Privacy Policy | Terms of Service

AQM PRIVACY POLICY

Effective Date: May 15, 2025

1. INTRODUCTION

Welcome to AQM (“we,” “our,” or “us”). We are committed to protecting your privacy and providing a safe, healthy environment for you through our indoor air quality monitoring services. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our AQM platform, including our website, mobile application, monitoring devices, and related services (collectively, the “Service”).

Please read this Privacy Policy carefully. By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by this Privacy Policy. If you do not agree with our policies and practices, please do not use our Service.

2. INFORMATION WE COLLECT

2.1 Personal Information

We may collect personal information that you voluntarily provide to us when you:

  • Create an account
  • Subscribe to our Service
  • Request customer support
  • Participate in surveys or promotions
  • Communicate with us

This information may include:

  • Contact information (name, email address, phone number, mailing address)
  • Billing information (payment method details, billing address)
  • Account credentials (username, password)
  • Property information (home address, square footage, construction details)
  • Information about your home mechanical systems (HVAC systems, ventilation rates, etc.)

2.2 Device and Usage Information

When you use our Service, we automatically collect certain information about your device and usage of the Service, including:

  • Device information (hardware model, unique device identifiers)
  • IP address
  • Browser type and version
  • Time zone setting
  • Pages visited and features used
  • Time and date of your visit
  • Other statistics

2.3 Indoor Air Quality Data

Our Service collects data from air quality monitoring devices installed in your property, which may include:

  • Temperature measurements
  • Relative humidity levels
  • Carbon dioxide (CO2) concentrations
  • Volatile organic compound (VOC) levels
  • Particulate matter (PM2.5) measurements
  • Energy consumption data from monitored systems
  • Operational status of mechanical equipment

2.4 Information from Other Sources

We may obtain information about you from other sources, such as:

  • HERS Rating Certificates and building summary reports
  • Public databases

3. HOW WE USE YOUR INFORMATION

We may use the information we collect for various purposes, including to:

  • Provide, maintain, and improve our Service
  • Create and manage your account
  • Process payments and subscriptions
  • Analyze your indoor air quality data to provide tailored recommendations
  • Respond to your inquiries and provide customer support
  • Send you notifications about air quality issues and system adjustments
  • Send you technical notices, updates, security alerts, and administrative messages
  • Communicate with you about products, services, offers, and events
  • Monitor and analyze trends, usage, and activities in connection with our Service
  • Detect, investigate, and prevent fraudulent transactions and other illegal activities
  • Protect the rights, property, or safety of our users or others

4. DISCLOSURE OF YOUR INFORMATION

We may share your information in the following situations:

  • With service providers who perform services on our behalf
  • With business partners with whom we jointly offer products or services
  • In connection with a business transaction such as a merger, sale of assets, or acquisition
  • To comply with applicable laws, regulations, legal processes, or government requests
  • To enforce our terms, agreements, or policies
  • To protect the rights, property, or safety of AQM, our users, or others

5. DATA RETENTION

We will retain your personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. To determine the appropriate retention period, we consider the amount, nature, and sensitivity of the data, the potential risk of harm from unauthorized use or disclosure, and applicable legal requirements.

6. DATA SECURITY

We have implemented appropriate technical and organizational measures to protect the security of your information. However, please understand that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security.

7. YOUR PRIVACY CHOICES

Depending on your location, you may have certain rights regarding your personal information, which may include:

  • Accessing your personal information
  • Correcting inaccurate or incomplete information
  • Deleting your personal information
  • Restricting or objecting to our processing of your information
  • Receiving your information in a structured, commonly used format
  • Withdrawing consent at any time where we rely on consent to process your information

To exercise these rights, please contact us using the information provided in the “Contact Us” section below.

8. CHILDREN’S PRIVACY

Our Service is not directed to children under the age of 16, and we do not knowingly collect personal information from children. If we learn that we have collected personal information from a child under 16, we will promptly take steps to delete such information.

9. CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. We will notify you of any material changes by posting the new Privacy Policy on this page and updating the “Effective Date” at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes.

10. CONTACT US

If you have any questions or concerns about this Privacy Policy or our privacy practices, please contact us at:

Email: adin@aqmhome.com
Mail: AQM Inc. Attn: Office of Humanity  57R Adams Rd. Haydenville, MA 01039 

AQM TERMS OF SERVICE

Effective Date: May 15, 2025

1. AGREEMENT TO TERMS

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or “user”) and AQM (“we,” “us,” or “our”) governing your access to and use of the AQM platform, including our website, mobile application, monitoring devices, and related services (collectively, the “Service”).

