Updated: 20 June 2018
By using the uHoo Service or creating a uHoo account, you agree to and accept these Terms. If you don’t agree to any of the Terms, do not create an account or use the uHoo Service.
This version of the Terms constitutes the entire agreement between us and cancels, excludes, and replaces any previous Terms in its subject matter.
Creating an Account and Setting Up your Device
Full use of the uHoo Service requires that you create an account. When you create an account with us, you voluntarily provide your first name, last name, email address, password, and time zone. You may also voluntarily indicate your birthday and gender. When you set-up your device, you voluntarily provide its time zone. This ensures that you are able to accurately view all your current and historical air quality measurements and data based on the local time they have occurred.
You are responsible for all activity that occurs on or through your uHoo account. uHoo is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. If you suspect a security breach, please let us know at firstname.lastname@example.org.
Full use of the uHoo Service requires the use of a personal medium, such as a computer or a suitable mobile device, as applicable, and internet access. The maintenance of your applicable personal medium and internet connection may influence the performance of the uHoo Service. It is your responsibility to ensure the compatibility and functionality of your equipment and internet connection.
The use of the web application via a computer is only available to uHoo Business users. The use of the mobile application is available to all users. When using a mobile device, you must download the mobile application which requires internet connection. Exchange of data between the web and mobile applications and your uHoo device likewise requires internet connection.
Incorporated Rules and Policies
uHoo grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the uHoo Service as authorized in these Terms.
You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer or otherwise exploit the uHoo Service. You will not: fraudulently introduce any data on the uHoo Service; fraudulently introduce any data on the uHoo Service; interfere , obstruct, distort the proper working of the uHoo Service or to use it in any manner whatsoever to interfere with any rights of uHoo and of third parties; undertake any action or use any method allowing data to be retrieved, including data scraping, data harvesting, web crawling from the uHoo Service or our database enabling any direct or indirect migration and/or duplication of a significant portion of the data and services accessible from the uHoo service; probe, scan, and technically analyse the uHoo Service; test the vulnerability, the performance and functionality of the uHoo Service for reasons other than the ones strictly necessary to use the uHoo Service; breach of any security measures implemented on the uHoo Service; use any illegitimate means to breach any authentication method implemented by uHoo; access and maintain yourself into any section of the uHoo Service that is not specifically accessible to you by the usual use of the uHoo Service; or modify, decompile, disassemble, reverse engineer, tamper with, or otherwise derive the source code or circumvent the technology of any part of the uHoo Service.
We may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve or alter the performance of the Services and/or the Product Software (“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 stop using uHoo Service. If you do not terminate a previously created uHoo account, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the uHoo Service and you agree to promptly install any Updates uHoo provides. Your continued use of the uHoo Service is your agreement to these Terms with respect to the Services. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
Every purchase of a uHoo device includes a micro-USB cable and an adapter, which have been approved by us and certified based on safety standards. Proper usage of a uHoo device requires the sole use of the provided accessories for their specific purposes. You will not use other accessories or charging devices other than those approved and provided by us.
Use of the uHoo Service should not replace your good judgment and common sense.
Purchase and Returns
You must provide the requested data to place an order for a uHoo device. The indicated price does not include taxes, fees and charges of the applicable law, which shall be for your account. Any order placed is an offer to purchase the uHoo Service. Orders are subject to availability and are accepted at our discretion. We may accept, decline, or place limits on your order for any reason.
All products are sold “as is”. You assume the responsibility for your purchase, and no refunds will be issued. We will replace your defective uHoo device if we satisfactorily determine that the claimed defect warrants replacement. Only uHoo devices that have been purchased directly from the uHoo website can be returned to us. uHoo devices purchased through other distributors and retailers must be returned in accordance with their respective policies. Please ensure that the uHoo device you are returning is repackaged with all the cords, adapters and documentation that were included when you received it. Shipment shall generally be for your account. We will shoulder shipment for replacement units.
We use third party tools to process payments. If the respective providers of the third part tools refuse to authorize a payment, we cannot provide the uHoo Service and we will not be liable for any delay or failure to deliver.
In connection with your use of the uHoo Service, we may send you service messages, updates, security alerts, and account notifications when you log on to your uHoo account and use the uHoo Platform. You may use your account settings to control most communications from us. We may also send you our newsletter if you previously signed up to our e-mail newsletter. If you wish to stop receiving our newsletter, please click “Unsubscribe” at the bottom of each e-mail.
