EU & UK Terms & Conditions
INFORMATION ABOUT US
Welcome to Blueair!
Blueair AB is a company incorporated under the laws of Sweden and its subsidiaries and affiliates, registration number 556534-9197, VAT number 556534-9197 with its registered office at Karlavägen 108, 115 26, Stockholm, Sweden (collectively, “Blueair”, “we”, “our”, or “us”). Blueair’s contact details are set out in the Contact Us section.
Effective Date: March 2023
(1) websites that may be accessed at www.blueair.com (each a “Site”),
(2) services accessible through the Sites (“Website Services”); and
(3) software that may be downloaded to your smartphone or tablet to access services (“Mobile Apps”), all for use in conjunction with Blueair hardware products (“Products”) and in other ways that Blueair provides.
Some Blueair Products and Services can be used together or in ways that integrate with products and services from third parties. The term “Services” means the Sites, Website Services and Mobile Apps. These Terms and Conditions (“Terms”) govern your access to and use of the Services. By accessing and using our Services you accept these Terms. If you do not agree to these Terms, you must not use our Services. These Terms give you specific legal rights, and you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of these Terms may not apply to you.
You should ensure that you have read and agree with the current Terms when you use the Services.
BY ACCESSING AND USING THE SERVICES (INCLUDING THE SITES), YOU ARE ACCEPTING AND AGREEING TO THESE TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE SERVICES AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD CEASE ACCESSING OR USING THE SERVICES.
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
The following additional terms also apply to your use of our Services:
· Our Privacy Notice. This describes how we may collect and use your personal data.
If you purchase Products from our Site, our Shop Terms and conditions will apply to the sales.
Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Services in connection with such features.
For Registered Users of Products and Services:
To use certain parts of the Services, you must register for a user account (“Account”) and provide certain information about yourself as prompted by the applicable registration form. You represent and warrant that:
(a) all required registration information you submit is truthful and accurate;
(b) you will maintain the accuracy of such information; and
(c) your use of the Services does not violate any applicable law or regulation (e.g., you are not located in an embargoed country or are not listed as a prohibited or restricted party under applicable export control laws and regulations).
You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to immediately notify Blueair of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Blueair is not liable for any loss or damage arising from your failure to comply with the above requirements.
ACCESS TO SERVICES FOR REGISTERED USERS OF PRODUCTS AND SERVICES
(a) Limited right to use. Subject to these Terms, Blueair grants you a non-transferable, non-exclusive, right to access and use the Services by (i) using the Website Services in connection with, and solely for the purpose of, controlling and monitoring the Products installed on your property or otherwise accessing a service explicitly provided by Blueair for your use (the “Permitted Purpose”), and (ii) installing and using the Mobile Apps solely on your own handheld mobile device (e.g., iPhone, iPad, or Android smartphone) and solely for the Permitted Purpose, and (iii) if separately authorized, access third party services through an interface provided by Blueair. You agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services.
(b) Automatic Software Updates. Blueair may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services and/or the Products connected to the Services (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to terminate your Account and stop using the Services and the Product. If you do not terminate a previously created Account, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Services and the Product and you agree to promptly install any Updates Blueair provides. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
(c) Open Source. Certain items of independent, third party code may be included in the Website Services and/or Mobile Apps that are subject to open source licenses (“Open Source Software”). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software.
ACCESS TO SERVICES FOR ALL USERS
(a) Certain materials may be displayed or performed on the Services (including, but not limited to text, graphics, articles, photographs, video, images, and illustrations (“Content”). The Content also includes information that you and other users provide us in the course of using the Services (collectively, “User Submissions”), which we may use to provide, maintain and improve the Services. Some content may be visible to others (for example, the Service may allow you to upload, post, or otherwise share content). You may also post feedback, comments, questions, or other information on the Sites. You are solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, or that you contribute in any manner to the Services; you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it. Where permitted by applicable law and any applicable law requirement to prove that no damage has occurred remaining unaffected, you will be liable to us and indemnify us for any breach of that warranty. We will not be liable for any errors or omissions in any Content. Blueair reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached section (d) below. [If you wish to complain about any content, please contact us using the contact details included below.]
