Terms of Service

1. Acceptance of the Terms

Your access to the website and your use of any service offered on it is conditioned upon your acceptance of and compliance with these Terms of Service. By using the website in any way, including merely viewing pages, you confirm that you have read these terms, understood them and agreed to be bound by them. These terms take effect at the moment you first access the website and continue to apply for as long as you use any feature that we offer.

Where our services are used by an organisation, the individual who accepts these terms on behalf of that organisation represents that they have the authority to bind the organisation. The organisation and the individual both agree to be responsible for compliance with these terms in relation to all activity carried out under the relevant account or engagement.

We reserve the right to change these terms at any time. When a material change is made, the effective date above will be updated and reasonable notice will be given to active customers. Your continued use of the website or services after a change takes effect indicates that you accept the revised terms.

2. Changes to these Terms

The company may amend these Terms of Service from time to time to reflect improvements to the services, changes in the law, or changes in the way the business operates. When we amend the terms, we will update the effective date and publish the revised version on this page. For customers under an active written agreement, we will provide at least a reasonable period of notice before a material change affects their contracted terms, except where a change is needed urgently to comply with a legal or safety requirement.

If you do not agree with a revised version of these terms, you may stop using the website and may cancel your paid engagement in accordance with the cancellation provisions of your agreement. If you continue to use the website or the services after the revised terms are published, your continued use will constitute acceptance of the revised terms, except where consent is required by law.

3. Nature of the Services

The company advises on, designs, builds, places and operates environmental sensing infrastructure. The services described on the site include, but are not limited to, the architecture of air monitoring networks, the integration of third party sensor platforms, the development of custom dashboards, the construction of environmental data pipelines, the preparation of compliance reporting systems and the provision of managed operations and support. Each paid engagement is usually governed by a separate statement of work or proposal that defines the deliverables, the schedule and the fees.

The website presents general descriptions of these capabilities and is intended for information and enquiry purposes. Nothing on the website constitutes a binding offer to provide a specific service at a specific price. A binding engagement is formed only when the company and the customer sign a statement of work, a purchase order or another formal agreement that references these Terms of Service.

Environmental measurements are subject to natural variability and to the physical limits of the instruments employed. Readings and reports are provided for the informative purposes they are intended to serve and should not be treated as a guarantee of any particular atmospheric condition or outcome.

4. Eligibility and Account Responsibilities

To use account based features, portal access or paid services, you must be at least eighteen years of age and capable of forming a binding contract under the law of your place of residence. By agreeing to these terms you confirm that all information you provide, including names, email addresses and organisational details, is accurate and current, and you agree to keep it that way.

If we provide you with login credentials, you are responsible for safeguarding those credentials and for all activity that occurs under your account. You must notify us promptly if you believe your account has been compromised. We are not liable for losses arising from unauthorised use of your account where such use was enabled by the failure to keep credentials secure. You may not share credentials with third parties or transfer your account without our prior written consent.

5. Acceptable Use

You agree to use the website and the services only for lawful purposes and in a manner that does not interfere with the security, availability or integrity of the platform. You must not use the website to transmit harmful code, to attempt to gain unauthorised access to any part of the system, to overload or to probe the infrastructure, or to submit content that is unlawful, misleading or infringing.

• You must not attempt to reverse engineer, decompile or extract the source of any proprietary software that we provide.
• You must not scrape, harvest or republish substantial portions of the site content without our permission.
• You must not use the services to defame, harass or threaten any person.
• You must not submit false or fabricated sensor readings through any reporting tool.
• You must cooperate with reasonable security or compliance requests that we make.

We may suspend or terminate access to any service, without liability, where we reasonably believe that these acceptable use rules have been violated or that continued access creates a risk to other users or to the platform.

6. Intellectual Property

The website, its design, its text, its graphics, its logos, and the original components of any dashboards, reports or software that we create for a customer are the intellectual property of the company or of the developer Rocky Air, unless otherwise agreed in writing. The name Rocky Air, the ROCKY MOUNTAIN AIR, LLC trade name, and associated logotype are used to identify the services described on this site.

You may view, download and print portions of the website for your personal, non-commercial reference. You may not copy, reproduce, redistribute, modify or create derivative works from substantial portions of the site content without prior written consent.

Where a paid engagement results in the creation of deliverables for a customer, ownership of those deliverables is set out in the relevant statement of work. Unless the statement of work says otherwise, the customer receives a licence to use the deliverables for its own operations, and the company retains ownership of the underlying tools, libraries and methods that it develops and refines across its engagements.

7. Customer Data and Content

In the course of using the services you may provide us with data, including site coordinates, facility records, sensor configurations and any monitoring data that your organisation produces. The company acts as a careful custodian of such customer data. You retain ownership of your data, and you grant the company a limited right to process that data solely for the purpose of providing the services you have requested.

The company will not sell customer data and will not use customer data for any purpose beyond the delivery of the contracted services, unless you give us separate written consent. Upon termination of an engagement, and subject to lawful retention obligations, we will return or delete the operational data you have provided, at your direction.

