Terms of Use

Last updated: Nov 13, 2021

Acknowledgement

These Terms of Use are between HumanLogic, a sole proprietorship registered in the State of Florida, USA and You (the “End-User”) regarding the Licensed Application (“Local Haze”) and the content available in the licensed application. 

Scope of License

The license granted to the End-User for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any Apple-branded products that the End-User owns or controls and as permitted by the rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing. 

No Warranty 

The Licensed Application is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, HumanLogic, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Licensed Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, HumanLogic provides no warranty or undertaking, and makes no representation of any kind that the Licensed Application will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither HumanLogic nor any of HumanLogic’s providers make any representation or warranty of any kind, express or implied:

  1. as to the operation or availability of the Licensed Application, or the information, content, and materials or products included thereon;
  2. that the Licensed Application will be uninterrupted or error-free;
  3. as to the accuracy, reliability, or currency of any information or content provided through the Licensed Application; or 
  4. that the Licensed Application, its servers, the content, or e-mails sent from or on behalf of HumanLogic are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of HumanLogic and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or USD $25 if You haven’t purchased anything through the Licensed Application.

To the maximum extent permitted by applicable law, in no event shall HumanLogic or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if HumanLogic or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

Limited Liability for Content

You acknowledge that the Content displayed through Local Haze is not our original content, but is exclusively based on the data and other content supplied to us by our Suppliers (the “Supplied Content”). Local Haze does not in any way involve any interpretation of the Supplied Content. The nature of our Services is merely to process the Supplied Content and, where appropriate, interpolate and filter the input data, in order that we can display and visualize it in Local Haze.

With respect to this and the fact that HumanLogic has limited control over the Supplied Content, we accept no responsibility whatsoever for such Supplied Content, as it is displayed or provided by any other means in our Services, especially in terms of its correctness and accuracy, towards you as the Users of our Services and towards any third parties, regardless of the platform or services by which the Supplied Content will be displayed, made accessible or used.

The End-User agrees to comply with applicable third-party terms of our data suppliers including but not limited to PurpleAir, Sensor.Community, AirNow, US Department of State and uRadMonitor.

Intellectual Property Right

HumanLogic and the End-User acknowledge that, in the event of any third party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, HumanLogic, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim. 

Privacy

By using any of the Services or by agreeing to these Terms of Use, You acknowledge and agree to the Local Haze Privacy Policy.

Maintenance and Support

HumanLogic is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in these terms of use or as required under applicable law. HumanLogic and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

Legal Compliance

The End-User represents and warrants that: 

  1. he/she is 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 
  2. he/she is not listed on any U.S. Government list of prohibited or restricted parties. 

Developer Name and Address

HumanLogic is located at 1753 Belleair Forest Dr, Apt F4, Belleair FL 33756-1589 USA, and the contact information to which any End-User questions, complaints or claims with respect to the Licensed Application should be directed to [email protected]

Governing Law

The laws of the State of Flordia, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting HumanLogic at [email protected] or via mail at the address above.

Third-Party Beneficiary

HumanLogic and the End-User acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the EULA, and that, upon the End-User’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the End-User as a third party beneficiary thereof.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the application and the Service.