(b) Certain Restrictions; You agree that you will not contribute any Content or otherwise use the Services in a manner that:
· infringes or violates the intellectual property rights or proprietary rights; rights of publicity or privacy, or other rights of Blueair or of any third party;
· violates any law, statute, ordinance or regulation;
· is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable;
· impersonates any person or entity, including without limitation any employee or representative of Blueair;
· introduces any computer viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
· conducts, facilitates, authorises, or permits any text or data mining or web scraping in relation to our Sites or any services provided via, or in relation to our Site;
· interferes with, disrupts, or attempts to gain unauthorized access to, the servers or networks connected to the Services or violates the regulations, policies, or procedures of such networks;
· jeopardizes the security of your Blueair Account or anyone else’s Account (such as allowing someone else to log in to the Services as you);
· runs Maillist, Listserv, or any form of auto-responder or “spam” on the Services, or any processes that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
· copies or stores any significant portion of the Content;
· decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services; or
· removes, obscures or alters any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Services.
(c) Modification. Blueair reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice, for example due to system failure or for maintenance and repair. You agree that Blueair will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof. You also agree that you will not be entitled to any refund or rebate for such suspensions.
(d) Access Outside Certain Countries. Although the Sites and Mobile Apps are accessible worldwide, the Products and Services provided or accessed through Mobile Apps or on the Sites are not designed for use in all countries, and some or all of the features of the Mobile Apps and Sites may not work or be appropriate for use outside of the EU or UK. If you choose to access the Sites from outside the EU or UK, you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. To the extent permissible by law, Blueair accepts no responsibility or liability for any damage or loss caused by your accessing or use of the Mobile Apps, Sites or Products outside a country in which Blueair supports the Product and Services. You will be bound by these Terms wherever you access or use the Mobile Apps and Sites or use the Services.
USAGE AND LIMITATIONS
(a) Intended Use of Services. The Services are intended to be accessed and used for non-time-critical information and control of Blueair products. While we aim for the Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond Blueair’s control, including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that Blueair is not responsible for any damages allegedly caused by the failure or delay of the Services to reflect current status or notifications.
(b) Blueair cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, we cannot guarantee the authenticity of any data that users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
THIRD PARTY SERVICES
(a) Third Party Service Providers Used By Blueair. You acknowledge that Blueair uses third party service providers to enable some aspects of the Services – such as, for example, data storage, synchronization, and communication and mobile device notifications through mobile operating system vendors and mobile carriers.
(c) Third Party Website Links and Referrals. The Sites may contain links to other web sites operated by third parties (“Third Party Sites”) and referrals to third party vendors (“Referred Vendors”). Such Third Party Sites and Referred Vendors are not under our control. Blueair provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Sites or Referred Vendors. Your use of these Third Party Sites is at your own risk.
(d) Release Regarding Third Parties. Blueair is not responsible for third parties or their products and services, including, without limitation, the App Stores, Third Party Products and Services, Third Party Sites, Referred Vendors, Equipment, ISPs, and Carriers.
For Registered Users of Products and Services only:
(e) Third Party Products and Services that Work With Blueair Services. Blueair may provide the opportunity for you to interface to Third Party Products and Services. You decide whether and with which Third Party Products and Services you want to interface. Your explicit consent is required for this interface, and your consent may be withdrawn by you at any time. Use of any Third Party Products and Services is governed by separate terms and conditions provided by the operator(s) of the applicable Third Party Products and Services. You acknowledge and agree that Blueair makes no representation or warranty about the safety of any Third Party Products or Services. Accordingly, Blueair is not responsible for your use of any Third Party Product or Service or any personal injury, death, property damage (including, without limitation, to your home), or other harm or losses arising from or relating to your use of any Third Party Products or Services. You should contact the Third Party with any questions about their Products and Services.
(f) App Stores. You acknowledge and agree that the availability of the Mobile Apps is dependent on the third party websites from which you download the Mobile Apps, e.g., the App Store from Apple or the Play Store from Google (each an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from it. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.
