Terrestream Indoor Air Quality Sensor

Terms and Conditions

Effective June 1, 2026 · Version 1.0 · Aerodyne Inc. d/b/a Terrestream

Aerodyne Inc., a Delaware corporation doing business as Terrestream (“ Terrestream ”), provides the Terrestream Indoor Air Quality Sensor and related services. These Terms and Conditions (“ Terms ”) govern Your purchase and use of the Device and the Services. The Privacy Policy in Part II is incorporated by reference and controls over §18 if they conflict.

§0. Conspicuous Notices and Acceptance

READ THESE NOTICES BEFORE USING THE DEVICE OR SERVICES. THEY AFFECT YOUR LEGAL RIGHTS.

0.1 Arbitration and jury trial waiver

YOU AND TERRESTREAM AGREE TO RESOLVE ALL DISPUTES BY BINDING INDIVIDUAL ARBITRATION UNDER THE FEDERAL ARBITRATION ACT, 9 U.S.C. § 1 ET SEQ. YOU WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO HAVE DISPUTES DECIDED BY A JUDGE. SEE §19. Quebec consumers: this arbitration clause does not apply to You; see the Quebec carve-out at §19.11 (Quebec Consumer Protection Act art. 11.1).

0.2 Class, collective, and mass arbitration waiver

YOU MAY BRING CLAIMS AGAINST TERRESTREAM ONLY IN YOUR INDIVIDUAL CAPACITY. YOU WAIVE PARTICIPATION IN ANY CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR MASS ARBITRATION PROCEEDING. SEE §19.6 AND §19.7. Quebec consumers: this class-action waiver does not apply to You; see the Quebec carve-out at §19.11.

0.3 NOT a Life Safety Device

THE TERRESTREAM INDOOR AIR QUALITY SENSOR IS INFORMATIONAL ONLY. IT IS NOT A LIFE SAFETY DEVICE. IT DOES NOT DETECT SMOKE, FIRE, CARBON MONOXIDE, RADON, OR GAS LEAKS, AND IT DOES NOT SUMMON EMERGENCY SERVICES. DO NOT RELY ON IT IN AN EMERGENCY. SEE §4.

0.4 Acceptance by use

You accept these Terms at the earliest of: (a) creation of a Terrestream account; (b) login to the Mobile App or Web Dashboard; (c) Device activation through the Mobile App or Web Dashboard (which includes guided Wi-Fi connection); or (d) continued use of the Device or Services after the effective date of an updated version of these Terms, subject to §20.5. Account creation and onboarding require Your affirmative selection of an on-screen checkbox (clickwrap) presented with a link to the full Terms and Privacy Policy.

0.5 Effective date and version

Effective date: June 1, 2026. Version 1.0. This version supersedes all prior versions and controls in case of conflict with any earlier version.

0.6 30-day arbitration opt-out

You may opt out of §§19.3 to 19.7 by written notice within thirty (30) days after the earlier of (a) Your first Device activation or (b) creation of Your Terrestream account. Send the notice to terrestream.com/contact?dept=arbitration. Opt-out applies only to arbitration; the rest of these Terms still apply. See §19.9 for the full notice requirements.

0.7 Communications consent

United States. You consent under the Electronic Signatures in Global and National Commerce Act (“ E-SIGN Act ”), 15 U.S.C. § 7001 et seq., to receive transactional and contractual notices electronically. You may withdraw consent and request paper copies through terrestream.com/contact?dept=legal. Requirements: a current browser or the Mobile App on iOS 16+ or Android 13+, an active email account, and Internet access.

Canada. Commercial electronic messages are sent only with Your express opt-in under Canada’s Anti-Spam Legislation, S.C. 2010, c. 23 (“ CASL ”). Transactional and existing-relationship messages are delivered under the §6(6) exemption. Sender ID is in §21.10.

Telemetry and diagnostic interception consent. You expressly consent to Terrestream’s collection, transmission, and recording of Telemetry Data, Mobile App and Web Dashboard diagnostic and analytics signals, and crash-reporting data as described in PP §P3 and PP §P4, including for purposes of the California Invasion of Privacy Act, Cal. Penal Code §§ 631 and 632.7; the Massachusetts Wiretap Act, M.G.L. c. 272 § 99; the Pennsylvania Wiretapping and Electronic Surveillance Control Act, 18 Pa. C.S. § 5701 et seq.; and analogous state two-party- consent statutes.

0.8 Plain-language summary

A plain-language summary is posted at terrestream.com/legal/summary (Appendix A). The summary is informational; these Terms control.

§1. Definitions

The following defined terms apply throughout these Terms. The final published document presents the list alphabetically. Defined terms are bolded and quoted on first use within each section.

“AI Outputs”, also called “Derived Metrics”, means algorithmic outputs generated from Telemetry Data or external inputs, including TVOC derivations from the Device’s VOC sensor index, composite air quality index scores, mold-risk indicators, ventilation recommendations, occupancy estimates, trend analyses, and alerts.

“Aggregate Data” and “Deidentified Data” mean Telemetry Data or Personal Information that Terrestream has processed using technical and organizational measures such that re-identification of any individual, household, or specific Device is not reasonably possible. Operational handling, statutory tracking under CCPA/CPRA, Colorado Privacy Act, Connecticut Data Privacy Act, and Oregon Consumer Privacy Act, and Terrestream’s deidentification standard are described in PP §P6.

“AI Training” means the use of Aggregate Data, Deidentified Data, or other lawfully-sourced inputs to develop, train, evaluate, fine-tune, or improve Terrestream’s machine-learning models and AI Outputs, as further described in PP §P6.4 and at terrestream.com/legal/ai-models. AI Training does not use identifiable Personal Information except as expressly disclosed in PP §P4.5 (limited human review).

“Applicable Privacy Law” means each privacy, data protection, security, or breach-notification law that applies to Terrestream’s processing of Personal Information, including applicable US state privacy laws (such as CCPA/CPRA, the Colorado Privacy Act, Connecticut Data Privacy Act, Virginia Consumer Data Protection Act, Oregon Consumer Privacy Act, and other enacted state privacy statutes), Canadian federal and provincial privacy laws (such as PIPEDA, Quebec Law 25, PIPA-BC, and PIPA-AB), and applicable breach-notification statutes. The same term is used in the Commercial-User context in DPA §1.

“Customer Personal Data” has the meaning given in DPA §1. In summary, it is Personal Information that arises in connection with a Commercial User’s deployment of the Device under the DPA and does not include Aggregate Data or Deidentified Data processed under PP §P6 and §18.2.

“Authorized Reseller” means Amazon and any other reseller Terrestream designates. The Terrestream web shop is a direct sales channel and is not a reseller.

