These Terms of Use (the “Terms”) form a legal agreement between you (including, if applicable, any legal entity which you represent or act for) (“you”) and myAir USA Inc, on behalf of itself and any of its affiliates (collectively “us”, “we”, “our”, “Company”) and sets forth the terms and conditions governing your access to, and use of, this website (the “Site”), our mobile application (the “App”) and any services, applications, software, features, content, websites and/or linked pages, offered from time to time by Company in connection therewith (the “Service(s)”, as shall be further detailed below). Please read these Terms carefully before using the Site, App or the Services. By accessing or using the Site you hereby agree to these Terms. In addition, by downloading and installing the App, using the Services provided following the registration page (accessible following completion of questionnaire and singing up) or accessing the Services in any other way available through the Site or the App, you agree to be bound by these Terms, as may be amended by us from time to time. If you do not agree to these Terms, please refrain from using the Site, App or the Services.
Please make sure you read these Terms along with our Privacy Policy (the “Privacy Policy”). Your use of the App, Site or Services shall be deemed to constitute your consent to be legally bound by these Terms and the Privacy Policy, incorporated by reference herein. We may revise these Terms at any time. All such revisions shall take effect immediately upon posting of the updated Terms on the Site and/or App, unless otherwise stated. You should periodically check these Terms for updates. Any use of the Site, App and/or Services by you after the effective date of any changes will constitute your acceptance of such changes.
What We Do
myAir develops stress-relief personal superfood bars (“Products”). Our tasty and healthy nutrition bars made with a mixture of plant base molecules, active terpenes and super herbs, proven to reduce stress, and tailored to your specific stress profile and levels. Through our research on stress, we were able to develop a super-smart, patent-pending, algorithm based on AI technology: through any smart watch we analize physiological data and combine it with Psychological data through cognitive assessment. That unique combination of mind and body creates the best profiling and tailor the best mix of superfood bars.
As part of the Services, you acknowledge and agree that you will be required to provide us with certain information, including personally identifiable information, behaviour information, and that Company may apply certain proprietary methodologies for analysis, processing and transmission of such information. The collection, aggregation and analysis of such information will enable Company to offer users of our Site, App or Services (“Users”) customized blend of products from the existing myAir products catalogue. An explanation regarding the information that we collect from you appears in our Privacy Policy.{‘ ‘}
Registration and User Account
You are required to create an account in order to use parts of the Services (the “Account”). Registration can be done by completing the registration process in the Site or App and may require you to respond to one or more proprietary questionnaires developed by the Company.
Your Account is personal and may be used only by you. Any registration is solely for you and you may only use one single Account. You may not use the accounts of others, or allow others to use your Account, and you are solely responsible for preventing such unauthorized use of your Account.
You may not use a user name that is misleading, or includes any inappropriate language. We reserves the right to reject any such user name and prevent the creation of an Account with such user name.
Purchase of Products is done through a online-shop established on and operated through Shopify.com. if you register to the Services, Site or App you will not be required to register an additional account with the myAir shop on shopify.com and the credentials shall be the same. However you may purchase products on a one an occasional basis without the need to register to the myAir Site or App by accessing the myAir shop at shop.myair.ai and checking out without registering to the Service or Shop.
By providing us with your information (either during registration on our Site or while registering at shop.myair.ai) you hereby give us (or a third party on our behalf) permission to charge your payment card for any payment you owe us. You further allow us to contact you, using information you submitted through your Account, in connection with arranging to provide Services and payment for such Services, providing customer service and support, or for any other business purpose, via any one of the communication channels provided by you, including, but not limited to, through phone calls, text messages, emails and letters.
As of the effective date of these Terms as set out at the bottom of the page, we shall use a third party processing service (e.g. Stripe, PayPal etc.) to process all payment and shall not be collecting, processing or retaining any payment information.
