY OF THE FOLLOWING IN CONNECTION WITH THE AIIR REMOTE APPLICATIONS: 
   
   1. Use the AIIR Remote Applications for anything other than your personal or internal purposes.
   2. Use the AIIR Remote Applications for any purpose that is illegal, unsafe or fraudulent, or that infringes on any third-party rights, including AIIR’s rights.
   3. Violate, remove, modify or obscure any copyright notices, trademark notices or other proprietary notices or legends that are on or in any of the AIIR Remote Applications. 
   4. Use AIIR’s name, any AIIR trademark, logo or other proprietary information, or the layout and design of any of the AIIR Remote Applications, without AIIR’s express written consent. 
   5. Modify the AIIR Remote Applications or make derivative works based on the AIIR Remote Applications.
   6. Replicate the ‘look and feel’ of the AIIR Remote Applications. 
   7. Decompose, decompile, reverse engineer, disassemble or attempt to gain access to the source code of any part of the AIIR Remote Applications.
   8. Build a product or service using any similar ideas, features, functions, or graphics of the AIIR Remote Applications.
   9. Use the AIIR Remote Applications to provide services for or on behalf of any third party, or commercially exploit the AIIR Remote Applications in any way, including without limitation by framing or mirroring any portion of the AIIR Remote Applications.
   10. Sell, resell, export, transfer, assign, sublicense, rent, lease, loan, provide, copy, reproduce, distribute, redistribute, license, publish, or otherwise make available any portion of the AIIR Remote Applications.
   11. Use the AIIR Remote Applications for purposes of monitoring its availability, performance, or functionality, or for any other benchmarking, comparison, or competitive purpose.
   12. Gain, or attempt to gain, or permit any third party to gain, unauthorized access to the AIIR Remote Applications, including through means not provided by AIIR.
   13. Use any security testing tools in order to probe, scan, or attempt to penetrate or ascertain the AIIR Remote Applications’ security, or to otherwise engage in denial-of-service attacks.
   14. Take any action that imposes, or may impose (as determined by AIIR in its sole discretion) an unreasonable or disproportionately large load on, or otherwise disrupt, restrict, inhibit, or impede AIIR’s infrastructure.
   15. Interfere or attempt to interfere with the proper working of the AIIR Remote Applications, or any activities conducted on or in the AIIR Remote Applications.
   16. Systematically retrieve data or other content from the AIIR Remote Applications to create or compile a collection, compilation, database, directory, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise.

8. Disclaimers: USE OF THE AIIR REMOTE APPLICATIONS, AND ANY DATA OR RELATED RESULTS OBTAINED FROM THE AIIR REMOTE APPLICATIONS, IS SOLELY AT YOUR OWN RISK.

THE AIIR REMOTE APPLICATIONS, AND ANY DATA OR RELATED RESULTS OBTAINED FROM THE AIIR REMOTE APPLICATIONS, IS MADE AS-IS, WHERE-IS, AND AS AVAILABLE.

AIIR DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES WITH THE AIIR REMOTE APPLICATIONS OR ANY DATA OR RELATED RESULTS OBTAINED FROM THE AIIR REMOTE APPLICATIONS, INCLUDING INCREASED COSTS OR OTHER LOSSES OR DAMAGES YOU INCUR AS A RESULT OF YOUR USE OF THE AIIR REMOTE APPLICATIONS OR AS A RESULT OF ANY COLLECTION OF DATA CONDUCTED BY AIIR AS DESCRIBED IN AND IN ACCORDANCE WITH THE PRIVACY POLICY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AIIR DISCLAIMS ANY AND ALL REPRESENTATIONS, GUARANTEES, WARRANTIES, AND CONDITIONS IN RESPECT OF THE AIIR REMOTE APPLICATIONS AND ANY DATA OR RELATED RESULTS OBTAINED FROM THE AIIR REMOTE APPLICATIONS, INCLUDING ANY POSSIBLE ENERGY SAVINGS AND RELATED BENEFITS.