“Authorized User” means an individual to whom an account holder grants access to a Device (for example, a family member, employee, or building occupant). The account holder is responsible for the Authorized User’s compliance with these Terms.

“Cloud Services” or “Services” means Terrestream’s hosted infrastructure and software, including AI analytics, the Web Dashboard, the Mobile App, over-the-air Firmware updates, weather and outdoor air quality ingestion, fleet management, the home automation API, push notifications, and data export and sharing.

“Commercial User” means a User who deploys one or more Devices in a commercial, institutional, educational, healthcare, or multi-tenant residential setting.

“Free Tier” means the default level of Cloud Services provided at no charge to every account holder for so long as Terrestream offers the Cloud Services, subject to §8.4, as further described in §8.1 and the current feature matrix at terrestream.com/legal/tier-features.

“Connected Mode” means the Device’s operating state when Wi-Fi is enabled and the Device is transmitting Telemetry Data to the Terrestream Cloud and receiving Cloud Services.

“Sensor” or “Device” means the Terrestream Indoor Air Quality Sensor (and any successor models Terrestream designates), the physical hardware unit only.

“Firmware” means the embedded software on the Device, governed by §3.

“Life Safety Device” means a device certified under NFPA 72, UL 217, UL 2034, CAN/ULC-S531, CAN/CSA-6.19, or an equivalent standard. The Sensor is not a Life Safety Device. See §4.

“Mobile App” means the iOS and Android application Terrestream publishes for the Device. Except for one-time Bluetooth/Wi-Fi provisioning, the Mobile App communicates with the Cloud, not directly with the Device. See §21.9 for app store pass-through terms.

“Open-Source Components” means the open-source libraries embedded in the Firmware, Mobile App, or Web Dashboard, governed by their respective licenses. See §3.5.

“Pro Subscription” or “Pro” means the paid subscription tier that adds the features identified at terrestream.com/legal/tier-features on top of the Free Tier, at the price disclosed at enrollment. See §8.1.

“Pro Trial Period” means the three (3) month period during which a Terrestream account holder receives the features of a Pro Subscription at no charge and without payment information on file, beginning on the first date the Device is activated under any Terrestream account. Each Device serial number is entitled to one (1) Pro Trial Period over the life of the Device, regardless of subsequent ownership transfers under §3.7. See §8.1.

“Personal Information” has the meaning given by applicable privacy law. The operative definition for privacy purposes is in PP §P1.7.

“Residential User” means a User who deploys the Device in a private dwelling for personal, family, or household use.

“Sensitive Personal Information” has the meaning given by applicable privacy law and is described in PP §P2.2.

“Service Provider” means a third-party processor bound by written agreement to use Personal Information only for services performed for Terrestream, as described in PP §P5.2.

“Standalone Mode” means the Device’s operating state when no networking is enabled. In Standalone Mode the Device’s display shows real-time CO2, temperature, humidity, indoor air quality index, VOC index, NOx, and particulate matter readings only; no logging, automation, or app or dashboard interaction occurs.

“Sub-Processor” means a downstream processor engaged by a Service Provider to perform processing on Terrestream’s behalf, as described in PP §P5.2.

“Telemetry Data” means environmental measurements taken by the Device’s sensors (CO2, temperature, humidity, pressure, indoor air quality, VOC, NOx, particulate matter at 1.0/2.5/4.0/10.0 microns, and ambient light), together with timestamps, Device identifiers, and Firmware version metadata.

“Third-Party Platforms” means home automation and integration services such as Apple HomeKit, Google Home, Amazon Alexa, Home Assistant, Samsung SmartThings, and IFTTT, integrated through the Cloud Services API only.

“User”, also “ You ” or “ Your ”, means any individual or entity that purchases, activates, accesses, or uses the Device or Services.

“User Content” means shared dashboards, public exports, social posts, room or zone labels, comments, annotations, and other content You create or transmit through the Services, as further described in §17.

“Web Dashboard” means the browser-accessible Terrestream application. The Web Dashboard communicates with the Cloud and not directly with the Device.

“Data Subject Rights” means the rights of access, deletion, correction, portability, opt-out, limit-use, profiling opt-out, non-discrimination, and appeal, available in accordance with applicable law and exercisable as described in PP §P7.

§2. Acceptance, Eligibility, and General

2.1 Methods of acceptance

You accept these Terms by any of the methods listed in §0.4. The clickwrap requirement and the conditions for acceptance by continued use after an update are governed by §0.4 and §20.5 respectively.

2.2 Age and capacity

You represent that You are at least eighteen (18) years old, or the age of majority in Your jurisdiction of residence if higher, and that You have the legal capacity to enter into a contract.

2.3 Authority to bind an organization

If You accept these Terms on behalf of a corporation, partnership, government agency, school, or other organization, You represent that You have authority to bind that organization. The organization and the individual signatory are jointly and severally liable for compliance, including the acts and omissions of all Authorized Users acting through the organization’s account.

2.4 Entire agreement

These Terms, the Privacy Policy, and any Order Form executed by You and Terrestream are the entire agreement between the parties and supersede all prior marketing, specification sheets, sales communications, and oral statements. No employee or agent of Terrestream may modify these Terms orally; modifications must follow §20.5. No subsequent promotion, sweepstakes, beta program, or special-offer terms modify §19 unless they expressly reference §19 by number, state that they modify it, and provide a new thirty (30) day opt-out window.

2.5 Severability

If any provision is held invalid or unenforceable, it is modified to the minimum extent necessary to make it enforceable while preserving the parties’ intent. If modification is not possible, the provision is severed and the remainder continues in effect.

2.6 Relationship of the parties

These Terms create no partnership, joint venture, agency, franchise, or employment relationship. Neither party may bind the other.

2.7 No third-party reliance; no third-party beneficiaries

These Terms govern the relationship between Terrestream and the User who accepts them. Persons who view Device data, AI Outputs, or any output of the Cloud Services through a User’s Mobile App, Web Dashboard, shared link, screenshot, export, or other surface: including, without limitation, prospective purchasers, real-estate agents and brokers, home inspectors, appraisers, lenders, tenants, building occupants, family members, guests, and contractors, are not parties to these Terms, are not in contractual privity with Terrestream, are not intended third-party beneficiaries of these Terms, and have no rights of reliance against Terrestream arising from the data they view. The User is responsible for managing the reliance of any third party to whom the User shares or displays Device data or AI Outputs.

§3. License, Ownership, Open Source, and Intellectual Property

3.1 License grant

Subject to Your compliance with these Terms, Terrestream grants You a limited, revocable, non-exclusive, non-transferable (except per §3.7), non-sublicensable license to use the “Firmware” installed on Your “Device”, the “Mobile App”, the “Web Dashboard”, and the “Cloud Services” for Your personal or internal business purposes. The license terminates automatically on termination of Your account or these Terms.

