Terms of Service - AirBuilding: Analytics

Last updated: November 21, 2024

1. Acceptance of Terms

By accessing or using the AirBuilding: Analytics application (the "App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the App. These Terms constitute a legally binding agreement between you and Aulinov ("we," "our," or "us").

Service Provider:
Aulinov
34190 Cazilhac, France
Email: contact@airbuilding.fr

2. Description of Service

AirBuilding: Analytics is an enterprise application that provides analytics and reporting tools for building automation systems. The App allows authorized users to:

Important: The App acts as a pass-through interface to building management systems. We do not store environmental data or building automation system data on our servers. All such data is retrieved directly from and transmitted back to the building automation systems in real-time.

3. Account Activation and Licensing

3.1 License Requirement

The App is free to download, but requires an active license for account activation and use. To obtain a license, you or your organization must contact us at contact@airbuilding.fr.

3.2 Enterprise Use

The App is designed exclusively for enterprise use. Account administrators within your organization are responsible for managing user access and permissions.

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. User Responsibilities and Liability

CRITICAL: You and your organization are solely responsible for any actions taken through the App, including but not limited to modifications made to writable points in building automation systems.

4.1 Building System Modifications

The App allows authorized users to modify writable points in building automation systems. You acknowledge and agree that:

4.2 Professional Judgment

You agree to use professional judgment and expertise when interacting with building automation systems. The App provides tools and information, but does not replace professional training, experience, or organizational protocols.

4.3 AI Feature Usage

The App includes AI-powered features for data analysis and insights. You agree to use these features appropriately and professionally. Misuse of AI features, including but not limited to:

may result in a warning and can lead to termination of AI feature access for your entire organization's account.

5. No Warranties and Service Availability

5.1 "AS-IS" Provision

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

5.2 No Service Level Agreement

We do not guarantee any specific uptime, availability, or performance level for the App. The service may be interrupted, delayed, or unavailable for maintenance, updates, or due to technical issues.

5.3 No Guarantees

We do not warrant that:

6. Limitation of Liability

6.1 Disclaimer of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AULINOV SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

6.2 Liability Cap

In no event shall Aulinov's total liability to you for all damages, losses, and causes of action exceed the amount paid by your organization for the license during the twelve (12) months preceding the claim.

6.3 Essential Purpose

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, Aulinov's liability shall be limited to the greatest extent permitted by law.

7. Data and Privacy

Your use of the App is also governed by our Privacy Policy, available at the same location as these Terms. By using the App, you consent to the collection and use of information as described in the Privacy Policy.

7.1 Data Pass-Through

We do not store environmental data or building automation system data on our servers. The App acts solely as an interface to retrieve and display data from building management systems in real-time. All such data remains in the building management systems.

7.2 Audit Logs

We maintain audit logs of user actions, including modifications to writable points, for security and accountability purposes as described in our Privacy Policy. These logs are retained for 90 days.

8. Account Termination

8.1 Termination by You

You may stop using the App at any time. Account administrators may remove users or deactivate accounts through the admin console.

8.2 Termination by Us

We reserve the right to suspend or terminate your access to the App at any time, with or without cause, with or without notice, including but not limited to:

8.3 Effect of Termination

Upon termination, your right to access and use the App will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to warranty disclaimers, indemnity, and limitations of liability.

9. No Refunds

All license fees are non-refundable. We do not offer refunds or credits for unused license periods, partial use, or early termination.

10. Intellectual Property

10.1 Ownership

The App, including all content, features, functionality, software, and visual interfaces, is owned by Aulinov and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

10.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the App solely for your organization's internal business purposes.

11. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes to these Terms, we will provide you with notice at least 30 days before the changes take effect by updating the "Last updated" date at the top of these Terms and, when appropriate, by sending notice through the App or to the email address associated with your account.

Your continued use of the App after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the App.

12. Governing Law and Jurisdiction

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the European Union and French law, without regard to conflict of law principles.

12.2 Jurisdiction

Any disputes arising out of or relating to these Terms or the App shall be subject to the exclusive jurisdiction of the courts of France. You irrevocably consent to the jurisdiction and venue of such courts.

13. Indemnification

You agree to indemnify, defend, and hold harmless Aulinov, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Aulinov regarding the App and supersede all prior agreements and understandings, whether written or oral, regarding the subject matter.

16. No Waiver

The failure of Aulinov to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Aulinov.

17. Contact Information

If you have any questions about these Terms, please contact us:

Aulinov
34190 Cazilhac, France
Email: contact@airbuilding.fr