Terms of Use

This document applies to OSMOAIR™ monitoring products, gateways, firmware, software, cloud services, local interfaces and related services supplied by Arlikat Infotech Pvt. Ltd., operating under the OSMOAIR™ brand.

OSMOAIR™ (An Arlikat Infotech Brand)
#3484, 4th 'H' Block, 80 Feet Road,
Banashankari 6th Stage, Raghuvanahalli,
Bengaluru 560062, Karnataka, India

Email: support@osmoair.com

TERMS OF USE

These Terms govern the installation, configuration, access and use of OSMOAIR Products, firmware, local interfaces and Platform services.

Commercial matters including:

• price;
• quantity;
• payment;
• delivery;
• warranty period;
• calibration scope;
• service levels;
• subscription duration; and
• AMC coverage

are governed by the applicable quotation, purchase order, AMC, subscription agreement, scope of work or other written agreement between OSMOAIR and the Customer ("Commercial Documents").

Where these Terms conflict with a Commercial Document, the Commercial Document will prevail for the matter specifically covered by it.

OSMOAIR Products are environmental and related monitoring instruments intended primarily for professional, commercial, facility and industrial applications.

Available sensors, measurement ranges, accuracy, interfaces, communication methods and functions vary by Product and configuration and are specified in the applicable datasheet or Commercial Documents.

The Customer may use an OSMOAIR Product in an available deployment mode supported by the relevant Product.

Cloud-Connected Deployment

The Product communicates with the OSMOAIR Platform to provide remote monitoring and related services.

Platform functionality may depend on:

• internet availability;
• Customer network configuration;
• subscription status;
• third-party communication systems; and
• the services purchased by the Customer.

Local / Offline Deployment

The Product operates within the Customer's local infrastructure without routine communication with the OSMOAIR Platform.

The Customer controls its own:

• data flow;
• storage;
• integrations;
• network;
• databases;
• retention;
• user access; and
• external connectivity.

OSMOAIR does not remotely access local/offline measurement data unless the Customer expressly provides such information to OSMOAIR.

The firmware and local software required for a purchased Product to function are licensed to the Customer for use with that Product.

Unless otherwise agreed in writing, the licence is:

• non-exclusive;
• non-transferable except with the Product where permitted;
• non-sublicensable; and
• limited to legitimate operation of the Product.

A Customer's right to operate purchased hardware in supported local/offline mode does not automatically end because a separate cloud subscription or AMC expires.

Cloud Platform functionality is available only for the subscription period stated in the applicable Commercial Documents.

All intellectual-property rights in OSMOAIR hardware designs, firmware, software, source code, object code, algorithms, interfaces, documentation, drawings, branding and technical materials remain with OSMOAIR or its licensors.

The Customer retains its rights in measurement and operational data generated through its use of OSMOAIR Products.

OSMOAIR does not claim ownership of Customer measurement data.

In cloud-connected deployments, OSMOAIR may process Customer data only as reasonably necessary to:

• provide the Platform;
• maintain the service;
• provide support;
• maintain security; and
• meet applicable legal obligations.

Personal data is handled in accordance with the OSMOAIR Privacy Policy.

The Customer is responsible for:

• selecting authorised users;
• issuing and revoking access;
• protecting credentials;
• limiting administrator permissions;
• maintaining appropriate internal security controls; and
• informing OSMOAIR of suspected unauthorised access.

The Customer must not share credentials in a manner that compromises Platform security.

The Customer must ensure that installation, mounting, power, network connectivity and environmental conditions comply with the applicable OSMOAIR documentation.

The Customer is responsible for administration and security of infrastructure under its control, including:

• Ethernet;
• Wi-Fi;
• RS-485;
• servers;
• databases;
• firewalls;
• switches;
• building-management systems; and
• third-party systems.

Incorrect installation, placement, configuration or modification may affect measurement accuracy, connectivity and Product life.

Sensor measurements may be affected by:

• placement;
• airflow;
• contamination;
• interference;
• environmental conditions;
• sensor tolerance;
• ageing; and
• calibration condition.

Measurement accuracy must therefore be interpreted according to the applicable Product specifications.

Where calibration certificates are supplied, they apply only to the particular Product, sensor, calibration conditions and date identified in the certificate.

Customers are responsible for maintaining required inspection, cleaning, calibration and sensor-replacement intervals.

Unless expressly stated otherwise in writing for a specific Product and application, OSMOAIR Products are monitoring instruments.