3.2 Ownership

The Firmware, AI models and weights, algorithms, cloud infrastructure, application programming interfaces, trade secrets, trademarks, trade dress, documentation, and all other copyrightable or proprietary materials in or associated with the Device and Services remain the exclusive property of Terrestream and its licensors. Purchase of the Device transfers ownership of the physical hardware unit only. No other rights transfer by purchase, account creation, or use.

3.3 Restrictions

You will not, and will not permit a third party to: (a) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, structure, algorithms, or ideas underlying the Firmware or Services, except where applicable law permits this and contract cannot override it; (b) modify, circumvent, or bypass secure boot, code signing, encryption, or any other technical protection; (c) create derivative works of the Firmware or Services; (d) sublicense, rent, lease, lend, or sell the license in §3.1 (a Device transfer under §3.7 is not a sublicense); (e) copy or distribute the Firmware or Services other than as incident to authorized use; or (f) remove or alter proprietary notices. Good-faith security research is permitted under the safe harbor in §16.

3.4 Reservation of rights

All rights in the Firmware, Services, and Terrestream intellectual property not expressly granted in §3.1 are reserved. No license is granted by estoppel, implication, exhaustion, or otherwise.

3.5 Open-Source Components

The Firmware, Mobile App, and Web Dashboard incorporate “Open-Source Components” listed at terrestream.com/legal/open-source (Appendix B). Terrestream selects Open-Source Components governed by permissive licenses (such as Apache 2.0, MIT, BSD, and ISC) and does not knowingly incorporate components under copyleft licenses that would require source-code distribution by Terrestream. Each Open-Source Component is governed by its own license, and where an Open-Source Component license conflicts with §3.3, that license controls as to that component and only to the extent of the conflict; nothing in §3.3 limits any right granted to You under an Open-Source Component license. Terrestream maintains notices and attributions as those licenses require. Terrestream’s proprietary code, AI models and weights, algorithms, and Cloud Services are not Open-Source Components and remain subject to §3.2 and §3.3.

3.6 Trademarks and patents

“Terrestream” and “Terrestream Indoor Air Quality Sensor” are trademarks of Aerodyne Inc. Patent marking is published at terrestream.com/legal/patents and updated as patents issue or expire.

3.7 Device transfer and resale

You may transfer Your Device to a new owner only if You: (a) perform a full factory reset using the procedure in the Device documentation, which clears local data, network credentials, and account associations; and (b) deassociate the Device from Your account, or delete Your account, through the Mobile App or Web Dashboard. The new owner must create a new Terrestream account and accept the then-current Terms before using the Cloud Services.

The Pro Trial Period under §8.1 is per Device serial number and runs only once over the life of the Device. The first account to activate a given Device receives the Pro Trial Period; any subsequent owner who activates the same Device under a new Terrestream account receives the Free Tier and may upgrade to a paid Pro Subscription at the price disclosed at enrollment. The original owner’s paid Pro Subscription (if any) does not transfer with the Device; the original owner’s account remains subject to §8.7. Terrestream is not responsible for failure to complete the factory reset or account deassociation, including exposure of residual data to the new owner. Resale does not convey any intellectual property rights beyond the §3.1 license.

§4. NOT A LIFE SAFETY DEVICE

THIS SECTION IS A MATERIAL TERM. BY USING THE DEVICE OR SERVICES YOU ACCEPT EVERY PROVISION TO THE MAXIMUM EXTENT PERMITTED BY LAW.

4.1 INFORMATIONAL ONLY

THE TERRESTREAM INDOOR AIR QUALITY SENSOR IS INFORMATIONAL ONLY. IT IS NOT A LIFE SAFETY DEVICE.

THE “DEVICE” REPORTS CO2, TEMPERATURE, HUMIDITY, BAROMETRIC PRESSURE, AN IAQ INDEX, A VOC INDEX, NOx, PARTICULATE MATTER (PM 1.0 / 2.5 / 4.0 / 10.0), AND AMBIENT LIGHT FOR AWARENESS AND OPTIMIZATION. NO READING, ALERT, NOTIFICATION, “AI OUTPUT”, DERIVED METRIC, TREND, OR OTHER OUTPUT FROM THE DEVICE OR THE “SERVICES” IS A WARNING THAT A LIFE-THREATENING CONDITION EXISTS OR IS IMMINENT. THE DEVICE INFORMS; IT DOES NOT PROTECT LIFE OR PROPERTY FROM DANGER.

4.2 NON-CERTIFICATION

THE DEVICE IS NOT TESTED, LISTED, CERTIFIED, OR APPROVED UNDER ANY LIFE SAFETY STANDARD, INCLUDING UL 217, UL 2034, NFPA 72 (NATIONAL FIRE ALARM AND SIGNALING CODE), ANY CSFM LISTING, CAN/ULC-S531, CSA 6.19, OR ANY EQUIVALENT STANDARD. THE DEVICE BEARS NO UL, ETL, OR CSA LIFE SAFETY MARK. NO STATEMENT BY ANY EMPLOYEE, RESELLER, OR MARKETING MATERIAL IS A CLAIM THAT THE DEVICE MEETS A “LIFE SAFETY DEVICE” STANDARD; ANY SUCH STATEMENT IS UNAUTHORIZED.

4.3 FUNCTIONS THE DEVICE DOES NOT PERFORM

THE DEVICE CANNOT AND DOES NOT PERFORM ANY OF THE FOLLOWING:

1. SMOKE OR FIRE DETECTION. NO PHOTOELECTRIC OR IONIZATION SMOKE-SENSING ELEMENT.

2. CARBON MONOXIDE (CO) DETECTION. THE DEVICE MEASURES CARBON DIOXIDE (CO2). CO2 AND CO ARE DIFFERENT GASES. NORMAL CO2 READINGS DO NOT INDICATE THE ABSENCE OF LETHAL CO. YOU MUST INSTALL INDEPENDENT CERTIFIED CO ALARMS.

3. RADON DETECTION. NO ALPHA-PARTICLE DETECTOR OR ION CHAMBER.

4. GAS LEAK DETECTION. THE DEVICE CANNOT DETECT NATURAL GAS, PROPANE, METHANE, REFRIGERANTS, OR OTHER COMBUSTIBLE OR TOXIC GASES.

5. EMERGENCY NOTIFICATION OR 911 DISPATCH. THE DEVICE DOES NOT CONTACT 911, ANY PUBLIC SAFETY ANSWERING POINT, FIRE OR POLICE DEPARTMENT, AMBULANCE SERVICE, OR ANY MONITORING CENTER.