You are responsible for ensuring that the data you provide is lawfully obtained, that you have the rights necessary to share it, and that its processing does not violate any law or the rights of any third party.

8. Payments and Billing

Fees for services are set out in the relevant proposal, quotation or statement of work and are valid for the period stated in that document. Unless otherwise agreed, invoices are payable within the number of days stated on the invoice. Late payments may accrue interest at the rate permitted by applicable law, and we may suspend active services until outstanding balances are settled.

Prices quoted are usually exclusive of any applicable taxes. You are responsible for all taxes, duties and levies that apply to the services, other than taxes based on our net income. Payment processing is performed through reputable regulated providers, and we do not store full card numbers on our own systems.

If a dispute arises over an invoice, you must notify us in writing within a reasonable time of receiving the invoice, and both parties will attempt in good faith to resolve the discrepancy promptly. We may choose to project changes to fees and expenses with notice, and material fee changes will be agreed in writing before they take effect for existing engagements.

9. Third Party Services

The website and the services may rely on or link to third party products such as sensor hardware, cloud hosting, mapping data, messaging and payment tools. These third parties operate under their own terms, warranties and privacy notices. We select partners that are reliable and reputable, but we do not control their products and we are not responsible for their performance or their handling of the information they receive.

Any warranty or guarantee offered by a hardware manufacturer applies to the hardware as provided by that manufacturer. Where we install or integrate third party equipment for a customer, we warrant the quality of our integration work, but we do not extend the manufacturer warranties beyond the terms offered by the originator.

By using certain services you may be subject to the additional terms and privacy notices of the third party providers. You are responsible for reviewing and agreeing to those terms where they apply to you.

10. Disclaimers of Warranty

The website and the informational materials provided on it are made available on an as-is and as-available basis, without any representation or warranty of any kind, whether express or implied. To the fullest extent permitted by law, the company disclaims implied warranties, including warranties of merchantability, fitness for a particular purpose and non-infringement.

We do not warrant that the website will be uninterrupted, error free or completely secure, or that the results obtained from the use of the services will be accurate or reliable in every circumstance. Environmental data is influenced by many variables outside our control, and we cannot guarantee readings under abnormal or extreme conditions.

Where a paid service is subject to an express warranty in the statement of work, the terms of that express warranty apply and prevail over the general disclaimers in this section to the extent the two conflict.

11. Limitation of Liability

To the fullest extent permitted by law, the company, its officers, employees, agents and the developer shall not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or relating to the use of the website or the services, whether such liability is founded in contract, tort, or otherwise.

The total aggregate liability of the company arising out of or relating to any paid service shall not exceed the fees actually paid by the customer for that service during the period in which the claim arose. For informational use of the free website, the aggregate liability of the company shall not exceed a modest amount intended to be nominal in recognition of the free nature of the content.

Because some jurisdictions do not allow the exclusion or limitation of certain forms of liability, the limitations above may not apply to you in full. In that event, liability will be limited to the greatest extent permitted by the law of the applicable jurisdiction.

12. Indemnification

You agree to indemnify, defend and hold harmless the company, its affiliates, officers, directors, employees and agents from and against any claims, losses, damages, liabilities and reasonable expenses, including legal fees, that arise out of or relate to your use of the website or the services, your violation of these Terms, or your violation of any law or the rights of any third party in connection with your activities.

Where customer data is involved, the customer agrees to indemnify the company against claims that arise from the unauthorised or unlawful content in such data, provided that the company promptly notifies the customer of the claim, cooperates in the defence and does not admit liability without the customer concurrence.

13. Termination

Either party may terminate a paid engagement in accordance with the cancellation and notice requirements set out in the relevant statement of work. For the free website, this agreement continues until you stop using the site, and we may suspend or discontinue any part of the website at any time for maintenance, security or operational reasons.

We may suspend or terminate your access, in whole or in part, if you breach any material provision of these Terms, if you fail to pay fees when due, or if we are required to do so by law. Upon termination, the provisions of these Terms that by their nature are intended to survive, including disclaimers, limitation of liability and indemnification, will continue to apply.

On termination of a paid engagement, the customer will pay for services and deliverables accepted up to the date of termination, and the company will return or delete customer operational data in line with the Privacy Policy and the statement of work.

14. Governing Law

These Terms of Service and any separate agreements by which we provide services shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions. To the extent that the services or their use give rise to a dispute arising out of or relating to these terms, the parties consent to the venue of the federal or state courts located within the State of Colorado.

If you are located outside the United States, you agree that the laws of Colorado will govern the interpretation of these terms and that you consent to jurisdiction in that state, subject to any mandatory consumer protection rules that apply to you and that cannot lawfully be excluded.

15. Severability and Waiver

If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. The failure of the company to exercise or enforce any right or provision of these Terms shall not operate as a waiver of that right or provision, and such waiver shall not be effective unless it is made in writing and signed by the company.

16. Contact Information

If you have questions about these Terms of Service, about the services or about your account, you may reach the company by any of the following channels:

Section headings in these terms are provided for convenience only and carry no legal meaning. We value clear agreements, and we thank you for reading these Terms of Service carefully.