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use the Service.

2. DESCRIPTION OF SERVICE

AQM is a platform that monitors real-time air quality and mechanical system performance in buildings. The Service reports monitored indoor air quality (IAQ) and energy consumption data and provides solutions to empower occupants and property owners to adjust, maintain, and repair mechanical systems to benefit occupant health and comfort, resulting in reduced energy costs and improved building durability.

3. ELIGIBILITY

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you meet this requirement and that you have the right, authority, and capacity to enter into these Terms.

4. ACCOUNT REGISTRATION

To use certain features of the Service, you may need to create an account. When you create an account, you must provide accurate, current, and complete information. 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.

5. SUBSCRIPTION AND PAYMENT

5.1 Subscription Options

We offer various subscription tiers for our Service, as described on our website or in our marketing materials. By subscribing to our Service, you agree to pay the applicable subscription fees.

5.2 Payment Terms

All payments are due in advance of the subscription period. You authorize us to charge your payment method for all fees incurred under your account. All fees are non-refundable unless otherwise stated.

5.3 Changes to Fees

We reserve the right to modify our subscription fees at any time. We will provide notice of any fee changes before they become effective. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the modified fees.

6. EQUIPMENT

6.1 Monitoring Equipment

Your subscription may include the lease or purchase of monitoring equipment. You are responsible for maintaining this equipment in good working condition and for using it in accordance with our instructions.

6.2 Equipment Installation

You are responsible for the proper installation of any monitoring equipment according to our guidelines. If you choose to have the equipment professionally installed, you are responsible for any installation fees.

6.3 Return of Leased Equipment

If you lease equipment from us, you must return it in good working condition (normal wear and tear excepted) within 30 days of terminating your subscription, or you may be charged the full retail value of the equipment.

7. USER RESPONSIBILITIES

7.1 Compliance with Instructions

You acknowledge that failure to follow recommended system adjustments may result in suboptimal system performance and potentially compromised air quality. As there are many factors that impact IAQ, AQM is not to be held responsible for unforeseen changes in indoor IAQ levels or negative impact that air quality has on the home or it’s occupants. 

7.2 Professional Installation and Maintenance

For any mechanical system adjustments beyond simple user controls, we recommend hiring qualified professionals. You acknowledge that we are not responsible for damages or injuries resulting from improper adjustments or installations.

7.3 Emergency Responses

The Service may alert you to potentially hazardous conditions. You are responsible for taking appropriate action in response to these alerts, which may include evacuating the premises, contacting emergency services, or consulting with qualified professionals. AQM is not responsible for any action or non-action taken by you, or other occupants of the home being monitored, that may result in injury, poor health issues, or death. 

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Our Proprietary Rights

All aspects of the Service, including but not limited to the software, algorithms, design, text, graphics, logos, and interactive features, are owned by us or our licensors and are protected by copyright, trademark, patent, and other intellectual property laws. You agree not to remove, alter, or obscure any copyright, trademark, or other proprietary rights notices incorporated in or accompanying the Service.

8.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal or internal business purposes.

8.3 Restrictions

You agree not to:

  • Copy, modify, or create derivative works based on the Service
  • Reverse engineer, decompile, or attempt to discover the source code of the Service
  • Sell, license, rent, lease, or otherwise commercialize the Service
  • Use the Service for competitive analysis or to develop a competing product or service
  • Violate any applicable laws or regulations in connection with your use of the Service

9. USER CONTENT

9.1 Your Content

You retain ownership of any content you submit to the Service (“User Content”). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute your User Content in connection with providing and improving the Service.

9.2 Prohibited Content

You agree not to submit any User Content that:

  • Infringes any third-party rights
  • Is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
  • Contains malware, viruses, or other harmful code
  • Violates any applicable laws or regulations

10. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE INFORMATION PROVIDED THROUGH THE SERVICE IS ACCURATE, RELIABLE, OR COMPLETE, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.

ANY RELIANCE YOU PLACE ON THE SERVICE OR ITS CONTENT IS STRICTLY AT YOUR OWN RISK.