6. EVACUATION SIGNALING. NO AUDIBLE OR VISUAL ALARM CERTIFIED TO INITIATE BUILDING EVACUATION.

7. CERTIFIED EMERGENCY BACKUP POWER. NO UPS, BATTERY BACKUP, OR OTHER LIFE-SAFETY-RATED POWER SOURCE.

4.4 POWER AND CONNECTIVITY DEPENDENCIES

THE DEVICE RUNS ON USB-C POWER ONLY AND HAS NO INTERNAL BATTERY. POWER LOSS STOPS THE DEVICE FROM SENSING, DISPLAYING, AND COMMUNICATING IMMEDIATELY AND WITHOUT WARNING. WI-FI OR CLOUD LOSS STOPS ALL CLOUD-DEPENDENT FEATURES (AI OUTPUTS, PUSH NOTIFICATIONS, HISTORICAL LOGGING, HOME AUTOMATION, DATA EXPORT); REAL-TIME READINGS MAY STILL APPEAR ON THE LOCAL DISPLAY IN “STANDALONE MODE” BUT NOTIFICATIONS WILL NOT BE SENT. THESE DEPENDENCIES MAKE THE DEVICE UNSUITABLE FOR ANY APPLICATION GOVERNED BY NFPA 72 OR ANY OTHER CODE THAT REQUIRES CONTINUOUS, SUPERVISED, BACKED-UP MONITORING.

4.5 AFFIRMATIVE OBLIGATION TO MAINTAIN LIFE SAFETY SYSTEMS

YOU AGREE TO INSTALL AND MAINTAIN INDEPENDENT, CODE-COMPLIANT LIFE SAFETY SYSTEMS REQUIRED BY APPLICABLE LAW, INCLUDING SMOKE DETECTORS, CO ALARMS, AND FIRE ALARM SYSTEMS UNDER NFPA 72, THE INTERNATIONAL BUILDING CODE, THE INTERNATIONAL RESIDENTIAL CODE, THE NATIONAL BUILDING CODE OF CANADA, AND APPLICABLE STATE, PROVINCIAL, AND LOCAL AMENDMENTS. YOU AGREE TO TEST, MAINTAIN, AND REPLACE THAT EQUIPMENT PER THE MANUFACTURER’S INSTRUCTIONS AND THE APPLICABLE CODE. THE PURCHASE OR USE OF THE DEVICE DOES NOT REDUCE, REPLACE, OR SUBSTITUTE FOR ANY OBLIGATION TO INSTALL, MAINTAIN, OR OPERATE CERTIFIED LIFE SAFETY EQUIPMENT. USE OF THE DEVICE AS A SUBSTITUTE FOR CERTIFIED LIFE SAFETY EQUIPMENT IS PROHIBITED (see §14.1).

4.6 WAIVER OF RELIANCE

YOU AGREE NEVER TO RELY ON THE DEVICE, ITS READINGS, AI OUTPUTS, OR NOTIFICATIONS FOR AN EMERGENCY DETERMINATION. EXCEPT FOR LIABILITY CARVED OUT UNDER §11.5 (INCLUDING DEATH OR PERSONAL INJURY CAUSED BY TERRESTREAM’S NEGLIGENCE), YOU ASSUME ALL RISKS OF INJURY OR DEATH ARISING FROM YOUR USE OF THE DEVICE, INCLUDING THE RISK THAT THE DEVICE MAY FAIL TO DETECT A HAZARD, MAY READ INACCURATELY, MAY LOSE POWER OR CONNECTIVITY WITHOUT NOTICE, AND MAY FAIL TO DELIVER AN ALERT. THIS WAIVER DOES NOT EXTEND TO LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. YOU AFFIRM THAT YOU HAVE READ THIS §4, THAT YOU UNDERSTAND CO2 (WHICH THE DEVICE MEASURES) AND CO (WHICH THE DEVICE DOES NOT DETECT) ARE DIFFERENT GASES, AND THAT YOU HAVE INDEPENDENTLY ARRANGED CODE-COMPLIANT LIFE SAFETY SYSTEMS.

4.7 Product safety warning program

Terrestream maintains a documented product-safety warning program covering (a) packaging and external labeling, (b) physical Device marking, (c) Mobile App and Web Dashboard persistent UI disclaimers on screens that display composite IAQ status or health-adjacent features, and (d) onboarding affirmative acknowledgments for life-safety-adjacent topics, including the distinction between CO2 (which the Device measures) and CO (which the Device does not detect), and the informational-only nature of any feature that produces health- adjacent indicators. The current program is described at terrestream.com/legal/safety-program and may be updated as product surfaces evolve. AI Outputs may not use unqualified safety language (such as “safe,” “healthy,” or “all clear”) without an accompanying informational-only qualifier.

§5. AI, Algorithmic Outputs, and Derived Metrics

5.1 Probabilistic nature

“AI Outputs” (also called “Derived Metrics” ) are produced by probabilistic statistical and machine-learning models running on “Telemetry Data”, third-party inputs, and historical patterns. They are estimates, not deterministic facts, guaranteed predictions, or certified measurements. Probabilistic models infer; they do not measure. AI Outputs may be wrong, may produce errors sometimes called “hallucinations,” and may be inappropriate for your circumstances. You agree to treat every AI Output as an estimate, not a fact.

5.2 Disclaimer of accuracy and completeness

Terrestream provides AI Outputs “AS IS” and “AS AVAILABLE” and disclaims every express and implied warranty that AI Outputs are accurate, complete, current, reliable, or free from error, or that they will be uninterrupted, timely, or fit for any particular purpose. This disclaimer supplements §10.2.

5.3 Specific Derived Metrics

You acknowledge the following limits.

1. TVOC concentrations. Total volatile organic compound values shown by the “Device” or the “Services” are derived algorithmically from the Device’s VOC sensor index. They are algorithmic approximations, not direct chemical measurements as obtained by gas chromatography-mass spectrometry or another reference analytical method.

2. Composite indices and qualitative labels. Composite air quality index scores, ventilation recommendations, occupancy estimates, trend analyses, and qualitative labels (such as “Good,” “Moderate,” “Poor,” or “Hazardous”) are model outputs from Terrestream’s proprietary methodology. Different methodologies applied to the same raw data could produce materially different results. These outputs are subject to assumption error and to the sensor drift addressed in §6.2.

3. Mold-risk indicator. The mold-risk indicator is inferred from humidity, temperature, and VOC patterns. It is not a mold detector. The Device cannot detect mold spores, mycotoxins, hidden moisture, or concealed colonies. A “Low” mold-risk reading is not evidence that mold is absent from a space. If You suspect mold, engage a qualified environmental professional for inspection and laboratory testing.