By creating an Account you hereby agree: (i) that the information you provided to create your Account is accurate and complete, (ii) to always provide current, accurate and complete information about yourself, and (iii) to promptly update and maintain your information with us.
You hereby acknowledge and agree that we rely on the user ID and password (the “Account Credentials”) to confirm whether Users accessing and using our Site, App or Services are authorized to do so.
Maintaining the confidentiality of your Account Credentials is solely your responsibility, and you are solely responsible for any activity performed by any use of your Account Credentials. In order to protect the security of your information available on your Account to the greatest extent possible, you must safeguard, and not disclose, your Account Credentials to anyone, and you must supervise the use of your Account. Please notify us immediately at info@myair.ai if you become aware that your Account is being used without authorization or of any other breach of security. We strongly recommend having a complex password, to be kept secured at all times. You are also encouraged to change your password regularly.
You acknowledge that you shall be held solely responsible and solely liable for anything that occurs in your Account and any activity in your Account, including without limitation, for any purchases done through your account.
If you wish to either change your Account Credentials, or cancel and remove your Account, please send us an e-mail with your request to info@myair.ai. Your Account will terminate within reasonable time following your request, and from that date of termination you will no longer be able to access your Account.
Purchase of Products
As provided above you may purchase Products through the myAir shop accessible either through our Site or directly via shop.myair.ai.{‘ ‘}
All purchases are for personal use only and not for resale or further distribution. We reserve our right to refuse to sell and/or provide any products and any quantities to any user we suspect is purchasing excessive quantities for any use other than personal use.{‘ ‘}
For the avoidance of any doubt, all purchase are final and non-cancelable. All amount charged are non-refundable.{‘ ‘}
As the Products are perishables we cannot accept any return of products and should there be any issue with any of the Products please let us know and we will address it accordingly. In any case the sole and exclusive remedy for any Product received which we confirm is not in accordance with specification of such Products shall be to provide you with an additional Product shipment in the amount and quality as originally purchased. No return shall be required. Accordingly we maintain a close abuse policy so as to avoid any bad faith use of our shipment policy and we may, in certain cases, determine in our sole discretion that an abuse of the Services is conducted and refuse to ship additional products.
Termination or Suspension
If you wish to terminate your use of the Services, Site or App with us you may do so at any time for any reason or without reason by ceasing use the Site, App and Services and by deleting your Account. Deleting your Account can only be done by sending an email directly to info@myair.ai with a specific request which will require us to authenticate the request. Thereafter you shall not be able to use your Account and any of the Services until you renew your registration to the Site and App.
Deleting your Account may cause the loss of certain information and data and/or the capacity of your Account. We do not accept any liability for such loss.
Termination of your Account shall not relieve you of your obligations to pay amounts accrued or owing, nor affect any legal rights or obligations which may have arisen under these Terms prior to, or at, the date of termination. We may terminate, limit or suspend your access to all or any part of your Account, or our Services under these Terms at any time, with or without cause, or with or without prior notice, effective immediately, and such termination may result in the destruction of all information and data associated with your use of your Account and Services under these Terms.
Upon termination of your Account: (i) all rights granted to you hereunder will automatically terminate, and (ii) you must immediately cease all use of the App, Site and Services under these Terms. All Sections of these Terms which by their nature are meant to survive, shall survive termination of these Terms.
No Medical Advice
The App, Site and Services, including, but not limited to, content, such as text, graphics, images, and information obtained from the App, Site and Services and its licensors, are not intended to be used or viewed as providing medical advice, or as a substitute for consultation with a qualified healthcare provider. The App, Site and Services are intended to help individuals with stress management. The information provided by the App, Site and Services cannot be the basis for diagnosis of any medical condition or therapy. You are advised to ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT OR ALTERING ANY EXISTING TREATMEMT. THE SITE, APP AND SERVICES ARE NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS AND MEDICAL HISTORY.{‘ ‘}
Materials and contents provided as part of the App, Site or Services are intended to assist you in understanding your health. Reliance on any information provided through the App, Site and Services is solely at your own risk. We assume no liability or responsibility for damage or injury to persons or property arising from any use of any materials, contents, product, information, ideas, or advice contained in the App, Site or Services.
