These Terms of Service ("Terms") govern access to and use of the Dust Network Monitoring System (the "Service"), operated by American Ecotech ("we," "us," or "our"). By logging in and using the Service, you agree to these Terms.
The Service provides authorized users with monitoring access to dust and air-quality sensor stations, including live and historical readings, site status, uploaded reports, and related account tools. It is provided as an operational dashboard, not as a certified regulatory reporting instrument.
Accounts are provisioned by an administrator and are not self-service signup. You are responsible for keeping your credentials confidential and for all activity under your account. Notify us promptly if you suspect unauthorized access. Access is limited to the sites and features your account role permits; attempting to circumvent those limits is prohibited.
You agree not to: probe, scan, or attempt to bypass the Service's security controls; interfere with monitoring stations or the Service's normal operation; use the Service to access data you are not authorized to view; or use the Service for any unlawful purpose.
Sensor readings, status indicators, and reports are provided "as available" and depend on third-party hardware (cellular-linked dataloggers) outside our direct control. Connectivity gaps, sensor faults, or delayed readings can occur. The Service should not be relied upon as the sole basis for safety-critical or regulatory decisions without independent verification.
We aim to keep the Service available but do not guarantee uninterrupted access. Planned maintenance or unplanned outages may occur without advance notice. We may add, change, or remove features of the Service at any time.
We may suspend or terminate an account's access, including for non-payment, suspected unauthorized use, or a violation of these Terms. A suspended account's active sessions are ended immediately and further sign-in is blocked until the account is restored. We may also discontinue the Service entirely with reasonable notice to administrators.
The Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that sensor data will be accurate, complete, or continuously available.
To the maximum extent permitted by law, American Ecotech and its officers, employees, and contractors are not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, revenue, or profits, arising from or relating to use of, or inability to use, the Service, including reliance on sensor data or alerting - even if advised of the possibility of such damages. To the extent liability cannot be excluded, our total liability arising from these Terms or the Service is limited to the amount you paid us for the Service in the 12 months before the claim arose.
You agree to indemnify and hold American Ecotech harmless from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms, your misuse of the Service, or your violation of any law or third-party right.
The Service displays map tiles and other content from third-party providers (e.g. OpenStreetMap) and relays data to/from monitoring hardware and mail providers outside our control. We are not responsible for the availability, accuracy, or content of third-party services.
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Any dispute arising from these Terms or the Service shall be brought exclusively in the state or federal courts located in California, and you consent to personal jurisdiction there.
We are not liable for any failure or delay in performance to the extent caused by circumstances beyond our reasonable control, including natural disasters, internet or cellular network outages, utility failures, or acts of government.
If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect. Our failure to enforce a provision is not a waiver of our right to do so later. You may not assign your rights under these Terms without our consent; we may assign ours in connection with a merger, acquisition, or sale of assets. These Terms are the entire agreement between you and American Ecotech regarding the Service, superseding any prior agreements on the same subject.
We may update these Terms from time to time. Continued use of the Service after an update constitutes acceptance of the revised Terms.
Questions about these Terms can be directed to your American Ecotech account administrator, or alert@americanecotech.com.
This document is a good-faith draft prepared for American Ecotech's operational dashboard and is not a substitute for advice from a licensed attorney. Review by counsel is recommended before this is relied upon as your binding customer agreement, particularly the liability cap, indemnification, and venue terms.