4. External inputs. AI Outputs that incorporate weather data, outdoor air quality, or other third-party inputs depend on sources outside Terrestream’s control. Those sources may be inaccurate, delayed, incomplete, or unavailable, and the accuracy of any AI Output that uses them is bounded by the quality of those inputs.

5. Outdoor-hazard events; no instruction to act. Ventilation recommendations and similar AI Outputs are informational estimates conditional on the freshness, accuracy, and availability of third-party outdoor data, and on the absence of any official advisory to the contrary. No AI Output is an instruction to ventilate, open windows, admit outdoor air, operate HVAC, shelter in place, or evacuate. During wildfire smoke, industrial release, ozone events, pesticide application, traffic plumes, or other outdoor hazard events, You must consult official advisories and must not rely on Device readings or AI Outputs for any of those decisions.

6. Variation across deployment contexts. AI Outputs are produced by probabilistic statistical and machine-learning models trained on representative-but-finite datasets. Accuracy, reliability, and the actionability of inferences may vary across building types (single-family, multifamily, commercial, institutional), occupant populations, geographies, climates, seasons, ventilation and HVAC configurations, and altitudes. Terrestream does not represent that AI Outputs perform uniformly across all deployment contexts, and the Device’s suitability for any particular context is the User’s responsibility to evaluate under §5.5.

5.4 Not professional advice

AI Outputs do NOT constitute, and you must NOT rely on AI Outputs as, any of the following:

1. medical or health advice, diagnosis, or treatment;

2. occupational health assessments or industrial-hygiene evaluations;

3. HVAC engineering recommendations, designs, or specifications;

4. legal advice or regulatory-compliance determinations;

5. real estate appraisals, property valuations, or investment advice; or

6. cognitive performance, academic achievement, learning-environment optimization, or any educational outcome or opportunity; or

7. monitoring, diagnosis, prediction, prevention, treatment, or management of asthma, respiratory distress, COPD, allergic reaction, cardiovascular condition, immune condition, sleep disorder, or any other medical or health condition; or

8. decisions about a person’s behavior, presence, routines, occupancy patterns, smoking or cooking habits, sleep patterns, pet care, or aging-in-place care, including any employment, housing, education, custody, discipline, eligibility, benefits, or care decision derived from such inferences; or

9. detection, screening, or ruling-out of mold, mold spores, mycotoxins, hidden moisture, or concealed mold colonies.

This list is illustrative and not exhaustive; AI Outputs are not professional advice for any decision that would ordinarily require professional judgment or certified instrumentation. Device readings, AI Outputs, dashboards, history, annual letters, screenshots, exports, and shared links are consumer-grade informational outputs and are not suitable for use as evidence or as the basis for decisions in lease, school, workplace, medical, legal, real-estate, regulatory, or certification contexts without independent validation by a qualified professional and reference-grade instrumentation appropriate to the decision. You assume all risk for any decision made in reliance on an AI Output without independent professional review.

5.5 Human-expert review requirement

Before any operational, safety, compliance, health, or financial decision based on Device data or AI Outputs, you will obtain independent review by a qualified professional appropriate to the decision, for example, a certified industrial hygienist, a licensed HVAC engineer, a licensed medical professional, or licensed legal counsel. Terrestream has no liability for any decision made without that review. For a “Commercial User” this requirement is mandatory and non-discretionary; for a “Residential User” it applies before any significant remediation, HVAC modification, or health-related action.

5.6 Automated decision-making notice

AI Outputs are informational only. Terrestream does not use AI Outputs as a substantial factor in, or as the basis for, consequential decisions about credit, employment, housing, healthcare, education, or government services, and AI Outputs do not produce legal or similarly significant effects about You. Where applicable law gives you a right to be informed about the Personal Information and principal factors used to generate an AI Output, or a right to object to profiling: including under Quebec Law 25 (Act Respecting the Protection of Personal Information in the Private Sector), CQLR c. P-39.1, § 12.1, the Colorado Privacy Act, C.R.S. § 6-1-1301 et seq., the Connecticut Data Privacy Act, Conn. Gen. Stat. § 42-515 et seq., and the Oregon Consumer Privacy Act, ORS § 646A.570 et seq., you may exercise that right per PP §P6.5. Use of an AI Output as input to a regulated consequential decision is your responsibility.

5.7 Symptoms and external indicators override Device status

A “good,” “normal,” or low-risk reading does not mean a space is safe. Symptoms, odors, visible smoke or particulate, unusual sounds, official advisories, and the activation of independent life-safety devices (smoke alarm, CO alarm, fire alarm, gas-leak detector) override Device status; You should respond to those signals without regard to what the Device or any AI Output shows. The Device does not detect every hazard, and the absence of a Device alert is not evidence of safety.

§6. Sensor Accuracy, Drift, and Calibration

6.1 Published specifications

Sensor accuracy, range, resolution, response time, and operating conditions are in Appendix C and are incorporated by reference. Published specifications reflect manufacturer performance under controlled laboratory conditions. Real-world performance may differ because of ambient temperature, humidity, interfering gases or particulates, sensor placement, airflow, altitude, and similar factors.

6.2 Expected drift

All environmental sensors degrade over time. The Device’s photoacoustic CO2 sensor is subject to baseline drift; the on-board automatic self-calibration depends on periodic exposure to outdoor-equivalent CO2, and deployments never ventilated to outside air may drift faster than the algorithm can correct. The Device’s optical particulate matter sensor is subject to optical-surface contamination, laser-diode aging, and intake fouling, and degrades faster in environments with heavy cooking aerosols or tobacco or cannabis smoke. Significant drift is expected after approximately five years of continuous operation, and metal-oxide gas sensors (VOC, NOx) typically degrade earlier. Sensors may also fail abruptly and produce readings that do not reflect actual conditions, including readings that falsely indicate normal conditions when conditions are hazardous; no diagnostic indicator catches every failure mode. Terrestream does not warrant accuracy beyond the intervals in Appendix C. Drift is normal and is not a defect under the limited hardware warranty in §10.1.

6.3 User responsibility

You are solely responsible for (a) periodic verification against known references or co-located reference-grade instruments, (b) recalibration per the Device documentation and any Firmware release notes, and (c) replacement or decommissioning when accuracy falls below the threshold acceptable for your application. Terrestream does not set that threshold; you do, informed where appropriate by the human-expert review in §5.5. Terrestream has no liability for inaccurate readings resulting from your failure to verify, recalibrate, or replace the Device when due.

6.4 Not reference-grade

The Device is a consumer-grade sensor suitable for residential and commercial awareness and general informational insights. It is not a reference-grade, laboratory-grade, or regulatory-grade instrument. Device data must not be the sole basis for any decision that would ordinarily require reference-grade instrumentation, including occupational health assessments, regulatory compliance, legal proceedings, or real estate transactions. This subsection supplements §7.3.