RULES ABOUT LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice.
INTELLECTUAL PROPERTY RIGHTS
(a) Blueair Property. You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in the Product and Services (i.e., the Sites, Website Services and Mobile Apps) are owned by Blueair or its affiliates or our licensors. Your possession, access, and use of the Product and Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Blueair and its affiliates and licensors and suppliers reserve all rights not granted in these Terms. The Services are licensed to you, not sold, under these Terms.
You may only copy parts of the Services (including this Site) on to your own computer for your own personal use. You may print off one copy, and may download extracts, of any page(s) from the Site for your personal use and you may draw the attention of others within your organisation to content posted on the Site. You may not copy or incorporate any of the content of the Services into any other work, including your own web site without the written consent of Blueair. Other than with respect to User Submissions, Blueair retains full and complete title to all content on the Services, including any downloadable software and all data that accompanies it.
Some of the foregoing provisions may be ineffective in certain countries/ states/ provinces/ jurisdictions, so the above acknowledgements and terms may not apply to you in their entirety.
(b) Feedback. You may choose to, or Blueair may invite you to submit comments, suggestions, or ideas about the Products or Services, including how to improve the Products or Services (“Ideas”). By submitting any Ideas, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place Blueair under any fiduciary or other obligation. Blueair may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that Blueair does not waive any rights to use similar or related ideas previously known to Blueair, developed by its employees, or obtained from other sources.
(c) User Submissions. You hereby grant us with a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right to access, display, or otherwise use your User Submissions (including all related intellectual property rights) solely in connection with providing you the Services and as directed by you. You also hereby do and shall grant each user of the Services a non-exclusive license to access and use your User Submissions through the Services and as permitted through the functionality of the Services and under these Terms. Furthermore, you understand that we retain the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license granted to Blueair does not affect your ownership of or right to grant additional licenses to the material in your User Submissions, unless otherwise agreed in writing.
(a) THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND BLUEAIR AND OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
(b) BLUEAIR AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) THAT THE INFORMATION REGARDING THE PRODUCTS PROVIDED BY THE SERVICES WILL BE ACCURATE OR UP TO DATE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLUEAIR OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY.
(c) BLUEAIR MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES. BLUEAIR MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH THE SERVICES.
Nothing in this section shall affect any statutory warranties available to you, such as those in respect of satisfactory quality, fitness for purpose or accuracy of description.
For Registered Users of Products and Services only:
(d) WHEN YOU INSTALL, SETUP OR USE PRODUCTS AND SERVICES LIKE THOSE PROVIDED BY BLUEAIR YOU ARE GIVEN THE OPPORTUNITY TO ALTER DEFAULTS OR CHOOSE PARTICULAR SETTINGS. THE CHOICES YOU MAKE CAN CAUSE DAMAGE OR LEAD TO NON-RECOMMENDED OPERATION OF YOUR CONNECTED EQUIPMENT OR SYSTEMS. YOU ASSUME ALL LIABILITY FOR SUCH DAMAGE WHEN YOU CHOOSE PARTICULAR SETTINGS OR SET OR ADJUST DEFAULTS.
LIMITATION OF LIABILITY
Nothing in these Terms and in particular within this "Limitation of Liability" clause shall attempt to exclude liability that cannot be excluded under applicable law. References to liability in this clause include every kind of liability arising under or in connection with the Terms including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
To the maximum extent permitted by applicable law, we will under no circumstances be liable to you for the following types of loss:
· Loss of profits;
· Loss of sales or business;
· Loss of agreements or contracts;
· Loss of anticipated savings;
· Loss of use or corruption of software, data or information;
· Loss of or damage to goodwill; and
· indirect or consequential loss.
Blueair’s total cumulative liability arising from or related to the services and the products shall not exceed the fees actually paid by you to Blueair or Blueair’s authorized reseller for the services or the product at issue in the prior 12 months (if any). This limitation is cumulative and will not be increased by the existence of more than one incident or claim. Blueair disclaims all liability of any kind of Blueair’s licensors and suppliers.
