Terms of Use / Terms & Conditions 2018-12-21T15:10:03+00:00

TERMS OF USE

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

License to use website

Unless otherwise stated, Aerial Technologies and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website except for content specifically and expressly made available for redistribution.

Acceptable Use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

No Warranties

This website is provided “as is” without any representations or warranties, express or implied.  Aerial Technologies makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Aerial Technologies does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations of Liability

Aerial Technologies will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

Other Parties

You accept that, as a limited liability entity, Aerial Technologies has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Aerial Technologies officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Aerial Technologies officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Aerial Technologies.

Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with the Province of Quebec Law, Canada, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Montreal, Canada.

TERMS & CONDITIONS

Thank you for choosing the Aerial Motion Detection smartphone app (the “Application”) These Terms and Conditions (“Terms”) define the full agreement between you (“You” or “Your”) and Aerial Technologies Inc. (“Aerial”), and its partners, for the use of the Application. The Application gives you access to a wireless service (“Service”) that has the ability to detect live human motion within a dwelling and utilizes radio frequency statistical data collected from within your dwelling to enable said Service.

Additionally, the Service can be enabled (“armed”) by you so that it sends a notification to the Application if human motion is detected when no human motion is expected (“Intrusion”). The Application can display the live activity within the dwelling on demand and will keep a history of activity and a list of Intrusions.

Entering into a Binding Agreement

These Terms define the full agreement between You and Aerial and its partner for the use of the Application.  By downloading, installing, and/or using this Application on Your smart phone, other mobile device (“Internet-enabled Device”), You shall be conclusively deemed to have accepted these Terms and entered into a binding agreement.  If You do not agree to these Terms, do not download, install or use this Application.  These Terms do not create any fiduciary relationship, partnership relationship, or principal and agent relationship relationship between You and Aerial and its business partner.  A copy of these Terms may be obtained through the About page of this Application.

Representations about You

You represent that You reside in the European Union, and You will only use this Application in the European Union.  If you are at least eighteen (18) years of age, You further represent that you have the capacity and authority to enter into these Terms and You are only entering into these Terms on Your own behalf. If you are under eighteen (18) years of age, You further represent that Your parent or legal guardian has accepted these Terms on your behalf and that such parent or legal guardian has the capacity and authority to enter into these Terms. If You are under 18, You should not provide information in this Application and must ask Your parent to do so for You.

Equipment Requirements

You understand that proper operation of the Application may require certain equipment and services that Aerial does not directly provide, maintain or operate but instead it is the responsibility of either You and/or the partner of Aerial with whom you entered into this agreement.

In order to access and receive the Service via the Application, You must:

  • Have an active and properly functioning mobile device with either the Android 5.0 Lollipop operating system or the Apple iPhone OS 11.1 and higher,
  • Have an Internet-enabled device supplied by your Internet Service Provider (“ISP”) also known as an Access Point or Home Gateway Unit,
  • Have a physical plug-in device supplied by your ISP that will enable the Service to function properly
  • You must be subscribed to the service,
  • You must be within range of appropriate WiFi device in your home or dwelling,
  • You must give Your consent when setting up your account in the application, and
  • Have the appropriate security on the Internet-enabled Device (e.g., no alterations to device security (e.g., jail-broken or rooted mobile devices might not be supported for security reasons) and/or a certain level of device security or security protocols may be required)

You further understand that Equipment Requirements may change at any time, without notice, and further access to the Application may require acceptance of additional agreements or a newer version of these Terms (e.g., the Application may become obsolete by a newer version, which may require updating an operating system, which may require downloading a new version of the Application and accepting a newer version of these Terms).

Usage License

Aerial hereby grants You a non-exclusive, non-transferable license to download, install and use this Application to access the Motion Detection Service in accordance with these Terms, subject to your acceptance of the applicable Service Terms.  You agree not to reproduce, redistribute or use this Application, or any part of it, by any means or for any purposes other than in accordance with these Terms.  You agree that Aerial will retain all title and interest in this Application.  You agree not to remove, alter, or otherwise obscure any trademark, copyright or other proprietary rights notices contained within or displayed by this Application.

Personal, Non-Commercial Use

You may only use the Application for Your own personal, non-commercial use.