6.5 Indoor band labels and US EPA AQI

The Device and Services display six color-coded band labels (“Good,” “Moderate,” “Unhealthy for Sensitive Groups,” “Unhealthy,” “Very Unhealthy,” and “Hazardous”) borrowed from the visual language of the United States Environmental Protection Agency Air Quality Index (“ EPA AQI ”) and applied to indoor measurements per Terrestream’s interpretation of comparable thresholds. The EPA AQI is a US federal OUTDOOR ambient air-quality categorization system. The EPA does not regulate, certify, or publish an equivalent indoor AQI category system. Terrestream’s indoor band labels are NOT an EPA-issued, EPA-regulated, or EPA-certified indoor air-quality rating; NOT a regulatory determination of indoor air quality; and NOT a medical or health diagnosis. The Device is informational only (§4), does not constitute medical, occupational-health, industrial-hygiene, or regulatory advice (§5.4), and does not diagnose, treat, mitigate, or prevent any disease or health condition.

§7. Commercial Use and Regulatory Alignment

7.1 Building standards: third-party component statements and device-level accreditation

Third-party sensor components. The Device incorporates third-party environmental-sensor components manufactured by Sensirion AG (“ Sensirion ”), Robert Bosch GmbH (“ Bosch ”), and Texas Instruments Incorporated (“ Texas Instruments ”). Particulate-matter (PM 1.0, PM 2.5, PM 4.0, PM 10), volatile-organic-compound (VOC index), nitrogen-oxide (NOx index), temperature, relative-humidity, and (depending on product configuration) carbon-dioxide measurement use the Sensirion SEN66 environmental sensor node, installed in every Device. Where installed in a specific product configuration, dedicated high-accuracy carbon-dioxide measurement is provided by the Sensirion SCD43 photoacoustic sensor; configurations that include the SCD43 are identified at terrestream.com/legal/sensor-compliance. Barometric-pressure measurement uses the Bosch BMP390L sensor. Ambient-light (illuminance) measurement uses the Texas Instruments OPT3001 ambient light sensor, installed in every Device. Component identification is updated on bill-of-materials change at terrestream.com/legal/sensor-compliance.

Component-manufacturer statements about building standards. The statements below are made by the component manufacturer on its public product documentation and are reproduced here for User reference only. Each statement is verifiable at the source URL.

Sensirion SEN66 (installed in every Device). Sensirion publishes: “Applications requiring compliance with IAQ standards – such as RESET®, WELL Building Standard™ and California Title 24 Building Energy Efficiency Standards – are well served by the SEN66.” Source: Sensirion AG, SEN66 product page, sensirion.com/products/catalog/SEN66. Sensirion further publishes the SEN6x Datasheet and the SEN6x Sensor Specification Statement (Sensirion, January 2026), available at sensirion.com/products/catalog/SEN66 under “Downloads.”

Sensirion SCD43 (installed only in product configurations identified at terrestream.com/legal/sensor-compliance). Where the SCD43 is installed, Sensirion publishes that the SCD43 offers “compatibility with the most stringent building standards, including ANSI/ASHRAE 62.1-2022 Draft Addendum d, California Title 24, RESET® grade B and WELL Building Standard™ (WELL v2).” Source: Sensirion AG, SCD43 product page, sensirion.com/products/catalog/SCD43. Sensirion further publishes the SCD4x Datasheet, the SCD4x Design-in Guide, and the SCD4x Testing Guide, available at sensirion.com/products/catalog/SCD43 under “Downloads.”

Bosch BMP390L (installed in every Device). Bosch Sensortec publishes the BMP390 / BMP390L Datasheet at bosch-sensortec.com/products/environmental-sensors/pressure-sensors/bmp390. Barometric pressure is not a parameter governed by RESET® Air, the WELL Building Standard™, ANSI/ASHRAE 62.1, California Title 24, or LEED Indoor Environmental Quality credits; Bosch publishes no indoor-air-quality building-standard compatibility statement for the BMP390L, and none is reproduced here.

Texas Instruments OPT3001 (installed in every Device). Texas Instruments publishes the OPT3001 Ambient Light Sensor Datasheet at ti.com/product/OPT3001. Ambient illuminance is not a parameter governed by RESET® Air, the WELL Building Standard™, ANSI/ASHRAE 62.1, California Title 24, or LEED Indoor Environmental Quality credits; Texas Instruments publishes no indoor-air-quality building-standard compatibility statement for the OPT3001, and none is reproduced here.

Terrestream makes no independent representation. The statements quoted above are statements of the component manufacturer. Terrestream incorporates the identified components into the Device but does not independently test, certify, audit, or verify the component manufacturer’s published statements about its components, and makes no independent representation that the components, as integrated into the Device or under real-world deployment conditions, retain or replicate the characteristics described by the manufacturer. The component manufacturer is responsible for the accuracy of its own published statements about its components. The User may independently verify any quoted statement against the manufacturer’s then-current public documentation at the cited URL. Terrestream’s representations concerning the Device’s accuracy are limited to the Device-level specifications published in Appendix C and the drift, calibration, and user-responsibility provisions of §6.

Device-level accreditation is separate from component-level statements. RESET® Air, the WELL Building Standard™, LEED, Fitwel, BREEAM, and similar programs accredit complete indoor air quality monitors as systems, not the component sensors used inside them. Device-level accreditation depends on the Device’s data pipeline, calibration program, placement, signaling, audit posture, and other factors in addition to component performance. Component-manufacturer statements quoted in this §7.1 do not constitute device-level accreditation of the Device. The current device-level accreditation status of the Device, if any, is published at terrestream.com/legal/accreditation. Any reference in Terrestream’s marketing, documentation, “Mobile App”, “Web Dashboard”, or Services to a building-performance standard for which the Device has not been accredited at the device level is informational alignment only.

No extrinsic representation; non-reliance. You acknowledge that no statement, specification, or representation made in marketing materials, datasheets, retailer listings, trade-show or sales presentations, press releases, demonstrations, or third-party publications forms part of these Terms or creates any warranty, certification, suitability, or compliance representation beyond those expressly stated in these Terms. You are not entering into these Terms in reliance on any such extrinsic representation, and any conflict between an extrinsic representation and these Terms is resolved in favor of these Terms (see §2.4).

7.2 No warranty of certification suitability

Terrestream does not warrant that use of the Device or its data will result in certification credits, points, prerequisites, or compliance status under any building, workplace, environmental, wellness, or similar certification program. Certification bodies and regulators set their own requirements for device accreditation, placement, calibration, data quality, chain of custody, and audit evidence. Component statements quoted in §7.1 do not establish device-level certification. The Commercial User is solely responsible for verifying, with the relevant program and qualified consultants, whether the Device and deployment meet the requirements of any certification or compliance use.