They must not be relied upon as the sole system for:

• fire or smoke detection;
• emergency evacuation;
• statutory hazardous-gas protection;
• occupational exposure protection;
• life-support applications;
• medical diagnosis; or
• medical treatment.

Where applicable law or a standard requires a certified safety, reference or medical instrument, the Customer must use an appropriately certified system.

OSMOAIR measurements, reports, dashboards and audit records may assist Customers with monitoring and compliance activities.

Unless expressly confirmed in writing, OSMOAIR does not represent that a Product or report independently satisfies any statutory, occupational, building, pharmaceutical, medical, safety or certification requirement.

The Customer is responsible for determining whether a Product is suitable for its intended regulatory application.

Where configured, the OSMOAIR Platform may send alarms, notifications and escalation messages.

Delivery may depend on:

• internet connectivity;
• Customer networks;
• mobile networks;
• recipient devices;
• email services; and
• third-party communication providers.

OSMOAIR does not guarantee that every alert will be delivered or received within a particular time unless expressly provided in an applicable service-level agreement.

Alerts must not be the sole safety mechanism protecting a critical process, asset or person.

Customers must not:

• use a Product unlawfully;
• bypass security or access controls;
• attempt unauthorised access;
• introduce malicious software;
• falsify measurements or audit records;
• interfere with Platform operation;
• reverse-engineer protected firmware except where permitted by law;
• remove proprietary notices; or
• represent a Product as certified for a purpose for which OSMOAIR has not provided such certification.

OSMOAIR may provide firmware, software, functionality or security updates.

Customers should apply updates identified as security-relevant within a reasonable period.

OSMOAIR will not intentionally remove materially purchased standalone Product functionality solely because a Customer does not maintain a cloud subscription, unless otherwise stated in the applicable Commercial Documents.

Platform service levels, uptime commitments and support response times apply only where stated in the applicable Commercial Documents.

Customers are responsible for exporting or maintaining copies of information they are required to retain beyond the applicable Platform retention period.

For local/offline deployments, backup and archival are entirely the Customer's responsibility.

OSMOAIR Products may interface with third-party networks, software, databases or platforms.

Unless expressly agreed otherwise, OSMOAIR is not responsible for the:

• availability;
• performance;
• security;
• configuration; or
• behaviour

of third-party systems selected or operated by the Customer.

Each party must take reasonable steps to protect confidential information received from the other party and use such information only for legitimate purposes connected with the applicable business relationship.

Where a separate confidentiality or non-disclosure agreement exists, that agreement will prevail for matters it specifically covers.

Product and service warranties are governed by the applicable Commercial Documents.

To the maximum extent permitted by applicable law, OSMOAIR will not be responsible for indirect, incidental, special or consequential losses arising from:

• misuse;
• unauthorised modification;
• incorrect installation;
• failure to follow Product documentation;
• failure to maintain or calibrate a Product;
• Customer network failures;
• Customer power failures;
• third-party systems;
• internet or communication failures; or
• use of a Product for an excluded safety, medical or regulatory application.

Where liability may lawfully be limited, OSMOAIR's aggregate liability relating to a Product or service will not exceed the amount paid to OSMOAIR for the relevant Product or service, unless otherwise agreed in writing.

Nothing in these Terms excludes liability that cannot legally be excluded or limited.

OSMOAIR may suspend access to cloud Platform services where reasonably necessary because of:

• a security threat;
• unlawful use;
• material breach;
• misuse of the Platform; or
• non-payment relating to the relevant cloud service.

Where reasonably practicable, OSMOAIR will provide notice and the reason for suspension.

Suspension or expiry of cloud services does not by itself disable supported local monitoring functionality of purchased hardware.

Neither party will be responsible for delays caused by circumstances reasonably beyond its control, except for payment obligations already due.

These Terms are governed by the laws of India.

Subject to any separate dispute-resolution provision contained in the applicable Commercial Documents, courts located in Bengaluru, Karnataka will have jurisdiction.

Technical and Privacy Support:
support@osmoair.com

Sales and Commercial:
sales@osmoair.com

OSMOAIR™(An Arlikat Infotech Brand)
Arlikat Infotech Pvt. Ltd.
#3484, 4th 'H' Block, 80 Feet Road,
Banashankari 6th Stage, Raghuvanahalli,
Bengaluru 560062, Karnataka, India.