Terms of Use
Welcome to Airexys. These Terms of Use (“Terms”) govern your use of Airexys, a service provided by Airexys, Inc. By using Airexys, you agree to these Terms. Please read them carefully. If you do not agree with any of these Terms, you are prohibited from using the Airexys service.
Airexys is licensed to You (End-User) by Airexys, Inc., located and registered at 2810 N Church St STE 89277, Wilmington, DE 19802, United States (“Licensor”, “Company”, “we”, “us”), for use only under the terms of this License Agreement.
By downloading the Licensed Application from Apple’s software distribution platform (“App Store”), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. The App Store is referred to in this License Agreement as the “Services.”
The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Airexys, Inc., not the Services, is solely responsible for the Licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions (“Usage Rules”). Airexys, Inc. acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.
Airexys, when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. Airexys is to be used on devices that operate with Apple’s operating systems (“iOS”).
1. THE APPLICATION
Airexys (“Licensed Application”) is a piece of software created to help people understand air quality and what it may mean for their daily life — and customized for mobile devices (“Devices”). It is used to provide personalized air quality information and insights based on data from environmental monitoring networks and your location.
The Licensed Application is not a medical device and is not intended for medical purposes of any kind. The information provided by the Licensed Application is intended for general informational and lifestyle purposes only, to help you make everyday decisions. It should not be assumed to be exceptionally accurate and cannot be used for any medical purposes or to diagnose, treat, cure or prevent any disease or condition.
The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application.
2. MEDICAL DISCLAIMER
The Licensed Application does not provide medical advice, diagnosis, or treatment. The Company is not a licensed medical care provider, and nothing provided through the Licensed Application constitutes the practice of medicine or creates a doctor-patient relationship between You and the Company.
Always seek the advice of your physician or other qualified health care practitioner regarding a medical condition. If you have been diagnosed with a health condition that may be affected by air quality — including but not limited to asthma, allergies, cardiovascular or respiratory conditions — or if you are pregnant, elderly, or caring for children, you should consult your healthcare provider and follow their guidance over any information provided by the Licensed Application. Never disregard professional medical advice or delay in seeking it because of something you have read in the Licensed Application.
If you think you have a medical emergency, call 911 or your local emergency service, or go to the nearest open emergency room immediately.
3. AIR QUALITY DATA
The Licensed Application relies on air quality data obtained from third-party governmental and community monitoring networks and data providers. The Company does not own, operate, or control these sources and does not verify their measurements. Data may be delayed, estimated, incomplete, or inaccurate, and coverage varies by location. Air quality can vary significantly over short distances and time periods, and conditions at your exact location may differ from the values presented in the Licensed Application.
The information presented in the Licensed Application is an interpretation of available data, not a direct measurement of the air You are breathing. The Licensed Application is not a safety device, warning system, or emergency alert service. Do not rely on it to detect hazardous conditions, including wildfire smoke, gas leaks, or carbon monoxide. Always follow official public health guidance and emergency notifications issued by government authorities.
We do not guarantee the accuracy, completeness, or usefulness of any information provided by the Licensed Application.
4. SCOPE OF LICENSE
4.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
4.2 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.
4.3 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with the Company’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.
4.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with the Company’s prior written consent).
4.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.
4.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
4.7 Licensor reserves the right to modify the terms and conditions of licensing.
4.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.
5. TECHNICAL REQUIREMENTS
The Company will endeavor to support the most recent version and the previous version of the operating system.
6. MAINTENANCE AND SUPPORT
6.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at info@airexys.com or at the email address listed in the App Store Overview for this Licensed Application.
6.2 The Company and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
7. SUBSCRIPTIONS
7.1 Certain features of the Licensed Application require a paid subscription. Current subscription options are US $59.99 per year or US $7.99 per month, each with a 14-day free trial for eligible new subscribers. Prices and available plans may change; the price applicable to You will be displayed at the point of purchase.
7.2 Subscriptions are purchased through the App Store and charged to Your Apple ID account. The Company does not collect or store Your payment details.
7.3 If a free trial is offered, You will not be charged until the trial period ends. If You do not cancel at least 24 hours before the end of the trial period, Your subscription will begin automatically and Your Apple ID account will be charged.
7.4 Subscriptions are automatically renewed for the same duration unless You cancel at least 24 hours before the current period expires. Any fees due for renewal will be charged within 24 hours before the end of the current period.
7.5 Subscriptions can be managed or cancelled in Your Apple App Store account settings. To learn more about cancelling subscriptions, visit https://support.apple.com/HT202039. Deleting the Licensed Application does not cancel Your subscription.
7.6 If You cancel, You will retain access to paid features until the end of the current paid period, after which Your subscription will expire. Except as required by applicable law or Apple’s policies, all payments are non-refundable.