11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AQM, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

(A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (E) ANY PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE OR IMPLEMENTATION OF ANY RECOMMENDATIONS PROVIDED THROUGH THE SERVICE; OR (F) ANY OTHER MATTER RELATING TO THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

12. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless AQM, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney’s fees) arising from or relating to:

(a) Your use of or reliance on the Service; (b) Your violation of these Terms; (c) Your violation of any third-party rights, including without limitation any intellectual property rights or privacy rights; (d) Your implementation of any recommendations provided through the Service; (e) Any property damage, personal injury, or death arising from or relating to your use of the Service; or (f) Any actions taken by third parties based on your access to or use of the Service.

13. THIRD-PARTY SERVICES AND CONTENT

The Service may contain links to third-party websites, services, or content that are not owned or controlled by AQM. We do not endorse or assume any responsibility for any such third-party sites, services, or content. If you access any third-party website, service, or content from the Service, you do so at your own risk and you agree that we will have no liability arising from your use of or access to any third-party website, service, or content.

14. TERM AND TERMINATION

14.1 Term

These Terms will remain in full force and effect while you use the Service or maintain an account with us.

14.2 Termination by You

You may terminate your account at any time by contacting us or by using the account termination feature in your account settings.

14.3 Termination by Us

We may terminate or suspend your account or access to the Service at any time, without prior notice or liability, for any reason, including but not limited to:

  • Violation of these Terms
  • Failure to pay any fees when due
  • Unexpected technical issues or problems
  • Extended periods of inactivity

14.4 Effect of Termination

Upon termination of your account:

  • Your right to access and use the Service will immediately cease
  • You must return any leased equipment as specified in Section 6.3
  • We may, but are not obligated to, delete your account information and User Content
  • All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability

15. GOVERNING LAW AND DISPUTE RESOLUTION

15.1 Governing Law

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any choice or conflict of law provision or rule.

15.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Boston, Massachusetts, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

15.3 Class Action Waiver

ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

15.4 Small Claims Court

Notwithstanding the foregoing, you may bring an individual action in the small claims courts of your state of residence if the claim is within such court’s jurisdiction and is pending only in that court.

16. GENERAL PROVISIONS

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and us regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

16.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent possible under the law.

16.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without our consent shall be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.

16.5 Notices

We may provide notices to you via email, regular mail, or postings on the Service. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

16.6 Force Majeure

We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, civil unrest, government action, labor disputes, or Internet service disruptions.

17. CONTACT US

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

Email: legal@aqm.com
Mail: AQM Legal Department, [Your Street Address], [City, State, ZIP]

MEDICAL AND HEALTH DISCLAIMER

The AQM platform (“Service”) provides information and recommendations related to indoor air quality and home mechanical systems. This information is for general informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment.

HEALTH INFORMATION DISCLAIMER

The content provided through the Service, including but not limited to text, graphics, images, and other material, is for informational purposes only. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or health objectives.

NOT MEDICAL ADVICE

The information provided by the Service is not medical advice. The Service monitors various environmental factors such as temperature, humidity, carbon dioxide (CO2), volatile organic compounds (VOCs), and particulate matter (PM2.5), and provides recommendations based on generally accepted standards for indoor air quality. These recommendations are not personalized medical advice and should not be interpreted as such.

The AQM platform and associated monitoring devices are not medical devices and are not intended to diagnose, treat, cure, or prevent any disease or health condition. The Service is not designed to monitor or address specific health conditions such as asthma, allergies, or other respiratory or environmental sensitivities.

NO DOCTOR-PATIENT RELATIONSHIP

Use of the Service does not create a doctor-patient relationship. No doctor-patient relationship is created by using the Service or by receiving information or recommendations from the Service.

CONSULT HEALTHCARE PROFESSIONALS

If you have a medical condition that may be affected by indoor air quality, including but not limited to respiratory conditions, allergies, or environmental sensitivities, you should consult with a qualified healthcare professional before using the Service or implementing any recommendations provided by the Service.

EMERGENCY SITUATIONS

The Service is not designed to detect or alert you to emergency situations that may pose an immediate threat to health or safety, such as carbon monoxide leaks, gas leaks, fires, or other hazardous conditions. For such purposes, you should use dedicated safety devices such as carbon monoxide detectors, smoke detectors, and gas leak detectors in accordance with applicable building codes and safety regulations.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, we expressly disclaim all liability for any harm, injury, or damage arising from reliance on any information or recommendations provided through the Service. In no event shall AQM, its affiliates, or their respective officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, or consequential damages or injuries arising from or related to your use of or reliance upon the Service or the information or recommendations it provides.

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS DISCLAIMER.