Any photos, images, graphics, video, audio, data, text, music, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the uHoo Service, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of Hong Kong and foreign countries.
We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the uHoo Service.
Our logos and any other uHoo trademarks, and the overall look and feel of the uHoo Service, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the uHoo Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
Modifying and Terminating our Services
We are constantly improving the uHoo Service. We may add or remove, temporarily or permanently, any function, feature, or component of the uHoo Service at any time without notice. We are not liable for any modification, suspension, or discontinuance of any function, feature, or component of the uHoo Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by the uHoo device without prior notice to you.
You can stop using the uHoo Service at any time by deleting your uHoo account. We may also stop providing the uHoo Service to you, or add or create new limits to any aspect of the uHoo Service at any time and without notice or liability to you. If we discontinue the uHoo Service, we will provide you with reasonable advance notice and a chance to retrieve information you previously provided to us where reasonably and legally possible.
You will indemnify and hold harmless uHoo or its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the uHoo Service, your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or your violation of any law or the rights of a third party. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
If you are using the uHoo Service on behalf of a business, that business warrants that it is duly incorporate and registered in accordance with the laws of any jurisdiction and that it accepts these Terms. It will hold uHoo and its affiliates, officers, agents, and employees harmless from any claim, suit, or action arising from or related to the use of the uHoo service or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.
Exclusions of Warranty and Liability
Other than as expressly set out in these terms or additional terms, we or our suppliers or distributors, or any other party involved in creating, producing, or delivering the uHoo Service do not make any specific promises about the uHoo Service, including but not limited to the content within the uHoo Service, the specific functions of the uHoo Service, or their reliability, availability, or ability to meet your needs. We provide the Services “as is” without warranty of any kind. We disclaim all express or implied warranties arising out of or related to these Terms or the uHoo Service to the extent permitted by law. We make no warranty that the uHoo Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the uHoo Service.
We do not guarantee or promise any specific level of air cleanliness or any health benefits from the use of the uHoo Service or any features therein, including following any guidance provided by uHoo. Actual air quality may vary with factors beyond our control or knowledge. From time to time, we may use the uHoo Services to provide you with information that is unique to you and your air monitoring situation and may suggest ways to enhance or improve or otherwise alter your habits. uHoo does this to highlight options for your consideration based on our analysis and information that has been monitored and collected. YOU ACKNOWLEDGE THAT THESE SUGGESTIONS ARE NOT CONSIDERED MEDICAL ADVICE AND THE EFFICACY AND APPLICABILITY OF SUCH SUGGESTIONS MAY VARY. We accept no liability regarding your actions based on the information provided by the uHoo Service, and make no warranties and representation about the applicability of such information or guidance to your specific needs. Any health questions regarding the information and guidance provided should be directed to a medical doctor or an air quality professional.
We, or our suppliers or distributors, or any other party involved in creating, producing, or delivering the uHoo Service will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages, and any loss or damage that is not reasonably foreseeable. To the extent permitted by law, our total liability and our suppliers, distributors, and any other party involved in creating, producing, or delivering the uHoo Service for any claims under these Terms, including for any implied warranties, is limited to the amount you paid us to use the uHoo Service or USD 100, if you have not had any payment obligations to us, as applicable.
Our failure to exercise or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of uHoo. Any single or partial exercise of any right, power or privilege shall not preclude any other or further exercise thereof.
Any notice or other communications provided by us under these Terms will be given by e-mail or by posting to the uHoo Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable part or provision shall be deemed as unwritten, and the other provisions of these Terms will remain in full force and effect.
These Terms are governed by and construed in accordance with the laws of Hong Kong Special Administrative Region.
These Terms constitute the entire agreement and understanding between us in relation to your use of and access to the uHoo Platform and uHoo Services.
We reserve the right to transfer, assign, dispose of by novation or subcontract all or any rights of obligations under these Terms as long as your rights under these Terms are not affected. You may not assign or transfer your rights or obligations under these Terms in anyway without our written consent.
We may change the Terms from time to time. Any changes shall be posted on this page. We shall notify you of any material changes and give you an opportunity to review and comment on any revisions before deciding if you would like to continue using the uHoo Service. We will let you know of any material changes via an alert on the uHoo Platform, website, or email to the email address associated with your uHoo account. By using the uHoo Service on or after the effective date, you agree to the new Terms. If you do not agree, please delete your uHoo account, and stop using the uHoo Service. Otherwise, your continued use shall subject to the new Terms.