7.7 Where enabled, subscriptions may be shared with members of Your Apple Family Sharing group in accordance with Apple’s Family Sharing terms.
7.8 If You are a resident of a U.S. state with automatic renewal laws, the automatic renewal terms, recurring charge amount, billing frequency, and cancellation instructions disclosed at the time of purchase and in this Section are provided pursuant to those laws. Where such laws require advance notice of an upcoming renewal or a material change to subscription terms, such notice will be provided in the manner and timeframe required by applicable law.
8. BETA VERSIONS
The Company may make pre-release versions of the Licensed Application available, including builds distributed through Apple TestFlight (“Beta Versions”). Beta Versions are provided for testing purposes only, may contain errors, may be modified or discontinued at any time without notice, and may not be as reliable as the released Licensed Application. Use of Beta Versions distributed through TestFlight is also subject to Apple’s TestFlight terms. To the maximum extent permitted by applicable law, Beta Versions are provided “as is” and the Company will have no liability arising out of or in connection with Beta Versions — use them at your own risk.
9. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor’s use of such material and information is subject to Your legal agreements with Licensor and Licensor’s privacy policy, which can be accessed within the Licensed Application and at https://www.airexys.com/privacy.
You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, to offer product support, facilitate software updates, and provide other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.
10. USER-GENERATED CONTRIBUTIONS
The Licensed Application does not offer users the ability to submit or post content to other users. The Licensed Application may allow You to generate and share images or summaries of your data through your Device’s native sharing features, for personal, non-commercial use, provided that any Airexys branding included in such materials is not removed or altered.
By submitting suggestions or other feedback regarding the Licensed Application, you agree that we can use and share such feedback for any purpose without compensation to you.
11. LIABILITY
11.1 To the maximum extent permitted by applicable law, the Licensor takes no accountability and responsibility in case of any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Licensed Application, including any decisions You make based on information provided through it.
11.2 To the maximum extent permitted by applicable law, the Company’s aggregate liability arising out of or relating to this License Agreement or the Licensed Application will not exceed the greater of (a) the amounts You paid to the Company in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) fifty U.S. dollars (US $50).
11.3 Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to You.
12. WARRANTY
12.1 The Licensed Application is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including without limitation implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Licensor does not warrant that the Licensed Application will be accurate, reliable, uninterrupted, or error-free.
12.2 No warranty is provided for the Licensed Application if it has been modified without authorization, handled inappropriately, combined or installed with inappropriate hardware or software, or if there are other reasons outside of the Company’s sphere of influence that affect its operation.
12.3 If you discover an issue with the Licensed Application, please notify the Company at the email address provided in Contact Information.
12.4 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price (if any) will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application.
13. PRODUCT CLAIMS
The Company and the End-User acknowledge that the Company, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of the Licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation.
14. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and that You are not listed on any US Government list of prohibited or restricted parties.
You must be at least 13 years of age to use the Licensed Application. If You are between 13 and 17 years of age, You may use the Licensed Application only with the involvement and consent of a parent or legal guardian, including with respect to any purchases. The Company does not knowingly collect personal information from children under 13.
15. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
Airexys, Inc.
2810 N Church St STE 89277
Wilmington, DE 19802
United States
info@airexys.com
16. TERMINATION
The license is valid until terminated by the Company or by You. Your rights under this license will terminate automatically and without notice from the Company if You fail to adhere to any term(s) of this license. Upon license termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application. Termination of the license does not by itself cancel an active subscription — see Section 7.
17. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
The Company represents and warrants that it will comply with applicable third-party terms of agreement when using the Licensed Application.
In accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” Apple and its subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement — Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
18. INTELLECTUAL PROPERTY RIGHTS
All content included in the Licensed Application and on https://www.airexys.com, such as text, graphics, logos, scores, indices, and software, is the property of the Company or its licensors and is protected by applicable intellectual property laws. Unauthorized use of any materials may violate copyright, trademark, and other laws.
The Company and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User’s possession and use of the Licensed Application infringes on the third party’s intellectual property rights, the Company, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.
19. APPLICABLE LAW
This License Agreement is governed by the laws of the State of Delaware, United States, excluding its conflicts of law rules. Any legal action or proceeding arising out of or relating to this License Agreement shall be brought exclusively in the state or federal courts located in the State of Delaware, except that either party may bring an individual claim in small claims court where jurisdictional requirements are met.
20. MISCELLANEOUS
20.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
20.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
20.3 The Company reserves the right to amend these Terms at any time. Material changes will be communicated through the Licensed Application or by other reasonable means, and the updated version will be posted with a new effective date. Continued use of the Licensed Application after changes become effective constitutes acceptance of the revised Terms.
Version 1 effective from September 10, 2026.