Nothing in these Terms and Conditions shall exclude our liability for death or personal injury arising out of our negligence or fraudulent misrepresentation or gross negligence or wilful misconduct, as applicable.
For Users in Germany: We will be liable for any culpable breach of material contractual obligations (cardinal obligations). Cardinal obligations are contractual obligations that must be fulfilled to permit proper execution of these Terms and Conditions and may regularly be relied upon by you. Our liability will otherwise be limited to gross negligence and wilful misconduct. In the event of any liability on the our part due to a slightly negligent breach of cardinal obligations or slight misconduct on the part of simple vicarious agents, our liability will be limited to typically foreseeable damages. This will not affect any mandatory statutory liability, in particular Blueair’s liability in connection with the loss of life, bodily injury or illness or its liability in connection with the German Product Liability Act.
This clause shall survive termination of these Terms.
FOR BUSINESS CUSTOMERS
This section only applies if you are a business customer.
You confirm that you have the authority to agree to these Terms on behalf of the entity you represent.
You agree to defend, indemnify and hold Blueair and its licensors and suppliers harmless from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use of the Products or Services, (ii) your violation of these Terms, (iii) any User Submissions or Feedback you provide; or (iv) your violation of any law or the rights of any third party. Blueair reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Blueair and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Blueair’s prior written consent. Blueair will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
You acknowledge that in entering into these Terms you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. We agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in these Terms.
This clause only applies if you are a consumer.
You confirm that you are of sufficient legal age in your jurisdiction to use or access the Services.
You have legal rights in relation to Products that are faulty or not as described. Nothing in these Terms will affect these legal rights. Please refer to our Shop Terms and Conditions for further information on your consumer rights.
FEES AND PAYMENT
Changes will be considered to have been accepted by you unless you inform us in writing or by using electronic means agreed upon by us. We will draw your attention to this fact when changes are announced. If you should decide to object to any change, you must do so within a reasonable amount of time, not to exceed six (6) weeks after receipt of announcement of the change.
TERM AND TERMINATION
(a) These Terms will remain in full force and effect so long as you continue to access or use the Services, or until terminated in accordance with the provisions of these Terms. At any time, Blueair may (i) suspend or terminate your rights to access or use the Services, or (ii) terminate these Terms with respect to you if Blueair in good faith believes that you have used the Services in violation of these Terms, including any incorporated guidelines, terms or rules. If you transfer a Product to a new owner, your right to use the Services with respect to that Product automatically terminates, and the new owner will have no right to use the Product or Services under your Account (as described below) and will need to register for a separate Account with Blueair.
(b) Effect of Termination. Upon termination of these Terms, your Account and your right to use the Services will automatically terminate.
(a) Contact Blueair first. If a dispute arises between you and Blueair, our goal is to learn about and address your concerns. You agree that you will notify Blueair about any dispute you have with Blueair regarding these Terms or our Products or Services by contacting Blueair using the contact details included below.
(b) Dispute Resolution and Governing Law. Any dispute, claim, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Products or Services, or the breach, termination or validity thereof, shall be governed in all respects by Swedish law, without regard to its conflict of law provisions, and shall be resolved in the district court of Stockholm, Sweden. If you are a consumer resident in the EU/UK you may alternatively bring a claim to enforce your rights as a consumer in a competent court where you are resident.
(c) Notwithstanding the foregoing, Blueair may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
We shall not be in breach nor liable for delay in performing, or failure to perform, any of our obligations under these Terms if such delay or failure results from events, circumstances or causes beyond our reasonable control.
(a) Entire Agreement/Severability. These Terms constitute the entire agreement between you and Blueair regarding the use of the Services. Any failure by Blueair to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.
(b) Assignment. These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without Blueair’s prior written consent. These Terms may be assigned by Blueair without restriction. These Terms are binding upon any permitted assignee.
(c) Notifications. Blueair may provide notifications to you as required by law or for marketing or other purposes via either email to the primary email associated with your Account, hard copy, or by posting on www.blueair.com.
For more information please contact us using the Contact Us form.