Thank you for using VitalNomad products and services. 

By accessing, using, or interacting with any VitalNomad website, mobile application, or other product or service, you expressly signify your consent to the terms in this End User License Agreement (“Agreement”). Your acceptance of this Agreement, as set forth below, creates a binding legal agreement between you and VitalNomad LLC, (“VitalNomad”), a limited liability company registered in the state of Massachusetts. Please read this Agreement carefully. If you do not agree to all of the terms of the Agreement, you may not access or use any VitalNomad product or service.

1. VITALNOMAD SOFTWARE AND SERVICE. Use of the VitalNomad Service and VitalNomad Software the following software (collectively, “VitalNomad Software”) is governed by this Agreement.

1.1 The VitalNomad Service combines VitalNomad hardware that monitors temperature and humidity with VitalNomad Software. Together, VitalNomad hardware and software are designed to monitor temperature and humidity, subject to the important restrictions, disclaimers and limitations in this Agreement.

1.2 The VitalNomad Software is an application that can be downloaded to devices, such as an Apple® iPhone® or a device running the Android™ operating system, to interact with and control hardware developed or sold by VitalNomad (collectively, “VitalNomad Product”).

2. ACCEPTANCE.

2.1 By accessing, using, downloading, and/or installing VitalNomad Software you agree to be bound by the terms of this Agreement. You may not use VitalNomad Software or the VitalNomad Service unless you have accepted the terms of this Agreement.

2.2 In the event that you are accessing or using VitalNomad products or services on behalf of any entity, you represent and warrant you are validly authorized to accept the terms of this Agreement on behalf of such entity which agrees to be responsible for ensuring the terms of this Agreement are followed.

3. LICENSE. VitalNomad grants you a limited, personal, non-exclusive, non-transferable, revocable license for the sole purpose of using VitalNomad Software and the VitalNomad Service in accordance with and for the duration of this Agreement.

3.1 This license does not permit you to and you are expressly prohibited from (a) making any copies of VitalNomad Software, in whole or in part, (b) distributing VitalNomad Software, in whole or in part, to others, (c) modifying VitalNomad Software in any way, and (d) reducing or attempting to reduce VitalNomad Software to human-readable form by decompiling, disassembling, reverse engineering, or any other means.

3.2 VitalNomad and its licensors are the sole and exclusive owner of all intellectual property rights in VitalNomad Software and the VitalNomad Service and any upgrades, modifications and enhancements thereto, including but not limited to all trade secrets, copyrights, patents, and trademarks.

3.3 VitalNomad may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the VitalNomad Software and related services (“Updates”). Updates to VitalNomad’s server software may be automatically installed without providing any additional notice or receiving any additional consent. Updates to the VitalNomad Software on your phone or other smart device may become available on the Apple App Store, Google Play, or similar application sites. Those Updates may be automatically downloaded to your phone or other smart device, or may require your approval. If you do not want Updates, you must stop using the VitalNomad Product. Because of the security and monitoring aspects of the VitalNomad Software, you agree to promptly install any Updates VitalNomad provides.

4. RESTRICTIONS. Your use of VitalNomad Software and the VitalNomad Service is subject to the following restrictions:

4.1 You will not access the VitalNomad Service by any means other than through the use of VitalNomad Software.

4.2 You will not engage in any activity that interferes with or disrupts the VitalNomad Service.

4.3 You will not perform any tests or analysis to determine or attempt to determine the functioning or operation of the VitalNomad Service.

4.4 You will use VitalNomad Software and the VitalNomad Service only as permitted by this Agreement and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

4.5 You acknowledge that the VitalNomad Product and VitalNomad Software are not certified for medical use, emergency response, or scientific measurements.  In addition, the VitalNomad Customer Care and Support contacts are not a lifesaving solution for people at risk in the home, and they are no substitute for emergency services. All life threatening and emergency events should be directed to the appropriate response services.

4.6 You will comply with all safety warnings, cautions, and instructions applicable to the VitalNomad Software and the VitalNomad Service.

5. CONTENT AND DATA.

5.1 VitalNomad Software and the VitalNomad Service sends and receives information, including but not limited to notifications, messages, images, advertising and location (collectively “Content”). VitalNomad may collect other data about you including your name, address and email address, an identifier of your device, data from your device, and other information described in the VitalNomad Privacy Policy (collectively, “Data”). VitalNomad may request other information from you to improve its products and services.

5.2 VitalNomad may store and use the Content and Data to develop and improve its products and services, including but not limited to VitalNomad Software and the VitalNomad Service.

5.3 For information about VitalNomad’s data practices, please read VitalNomad’s privacy policy at https://tempi.fi/privacy. This policy explains how VitalNomad treats your personal data, and protects your privacy when you use VitalNomad Software and the VitalNomad Service. You agree to the use of your personal data in accordance with VitalNomad’s privacy policy.

5.4 You will not use the VitalNomad Software and the VitalNomad Service to send Content to others that is offensive, indecent, or objectionable. You understand that you may find Content received by you to be offensive, indecent, or objectionable, and you agree that VitalNomad is not liable for any Content received by you.

5.5 VitalNomad may provide advertisements in conjunction with your use of VitalNomad Software. You acknowledge and agree that VitalNomad does not endorse the advertisements, and that VitalNomad is not liable for any aspect of the advertisements, including their completeness and/or accuracy.