You further acknowledge that certain services provided through the App, Site and Services, including any notifications, depend on information that you input into the Site or App.
Disclaimer
THE SITE, APP, SERVICES AND OUR PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS, SITE, APP, SERVICES, INCLUDING ANY WARRANTIES OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO, AND DISCLAIM ANY, WARRANTY THAT THE PRODUCTS, SITE, APP, SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO, AND DISCLAIM ANY, WARRANTY REGARDING THE QUALITY OF THE PRODUCTS, SITE, APP, SERVICES, OR TO THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY THEREOF. THE ABOVE SHALL ALSO APPLY TO ANY INFORMATION YOU MAY RECEIVE FROM US OR THROUGH US AT ANY TIME. YOU HEREBY RELEASE US FROM ANY DAMAGES, CLAIMS OR OTHER CAUSES OF ACTION RELATED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE PRODUCTS, SITE, APP, SERVICES.
WITHOUT LIMITING THE FOREGOING, WE FURTHER DISCLAIM ANY WARRANTIES THAT THE SITE, APP, PRODUCTS AND/OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE PRODUCTS, SITE, APP AND SERVICES IS AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR COMPUTER OR MOBILE DEVICE AND/OR ANY DATA LOSS THAT MAY RESULT FROM YOUR USE OF THE DEVICE, SITE, APP OR SERVICES, INCLUDING WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES. NO COMMUNICATION, INFORMATION OR ADVICE GIVEN BY US OR ANY REPRESENTATIVE OF OURS SHALL CREATE ANY WARRANTY. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, WHETHER DIRECT, INDIRECT OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, AND INCLUDING FURTHER, DAMAGES WHICH MAY ARISE IN CONNECTION WITH THE PRODUCTS, SITE, APP, SERVICES, OUR CONTENT AND/OR THESE TERMS, INCLUDING, FOR EXAMPLE, DAMAGES RESULTING FROM LOSS OF PROFITS, DATA, USE OR ACCESS TO (AND LACK THEREOF) THE PRODUCTS, SITE, APP, SERVICES AND/OR USER CONTENT. WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY TRANSACTION OR ENGAGEMENT BETWEEN YOU AND ANY THIRD PARTY OR FOR ANY INFORMATION PROVIDED BY YOU AND/OR ANY THIRD PARTY.
YOU HEREBY EXPRESSLY AGREE THAT WE SHALL HAVE THE RIGHT, AT ANY TIME AND AT OUR SOLE DISCRETION, TO TAKE ANY ACTION TO MONITOR ANY INTERACTION OR ENGAGEMENT RESULTING FROM THE USE OF THE PRODUCTS, SITE, APP AND/OR SERVICES BY YOU AND ANY THIRD PARTY. TO THE FULL EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE US FROM ANY CLAIMS AND/OR LIABILITY RELATING IN ANY WAY THERETO.
Indemnity
You shall defend, indemnify, and hold harmless Company, its affiliates and each of its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including, without limitation, reasonable attorney’s fees, that arise from or relate to (i) your access, use or misuse of the Products, Site, App and/or the Services, including, without limitation, with respect to your User Content and any other information you submit, post or transmit through the Site, App and/or the Services, (ii) your violation of these Terms or any applicable law, contract, policy, regulation or other obligation, or (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party with respect to your use of the Products, Site, App, Service and/or Our Content. Company reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and fully cooperate with Company in connection therewith.
Intellectual Property
The Site and App also include information regarding Company as well as content such as contact information, videos, text, logos, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Site and App, algorithms, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Site and App (collectively, “Our Content”). All rights in and to Our Content made available on the Site and App are reserved to Company.