Third Party Services

Use of this Application requires the involvement of hardware, services, and applications that were not developed by Aerial and that are not under the control of Aerial, such as Your Internet-enabled Devices, the network provided by Your Internet Service Provider and other applications.  Aerial cannot assure You that these third party hardware, services, and applications will function correctly with this Application, and expressly denies any liability related to the involvement and interaction with these third party hardware, services, and applications.

Fees, Costs and Other Expenses

This Application makes use of a data network operated by Your Internet Service Provider to send data from Your Internet-enabled Device to Aerial’s cloud servers.  Depending on Your data plan, You may incur charges from Your wireless or Internet Service Provider for use of its network and/or for other services.  You are solely responsible for any and all costs You incur as a result of Your usage of this Application.

Your Responsibilities

To access this Application, You are required to login with a valid user name and password.  You are responsible for maintaining the confidentiality of any such user name and password and are fully responsible for all activities that occur under such name and password.  You understand that You can help prevent unauthorized access by logging out of the Application.  You agree to notify your ISP of any unauthorized use of Your user name and password.  Aerial and its partner maintain exclusive control of access and right of access to this Application.  You understand and agree that we reserve the right to revoke Your registration at any time without notice or cause, for any reason whatsoever.

You agree that it is Your responsibility to use the Application in a responsible manner, including abiding by all applicable laws and/or rules.

Important Notice Concerning Customer Privacy

Aerial values the trust that You place in us.  In turn, we guard that trust by respecting Your privacy, particularly as it relates to maintaining the confidentiality of any personal information that we receive.  This notice explains the types of information we collect through this Application, how we use it, and the circumstances under which we may share it.  This notice is provided on behalf of Aerial and applies to the use of this Application.  This notice applies only to the customer information that we receive in connection with Your use of this Application.  You can access the current policies online at https://www.aerial.ai/privacy-policy, or you may request a copy by sending us and email via the About page in the Application.

Collection and Use of Data

You understand that if you consent to use the Application, it may collect information that personally identifies You (“Personally Identifiable Information” or “PII”).  “Personally Identifiable Information” or “Personal Information” refers to an individual’s first and last name in combination with a valid email address.

Personally Identifiable Information is captured to enable the Application to create an account and to support for the owner. When You use the Application, Personally Identifiable Information is voluntarily furnished by You.  We limit the Personally Identifiable Information we collect from You while using this Application to what is necessary to provide the Service, measure Application activity/usage, improve the usefulness of the Application, administer our business, provide service, develop future services and/or products, prevent fraud or misuse, as required by law, facilitate the provision of software updates, for product support, protect our rights or property, verify compliance with these Terms, and other related uses we may develop (“Contemplated Uses”).

All data, whether PII or motion data are encrypted at rest and in transit, as well as tokenized to ensure Your security as far as best practices and current technologies allow.

In order to best serve Your needs, we gather and retain the following information:

  • Information we receive from You.
  • Information about Your use of the Application and the application environment, including the type of device and operating system used to access the Application, the data and time the Application is accessed, and the pages and functions of the Application that are used.
  • Aggregate Information. This is the data we collect about the performance of our Application as it relates to motion data only. No personally Identifiable Information is contained in the aggregate data. In other words, information about how You use a service may be collected and combined with information about how others use the same Service, but no Personally Identifiable Information will be included in the resulting data.  Aggregate data helps us understand trends and customer needs so that we can better consider new products and services and tailor existing products and services to customer needs.

You hereby consent to our collection of this information and the Contemplated Uses and You further agree that to perform these uses Aerial may share this information with its partner used by Aerial (e.g., companies who may assist Aerial in conducting surveys and research to help Aerial provide better products and services), authorities, or as may be required by law or reasonably required to perform the Contemplated Uses (e.g., to outside attorneys or experts to assist in litigation resolution).

Links and External Websites

This Application contains a link to Aerial’s website. This website is only used for the purposes of furnishing information about Aerial Technologies, its available services and publicly available company information and contact information. No other use is permitted for this website. If due to technical beyond Aerial’s control or other unforeseen reasons You cannot reach or view the Aerial website, Aerial is not responsible for any a damages that could arise.

Changes to the Terms, Privacy Policy

We reserve the right, in our sole discretion, to change these Terms and our privacy policy at any time.  If You do not accept any updated Terms, Your access to the Application may be terminated immediately.  We encourage You to review these Terms and our privacy policy often to make sure You understand how information You provide will be used.