THE DISCLAIMERS IN THIS SECTION 8 APPLY TO ANY AND ALL REPRESENTATIONS, GUARANTEES, WARRANTIES, AND CONDITIONS, WHETHER STATUTORY, COLLATERAL, IMPLIED, EXPRESS, OR ARISING THROUGH A COURSE OF DEALING OR TRADE, INCLUDING ANY REPRESENTATION, GUARANTEE, WARRANTY, OR CONDITION: (I) OF QUALITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, COMPLETENESS, RELIABILITY, ACCESSIBILITY, AVAILABILITY, OR UNINTERRUPTED USE; (II) THAT THE AIIR REMOTE APPLICATIONS OR ANY DATA OR RELATED RESULTS OBTAINED FROM THE AIIR REMOTE APPLICATIONS WILL MEET ANY REQUIREMENTS OR ACHIEVE ANY INTENDED RESULT; AND (III) THAT THE AIIR REMOTE APPLICATIONS OR ANY DATA OR RELATED RESULTS FROM THE AIIR REMOTE APPLICATIONS WILL BE ERROR-FREE OR SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL-OF-SERVICE ATTACKS).

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AIIR WILL CREATE ANY REPRESENTATION, GUARANTEE, WARRANTY, OR CONDITION.

9. Exclusion of Liability: TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER AIIR NOR ANY OF ITS AFFILIATES WILL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (B) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (C) LOSS OF GOODWILL OR REPUTATION; (D) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (E) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER AIIR WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL AIIR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, EXCEED THE PRICE PAID FOR THE RELEVANT AIIR UNIT.

10. Force Majeure: In addition to the exclusions of liability described in Section 9, neither AIIR nor any of its affiliates will be liable because of a failure or delay in performing AIIR’s obligations hereunder on account of any cause beyond AIIR’s reasonable control, including, acts or omissions of any third party, internet availability failures, wireless network failures, cloud service failures, service provider failures, other electricity or power failures, strikes, riots, insurrection, terrorism, fires, earthquakes, other natural disasters, pandemic, acts of God, war, or governmental action.

11. Indemnification: By accessing any of the AIIR Services, you agree to indemnify, defend, and hold harmless AIIR and its affiliates, their shareholders, directors, officers, employees and agents from and against any and all suits, losses, claims, demands, liabilities, damages, costs, and expenses (including reasonable lawyers' fees and expenses) that arise from or relate to your breach of these Terms. AIIR has the right but not the obligation to participate in any defense or settlement. If AIIR chooses to participate, then each party must pay for its own legal fees and related expenses. This obligation survives the termination of these Terms.

12. Feedback: If you submit ideas, suggestions, commentary, or feedback to AIIR regarding the AIIR Remote Applications (or any other product or service offered by AIIR) (collectively, "Feedback"), through any means whatsoever, then you agree that AIIR may use the Feedback freely and for any purpose, without obligation or restriction of any kind on account of intellectual property rights or otherwise. Feedback is and shall be given entirely voluntarily. Even if Feedback is designated as confidential by you, it shall not, absent a separate written agreement, create any confidentiality obligation on the part of AIIR except as otherwise provided by the express terms of these Terms.

13. Intellectual Property Ownership:
    
    1. AIIR reserves all right, title, and interest (including all intellectual property rights) in and to the AIIR Remote Applications (including any content in the AIIR Remote Applications). You do not and will not acquire any rights or licenses in any copyrights, trademarks, patents, or other intellectual property on or in the AIIR Remote Applications.
    2. All trademarks and trade names appearing on or in the Remote AIIR Applications are property of AIIR or AIIR’s vendors or licensors, unless otherwise indicated.  You may not use any such trademark or other trade name for any purpose whatsoever.
    3. AIIR, AIIR’s affiliates and AIIR’s vendors and licensors may enforce its or their intellectual property rights to the fullest extent permitted by law, including against you personally.

14. Updates to the AIIR Remote Applications; Amendments to Terms:
    
    1. AIIR may, in AIIR’s sole discretion, release fixes, patches, or updated versions of the AIIR Remote Applications or otherwise add or remove services, functionalities, content, or features (including modifications to the features, availability, or functionality of any part of any of the foregoing) at any time without notice (each, an “Update”). Upon release, each Update will be deemed to become part of the AIIR Remote Applications and will be subject to these Terms.
    2. AIIR may review and update these Terms from time to time, or any provision thereof, with immediate effect at any time and without notice, subject to any applicable legal requirements to notify you or obtain your consent. The date these Terms were last reviewed and updated is noted at the top of the page. You are responsible for periodically visiting these Terms to check for any changes. Your use of the AIIR Remote Applications following any such update (including those implemented as part of the release of an Update) will constitute your agreement to these Terms in effect at the time of such use.