5.6 VitalNomad stores and processes its data in a secure facility and takes measures to protect data from unauthorized or unintended access. Nonetheless, VitalNomad will not be liable for any unauthorized or unintended access to Content or personal data. VitalNomad recommends that you use a long and strong password consisting of letters, numbers, and special characters.

6. DISCLAIMER OF WARRANTY. VITALNOMAD SOFTWARE AND THE VITALNOMAD SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VITALNOMAD EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. VITALNOMAD SPECIFICALLY DOES NOT REPRESENT OR WARRANT THAT VITALNOMAD SOFTWARE AND/OR THE VITALNOMAD SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE RELIABLE, AND WILL BE ERROR FREE, UNINTERRUPTED, OR TIMELY.  VITALNOMAD DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM VITALNOMAD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, GIVEN BY VITALNOMAD, ITS AFFILIATES, EMPLOYEES, AGENTS, RETAILERS OR OTHER SELLERS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THIS AGREEMENT.

7. LIMITATION OF LIABILITY.

7.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VITALNOMAD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOSS OF BUSINESS PROFIT, ANY LOSS OF PROPERTY, ANY LOSS OF GOODWILL, ANY DISCLOSURE OF CONTENT OR PERSONAL DATA, ANY LOSS OF DATA, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES) THAT MAY ARISE FROM THE USE OR MISUSE OF VITALNOMAD SOFTWARE AND/OR THE VITALNOMAD SERVICE. VITALNOMAD SHALL NOT BE LIABLE FOR SUCH DAMAGES WHETHER OR NOT VITALNOMAD HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

7.2 AS A MATERIAL INDUCEMENT FOR VITALNOMAD TO PROVIDE OR LICENSE THE VITALNOMAD SOFTWARE AND THE VITALNOMAD SERVICE AT THE PRICE YOU PAID, YOU AGREE THAT THE AGGREGATE LIABILITY OF VITALNOMAD, ITS AFFILIATES, EMPLOYEES, AGENTS, RETAILERS AND OTHER SELLERS SHALL NOT EXCEED THE PRICE YOU PAID FOR THE VITALNOMAD SOFTWARE AND THE VITALNOMAD SERVICE. IF YOU RECEIVED THE VITALNOMAD SOFTWARE AND/OR THE VITALNOMAD SERVICE AS A GIFT, OR DID NOT PAY FOR THE VITALNOMAD SOFTWARE AND/OR THE VITALNOMAD SERVICE FOR ANY OTHER REASON, THEN THE AGGREGATE LIABILITY OF VITALNOMAD, ITS AFFILIATES, EMPLOYEES, AGENTS, RETAILERS AND OTHER SELLERS SHALL NOT EXCEED VITALNOMAD’S SUGGESTED RETAIL PRICE FOR THE VITALNOMAD SOFTWARE AND THE VITALNOMAD SERVICE.

7.3 VitalNomad is not responsible for any consequences of using or misusing the product to monitor anything.

8. TERMINATION. This Agreement will apply until terminated by you or VitalNomad.

8.1 You may terminate this Agreement at any time, and may do so without informing VitalNomad.

8.2 VitalNomad may terminate this agreement at any time, with or without notice to you, for any reason, including but not limited to (a) VitalNomad’s determination in its sole discretion that you have violated the terms of this Agreement; or (b) VitalNomad determines that VitalNomad Software or the VitalNomad Service are no longer commercially viable.

8.3 Upon the termination of this agreement, by you or by VitalNomad, you will cease all use of VitalNomad Software and the VitalNomad Service and will delete all copies of VitalNomad Software. VitalNomad may retain all data collected during the term of this Agreement.

8.4 Sections 4, 5, 6, 7, and 12 of this Agreement shall survive the termination or expiration of this Agreement, regardless of reason.

9. FEES. You acknowledge and agree that you are solely responsible for any fees charged by third parties for the use of any network to send and receive Content in conjunction with the use of VitalNomad Software and the VitalNomad Service.

10. CHANGES. VitalNomad may change this Agreement from time to time. When changes are made, VitalNomad will make an updated copy available to you at https://tempi.fi/eula and such changes shall be effective immediately. You are therefore responsible for regularly reviewing the terms of this Agreement. To continue using VitalNomad Software, you must accept the terms of the updated agreement as set forth above.

11. SUPPORT. Questions regarding VitalNomad Software or the VitalNomad Service may be directed to VitalNomad by email to support@vitalnomad.com.

12. GENERAL LEGAL TERMS. This Agreement will be governed by Massachusetts law, without regard to its conflicts of laws principles. You and VitalNomad agree to submit to the exclusive jurisdiction of the courts located within Boston, Massachusetts to resolve any legal matter arising from this Agreement. This Agreement is the whole agreement between you and VitalNomad and supersedes any prior communications or agreements. If any provision of this Agreement is held invalid, such provision will be modified to the least extent necessary to make such provision enforceable, and the remaining provisions will continue to be valid and enforceable. The failure of VitalNomad to enforce any right or remedy arising out of this Agreement will not constitute a waiver of such right or remedy.

Last modified: Dec 5, 2019