7.3 Regulatory monitoring: not applicable to the Device

The Device is indoor instrumentation. The Device is consumer- and commercial-grade indoor air-quality instrumentation, not certified regulatory instrumentation. Device data and AI Outputs are not suitable for regulatory submissions, enforcement filings, citizen-suit pleadings, or evidentiary submissions requiring certified or reference-grade monitoring without independent validation by qualified professionals using instrumentation accepted for that purpose. Any such use is at your sole risk.

7.4 No warranty of regulatory compliance

The Device does not ensure or demonstrate compliance with any federal, state, provincial, or local regulatory requirement, including workplace exposure, building-performance, environmental, health, safety, or energy-performance frameworks. The Commercial User must independently verify that its monitoring practices, instruments, and data quality meet every applicable requirement. Reliance on the Device as the sole basis for compliance is at the Commercial User’s risk and creates no liability for Terrestream.

7.5 Data dissemination compliance

Some jurisdictions restrict publication or use of air-quality data from non-certified monitors. You are solely responsible for determining whether your publication, sharing, or dissemination of Device data or AI Outputs, including via Mobile App sharing, data export, public dashboard links, or any third-party platform, complies with every applicable data-dissemination law. Terrestream disclaims all liability for fines, penalties, civil judgments, or other actions arising from your dissemination, and your dissemination triggers your indemnification under §12. Commercial Users are warned that Telemetry Data and Derived Metrics produced by the Device are generated using proprietary algorithms and methodologies that are not certified as regulatory reference methods. Terrestream makes no representation that Device data will be accepted in any legal, regulatory, or administrative proceeding. Determinations of admissibility, weight, and sufficiency are reserved to the relevant tribunal.

7.6 BMS integration and demand-controlled ventilation

The Commercial User is solely responsible for integration of Device data with any Building Management System, building automation system, or other automated control infrastructure. Any use of Device data for demand-controlled ventilation, energy optimization, or automated HVAC control must be independently validated against instrumentation and professional standards appropriate for the deployment. The Device is not designed or warranted as the sole sensor input for a demand-controlled ventilation system. Terrestream disclaims all liability for HVAC performance, energy consumption, occupant comfort, indoor air quality outcomes, or equipment damage arising from BMS integration, whether caused by sensor inaccuracy, data latency, connectivity loss, or any other factor. This subsection supplements §9.

7.7 Multi-tenant and landlord-tenant deployments

If you deploy the Device in spaces occupied by tenants, employees, students, patients, visitors, or other third parties, you are solely responsible for (a) adequate notice of the Device’s presence and capabilities, including a statement that the Device is informational and is not a Life Safety Device; (b) every consent required by applicable landlord-tenant, employment, accessibility, and privacy law; (c) compliance with the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., Section 508 of the Rehabilitation Act, 29 U.S.C. § 794d, the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11, and analogous accessibility laws; and (d) compliance with your lease, occupancy, or employment agreements. Terrestream disclaims all liability for occupant claims arising from your deployment, including claims for invasion of privacy, indoor air quality, or non-disclosure, and such claims trigger your indemnification under §12.

7.8 Waiver of consequential commercial damages

To the maximum extent permitted by law, Terrestream is not liable for commercial damages including loss of building certifications, certification points, or eligibility; loss of green-building tax incentives, rebates, or credits; lost profits, revenue, or business opportunities; lost productivity or business interruption; sick-building-syndrome or indoor-air-quality claims by occupants; regulatory fines, penalties, enforcement actions, or remediation costs; loss of tenant revenue, lease value, or occupancy; and other indirect, incidental, consequential, special, exemplary, or punitive damages, regardless of theory. The full enumeration and the cap that controls all of the above are in §11.3 and §11.1.

7.9 Data processing addenda for Commercial Users

Standard Data Processing Agreement. Terrestream maintains a standard Data Processing Agreement at terrestream.com/legal/dpa, which a Commercial User may execute by countersignature. The standard DPA sets Terrestream as a processor (or Service Provider) for the Commercial User’s Personal Information processed through the Cloud Services and covers processing instructions, confidentiality, security measures, sub-processors, data subject requests, breach notification, audit cooperation, return or deletion of data on termination, and applicable cross-border transfer mechanisms.

Regulated-sector addenda. Commercial Users that require additional terms for regulated health, education, Quebec-specific written mandates, or other regulated-sector deployments must request a separately executed addendum. The standard DPA includes a Quebec Law 25 written-mandate schedule only. Health, education, and other regulated-sector terms are not in force unless signed separately by Terrestream. Until the applicable agreement is signed by Terrestream, deployment in any setting requiring such an agreement is at the Commercial User ’s risk and remains subject to §§7.7 and 12.

§8. Subscriptions and Renewals

8.1 Tiers, Pro Trial, and pricing

Three operating states. The Device operates in one of three states:

1. Standalone Mode. Wi-Fi disabled. The Device’s integrated display shows real-time readings. No logging, no Cloud Services, no app or dashboard interaction. Standalone Mode operates without any account or subscription and at no charge for the life of the Device.

2. Connected (Free Tier). Wi-Fi enabled and the account is in good standing. Terrestream offers the Free Tier at no charge as currently described in the feature matrix at terrestream.com/legal/tier-features. Free Tier features may change subject to §8.4 and §20.5, and Cloud Services availability generally is subject to §8.4.

3. Connected (Pro Subscription). Wi-Fi enabled, account in good standing, and an active Pro Subscription. The Pro Subscription adds the features identified in the current feature matrix at terrestream.com/legal/tier-features on top of the Free Tier.

Pro Trial Period. The first Terrestream account to activate a given Device receives a three (3) month Pro Trial Period beginning on the activation date. No payment information is collected, and the trial does not auto-convert to a paid Pro Subscription. At the end of the Pro Trial Period the account automatically falls back to the Free Tier; cloud-stored data, history, and connected functionality remain available subject to the Free Tier feature set. You may upgrade to a paid Pro Subscription at any time during or after the trial. Each Device serial number is entitled to one (1) Pro Trial Period over the life of the Device. A Device transfer under §3.7 does not start a new Pro Trial Period; the new owner activates the Device under a new account in the Free Tier and may upgrade to a paid Pro Subscription at the price disclosed at enrollment.

Pro Subscription pricing. The Pro Subscription is offered at the price disclosed at enrollment. Pricing may vary by region and currency and may change with notice in accordance with §8.2.