15. Termination, Rejection, and Suspension:
    
    1. AIIR reserves the right to reject, suspend, or terminate the AIIR Remote Applications and your use of all or any portion of the AIIR Remote Applications at any time and for any reason, in AIIR’s sole discretion. AIIR has no obligation to provide you with any notice of your breach of these Terms, but AIIR may choose to provide notice, and an opportunity to cure such breach, in its sole discretion.
    2. These Terms will continue to apply to your past use of the AIIR Remote Applications, in the form in which it or they then existed at the time of the subject use. Furthermore, termination, rejection, or suspension shall not relieve you of any obligations arising or accruing prior to such termination, rejection, or suspension, or otherwise limit any liability that you otherwise may have to AIIR.
    3. Any provision hereof that by its nature is intended to survive the termination of these Terms will survive such termination.

16. Independent Contractors: For all purposes, AIIR and you are independent contractors and neither party will represent that it has authority to assume or create obligations on behalf of the other party.

17. Applicable Law: These Terms will be governed, construed, and interpreted in accordance with the laws of the State of Texas, without regard to conflict of laws principles.

18. Arbitration, Venue:
    
    1. YOU AGREE THAT ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR IN RESPECT OF ANY LEGAL RELATIONSHIP ASSOCIATED WITH OR DERIVED FROM THESE TERMS, WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION AND IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES. THE ARBITRATION WILL TAKE PLACE IN DALLAS, TEXAS. THE LANGUAGE OF THE ARBITRATION WILL BE ENGLISH.
    2. TO THE EXTENT ARBITRATION AS DESCRIBED IN THIS SECTION 18 IS PROHIBITED BY APPLICABLE LAW, THEN YOU AGREE THAT ALL CLAIMS WILL BE HEARD AND RESOLVED IN A COURT OF COMPETENT SUBJECT MATTER JURISDICTION LOCATED IN DALLAS, TEXAS. YOU CONSENT TO THE PERSONAL JURISDICTION OF SUCH COURTS OVER YOU, STIPULATE TO THE FAIRNESS AND CONVENIENCE OF PROCEEDING IN SUCH COURTS, AND COVENANT NOT TO ASSERT ANY OBJECTION TO PROCEEDING IN SUCH COURTS.

19. Waiver of Class Action: YOU AGREE AND ACKNOWLEDGE THAT YOU MAY ONLY RESOLVE DISPUTES WITH AIIR IN CONNECTION WITH THESE TERMS ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

20. Waiver of Jury Trial: THE PARTIES EXPRESSLY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. IN THE EVENT ANY LITIGATION SHOULD ARISE BETWEEN YOU AND AIIR IN A SUIT TO VACATE OR ENFORCE AN ARBITRATION AWARD OR OTHERWISE, YOU AND AIIR WAIVE ALL RIGHTS TO A JURY TRIAL, INSTEAD ELECTING THAT THE DISPUTE BE RESOLVED BY A JUDGE, AND AGREE TO TAKE ANY AND ALL ACTION NECESSARY OR APPROPRIATE TO EFFECT SUCH WAIVER.

21. Severability; Entire Agreement; Waiver: If any provision of these Terms is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions of these Terms shall remain in full force and effect. These Terms constitute the entire understanding, and supersede all other understandings, between you and AIIR concerning the AIIR Remote Applications. No waiver of a right granted under these Terms by a party will be effective unless it is in writing and signed by the party waiving its right. A waiver of a right by a party (or failure by a party to enforce a provision of these Terms) will be effective only in the specific instance and for the specific purpose for which it is provided. No waiver will be deemed a waiver of any prior or subsequent default hereunder.

22. Assignment: AIIR may assign or transfer these Terms in whole or in part at any time without your consent. You may not assign these Terms or assign, transfer, or delegate your AIIR Account or any of your rights or obligations under these Terms. Any purported assignment, transfer, or delegation in violation of this provision shall be void from the outset.

23. Interpretation: Headings are inserted for convenience of reference only and will not affect the construction or interpretation of the Agreement. Where the word “including” or “includes” is used herein, it means “including without limitation” or “includes without limitation,” respectively. The language used in these Terms are the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.

24. Contact Information: Please send notices via email to legal@aiirproducts.com, or via mail to AIIR Products, 3200 Earhart Drive, Carrollton, Texas 75006

Copyright © 2025. AIIR Products, Inc. All Rights Reserved.