The "App" shall mean Ambi Climate, the hardware and software system created by Ambi Labs Limited that learns how multiple factors affect your comfort, and automatically adjusts your air conditioner to deliver personalized comfort with energy savings. Ambi Climate also offers smart home functionality, including timers, rules and advanced integrations. The App is to be used on Apple iOS, Android devices and any includes upgrades from time to time and any other software or documentation which enables the use of the App.
3. Data Protection
4. The App
5. Proprietary Rights and Licence
5.1 All trademarks, copyright, database rights, and other intellectual property rights of any nature in the App together with the underlying software code are owned directly either by Ambi Labs Limited or by Ambi Labs Limited's licensors.
6. Conditions of Use
6.1 You will not, nor allow third parties on your behalf to:
a) make and distribute copies of the App
b) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, or translate the App; or
c) create derivative works of the App of any kind whatsoever.
6.3 You acknowledge that the terms of agreement with your respective mobile network provider (the “Mobile Provider”) will continue to apply when using the App. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the App or for any such third party charges as may arise. You accept responsibility for any such charges that arise.
6.4 If you are not the bill payer for the mobile telephone or handheld device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.
7.1 This App is available to handheld mobile devices running Apple iOS and Android. Ambi Labs Limited will use reasonable efforts to make the App available at all times. However, you acknowledge the App is provided on the Internet and on mobile networks, so the quality and availability of the App may be affected by factors outside Ambi Labs Limited's reasonable control.
7.2 Ambi Labs Limited, its group of companies, and its sub-contractors do not accept any responsibility whatsoever for unavailability of the App or any difficulty or inability to download or access content or any other communication system failure which may result in the App being unavailable.
7.3 Ambi Labs Limited will not be responsible for any support or maintenance for the App.
8. System Requirements
8.1 In order to use the App, you are required to have a compatible mobile telephone or handheld device, Internet access, and the necessary minimum specifications (the “Software Requirements”).
8.2 The Software Requirements are as follows: iOS 9, Android 4.1, or later.
8.3 The version of the App software may be upgraded from time to time to add support for new functions and services.
9.1 Ambi Labs Limited may terminate use of the App at any time by giving notice of termination to you.
9.2 Upon any termination:
a)the rights and licences granted to you herein shall terminate; and
b)you must cease all use of the software.
10. Limitation of Liability
10.1 In no event will Ambi Labs Limited be liable for any direct, indirect, special, punitive, exemplary, or consequential losses or damages of whatsoever kind arising out of your use of or access to the App, including loss of profit or the like whether or not in the contemplation of the parties or whether based on breach of contract, tort (including negligence), product liability, or otherwise.
10.2 Ambi Labs Limited is not liable to you for any damage or alteration to your equipment, including but not limited to computer equipment, handheld devices, or mobile telephones, as a result of the installation or use of the App.
11. Disclaimer of Warranties
To the maximum extent permitted by law, and for the avoidance of doubt, Ambi Labs Limited hereby disclaims all implied warranties with regard to the App. The App and software are provided "as is" and "as available" without warranty of any kind.
12. Governing Law and Jurisdiction