Subject to the limited rights expressly granted hereunder, we and our licensors and third party providers, as may be applicable, reserve all rights, title and interest in and to the Products, Site, App and/or Services and Our Content, including all related intellectual property rights therein. No rights are granted to you hereunder other than as expressly set forth herein. Nothing in the Terms constitutes a waiver of the Company’s intellectual property rights under any law.
We welcome and encourage you to provide feedback, testimonials, comments and suggestions for improvements to the Products, Site, App and Services (“Feedback”). You may submit Feedback by email to info@myair.ai. You acknowledge and agree that all Feedback will be solely and exclusively our property and you hereby irrevocably assign to us all right, title, and interest that you may have in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.
Trademarks and Trade Name
“Myair.ai”, “myAir”, “Calm Green”, “Focused Yellow”, “Comfort Blue”, “Relaxed Purple”, “Energetic Pink”, “Sleepy Gray” and any of Company’s marks and logos and all proprietary identifiers used by us in connection with the Products, Site, App and/or Service are our trademarks, service marks and trade names of Company, whether or not registered. No right, license, or interest to such marks is granted hereunder. Other names that are mentioned on the Products, Site and/or App or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you hereunder.
App Usage Rules
Since you are downloading the App from a third party platform, service provider or distributor (“Provider”) your use of the App may also be governed by usage rules which the Provider may have established and which relate to your use of the App (“Usage Rules”). In addition to the Usage Rules specified below, it is your responsibility to determine what other Usages Rules are applicable to your use of the App. You undertake to comply with all Usage Rules applicable to your use of the App and these are incorporated herein by reference.
Apple Inc.
The following applies to you if you downloaded the App from the Apple App Store (“App Store Sourced Application”): You acknowledge and agree that (i) these Terms are concluded between you and Company only, and not Apple; and (ii) Company, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. You acknowledge that, to the maximum extent permitted by applicable law, Apple has no other warranty or obligation whatsoever with respect to the Application and all other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty shall be the sole responsibility of Company, to the extent applicable. As between Company and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company. You acknowledge that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You and Company acknowledge that, as between Company and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Company acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Company and Apple, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof. Without limiting these Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
Changes to the Site or App
We reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently any Products, Site, App, Our Content and/or any of the Services, without notice, at any time. You agree that your continued use of the Products, Site, App and/or Services following such modifications constitutes your acceptance of such modifications. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Products, Site, App, Services and/or Our Content included therein.
If Company supplies to you any updates, upgrades and any new versions of the App according to its then current policies, it may include automatic updating or upgrading of the App with or without any additional notice to you and these Terms will govern any such updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the App shall include such updates. For clarity, Company has no obligation to provide updates.
General Terms
These Terms do not create any partnership, employment, agency or other relationship not herein specifically and explicitly agreed. These Terms are not intended to, and shall not, be construed to give any third party any interest or rights (including, without limitation, any third party beneficiary rights) with respect to, or in connection with, any agreement or provision contained herein or contemplated hereby. We may assign this Agreement in whole or in part at any time without notice. You may not assign your rights under these Terms, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so shall be null and void. Should any part of these Terms be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Failure by us to enforce any provision of these Terms will not be considered a waiver of the right to enforce such provision. Our rights hereunder will survive any termination or expiration of these Terms. These Terms will be governed by the laws of the State of Israel. You agree that the courts located in Tel Aviv, Israel will have exclusive jurisdiction over any dispute between you and us. However, you agree that we may seek equitable relief in any jurisdiction when appropriate. Unless a specific agreement is signed by and between you and us, these Terms constitute the entire and only agreement between you and us, and supersede all prior or contemporaneous agreements, representations, warranties and understandings that relate to the subject matter hereof. In any case that a specific agreement is signed by you and us, its provisions shall supersede the provisions of these Terms.
If you have questions regarding our Terms, please contact us at: info@myair.ai{‘ ‘}
Last updated July 31, 2020