DISCLAIMER OF WARRANTIES; LIMITATION ON LIABILITY*

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THIS APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND INFORMATION ON THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AERIAL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND INFORMATION ON THE APPLICATION, EITHER EXPRESS, IMPLIED OR STATUTORY.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AERIAL OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.  AS EXAMPLES, AND WITHOUT LIMITATION, AERIAL DOES NOT GUARANTEE AND DISCLAIM ANY WARRANTY REGARDING THE ACCURACY OF DATA PROVIDED BY THE APPLICATION; AERIAL DOES NOT GUARANTEE AGAINST LOSS OF APPLICATION DATA, WHICH MAY BE LOST AT ANY TIME; AERIAL DOES NOT GUARANTEE THAT THE SERVICES WILL BE PROVIDED AT ALL TIMES OR ALL SERVICES WILL BE AVAILABLE (E.G., SERVICES MAY BE SUSPENDED OR INTERRUPTED WITHOUT NOTICE (E.G., FOR REPAIR, MAINTENANCE, SECURITY FIXES, UPDATES, ETC.), SERVICES MAY BE UNAVAILABLE IN YOUR AREA OR LOCATION, ETC.).

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL AERIAL OR ITS PARTNERS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE THIS APPLICATION OR INFORMATION ON THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF AERIAL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL AERIAL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT OF FIVE CANADIAN DOLLARS (CA$5.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Indemnity*

You agree that you are responsible for any amount anyone else claims from Aerial and/or its partners and service providers, or their officers, employees, affiliates and agents, plus any expenses, resulting from any claim, demand or action, regardless of the nature of the cause of the claim, demand, or action alleging loss, costs, expenses, damages, or injuries arising out of or in connection with (1) Your use of the Application, whether brought by You, those claiming through You, or third parties, even if due to the sole negligence of Aerial; (2) claims for libel, slander, or any property damage, personal injury or death, arising out of or related in any way directly or indirectly to your use of the Application; or (3) Your use, failure to use, or inability to use the Application, except where the claims result from the gross negligence or willful misconduct of Aerial or the applicable Partner / Third Party Service Provider.

Notifications*

All notifications or notices required under these Terms may be provided to You by the email address You have provided to Aerial or its partner who is offering the Service, and all notifications are deemed given when Aerial sends the email or message.

Term and Termination*

These Terms become effective immediately when You are granted access to this Application and shall remain in effect until Your use of the Application is terminated, provided that the provisions of the Terms for which the heading is marked with an asterisk (*) shall survive any termination or expiration of these Terms and shall remain in effect indefinitely.  You may terminate Your access to this Application at any time.  Aerial or its Partner reserves the right to terminate these Terms at any time and for any purpose, or for no reason whatsoever, upon notice; except, if You breach these Terms, Your authorization to access or use this Application automatically terminates and no notice is required. Upon termination, Your right to use this Application shall cease.

Intellectual Property*

The text and images on this Application are the property of Aerial Technologies Inc., or the applicable Partner / Third Party Service Provider, and are subject to copyright and other intellectual property protection.  The Aerial name and logos are registered trademarks of Aerial Technologies Inc. The trademarks and other Aerial names, logos and service marks may not be modified, and they may not be used, downloaded, copied or distributed in any way except as an integral part of the authorized download, copy or transmission of materials in this Application.  No license to any Aerial or Partner / Third Party Service Provider intellectual property, beyond that which is included in the Application itself under these Terms, has been granted by these Terms.

Entire Agreement; Governing Law; Jurisdiction/Venue*

These Terms contain the entire understanding between Aerial and You with respect to the subject matter hereof, may not be altered or waived except by a writing signed by all parties, or by You entering into another version of these Terms. These Terms shall be governed by the laws of the province of Quebec, Canada, applicable to contracts executed and performed entirely therein, and any controversies or disputes arising out of or relating to these Terms shall be resolved exclusively in either the province or federal courts located in the province of Quebec. You hereby consent to the personal jurisdiction of such courts over You.

Aerial makes no representations that the information and materials contained within this Application are appropriate for locations outside the Canada or the European Union.

All rights that are not expressly granted under these Terms are reserved by Aerial.

© 2018 Aerial Technologies Inc.

Last updated on 21.12.2018