Reserved tier features (Free Tier floor). The ability to exercise every Data Subject Right described in PP §P7 and the ability to delete Your account remain available to active account holders at no charge regardless of any change to the feature matrix, and may not be moved to the Pro Subscription. All other features of the Free Tier and Pro Subscription may be added, modified, retired, or migrated between tiers in accordance with §8.4 and §20.5.

8.2 Auto-renewal compliance

The Pro Trial Period does not auto-convert to a paid Pro Subscription; no payment information is collected during the trial. Enrollment in a paid Pro Subscription requires Your affirmative consent, separate from acceptance of these Terms. Terrestream complies with the California Automatic Renewal Law, Cal. Bus. & Prof. Code § 17600 et seq. (“ARL”); NY GBL § 527-a; OR ORS 646A.295; VT 9 V.S.A. § 2454a; DC Code § 28-3904(ff); IL 815 ILCS 601; and analogous state laws. A stricter statutory standard controls.

Terrestream’s practices are:

1. Pro Trial Period, informational notice only. Because the trial does not auto-convert to a paid plan, Terrestream sends an in-app and email notice at least seven (7) days before the Pro Trial Period ends, informing You that the trial is ending, that the account will fall back to the Free Tier at no charge, and how to upgrade to a paid Pro Subscription if You wish. No charge is initiated by the end of the trial.

2. Clear and conspicuous pre-checkout disclosure. If You upgrade to a paid Pro Subscription, before payment Terrestream displays the recurring charge, renewal frequency, renewal price, cancellation method, and any free-trial-to-paid conversion (if a promotional trial that does convert is later offered) with the prominence required by the ARL and equivalent state statutes.

3. Post-enrollment acknowledgment in retainable form. Immediately after enrollment in a paid Pro Subscription, Terrestream emails a confirmation, retainable, printable, saved to Your account, repeating plan, price, billing frequency, auto-renewal terms, cancellation policy, and cancellation steps.

4. Renewal reminders. For each annual Pro Subscription renewal, Terrestream sends an advance reminder by email and in-app within the window required by applicable consumer-protection law, and in any event no fewer than fifteen (15) days before the renewal, disclosing the renewal date, price, and how to cancel. For Quebec consumers, the reminder is sent in the window between the ninetieth (90th) and sixtieth (60th) day before the renewal date, as required by art. 214.4 of the Quebec Consumer Protection Act, CQLR c. P-40.1. For monthly Pro Subscriptions, renewal reminders are not required by ARL or analogous laws and are not provided by default; however, You may opt in to monthly renewal reminders in account settings.

5. Easy online cancellation. You may cancel at any time through the same channel used to enroll. Web-shop enrollments cancel in the Web Dashboard; Mobile App in-app purchases cancel through the Apple App Store or Google Play subscription manager (Terrestream cannot cancel store-managed subscriptions). Terrestream provides a dedicated ‘Click-to-Cancel’ control prominently located within the Web Dashboard. Cancellation takes effect at the end of the current billing cycle, and Your account falls back to the Free Tier without loss of access to cloud-stored data; the Pro features cease at the start of the next billing cycle.

Material changes to Pro Subscription pricing or auto-renewal terms require renewed affirmative consent (§20.5). Material reductions in the Free Tier feature set are governed by §8.4 and §20.5.

Quebec consumers — renewal to indeterminate term. For Quebec residents, where the initial Pro Subscription term is a fixed term of more than sixty (60) days (for example, an annual term), auto-renewal at the end of that fixed term creates an indeterminate-term contract (renewing on a month-to-month basis) in accordance with arts. 214.1 to 214.13 of the Quebec Consumer Protection Act, CQLR c. P-40.1, rather than another fixed term. You may cancel the indeterminate-term Pro Subscription at any time without penalty using the ‘Click-to-Cancel’ control in the Web Dashboard or by contacting Customer Support per §22.3. Cancellation takes effect at the end of the then-current monthly billing cycle.

Mid-term protection for paid Pro Subscribers. Once You have paid for a billing cycle of a Pro Subscription, Terrestream will not make a material adverse change to the Pro Subscription feature set for Your account before the end of that billing cycle, except where the change is reasonably required (a) to comply with applicable law, court order, or regulatory requirement; (b) to address security, privacy, or firmware-integrity risk under §13 or §15; (c) to avoid service disruption to other Users; (d) due to a third-party infrastructure failure outside Terrestream’s reasonable control; or (e) due to a force-majeure event under §21.1. This protection runs to the paid term only and does not extend the Pro Trial Period.

8.3 Payments and taxes

Payment processors are Amazon (Amazon-channel), Stripe (web-shop direct), and the Apple App Store or Google Play (in-app). Terrestream does not store full card numbers. Fees exclude taxes; you are responsible for applicable US state and local sales tax and Canadian GST, HST, QST, and PST, except for taxes on Terrestream’s net income.

If a payment fails, Terrestream gives notice and a seven (7) day cure period for a first failure before suspending Cloud Services. If you initiate a chargeback for a fee properly charged, Terrestream may immediately suspend Cloud Services; a pattern of chargebacks may result in account termination. Contact customer support (§22.3) before initiating a chargeback.

8.4 Service availability, end-of-life, and no SLA

Terrestream may modify, suspend, or discontinue any Services with reasonable notice where practicable, and immediately to address a security threat, a court or regulatory order, or a third-party infrastructure failure. End-of-Sale and End-of-Life schedules are at terrestream.com/legal/eol (Appendix D); on End-of-Life, the Device reverts to Standalone Mode.

Tier-feature changes. Terrestream may add features to either the Free Tier or the Pro Subscription, retire features from either tier, move features between tiers, change Pro Subscription pricing or trial duration on a going-forward basis, or otherwise revise the current feature matrix at terrestream.com/legal/tier-features. Additions and non-material adjustments take effect on posting with reasonable notice where practicable. Material reductions in the Free Tier, meaning the removal from the Free Tier of a feature that a typical residential User would consider central to the product’s value, require thirty (30) days’ advance notice under §20.5 and Your affirmative re-acceptance to continue receiving Cloud Services. If You decline re-acceptance, the change takes effect at the end of the notice period under the standard §20.5 mechanism and §8.7 governs the data-handling consequences. Material reductions to the reserved Free Tier features identified in §8.1 are not permitted under this subsection and would require renewed affirmative consent under §20.5 in any event. Material changes to Pro Subscription pricing or auto-renewal terms are governed by §8.2.

Grandfathering on Free-to-Pro feature migrations. When a feature is moved from the Free Tier to the Pro Subscription under this §8.4, accounts that first activated a Device under that Terrestream account before the public announcement date of the change will continue to receive that feature in the Free Tier for twelve (12) months from the effective date of the change, provided the account remains in good standing and has not been terminated under §20.1 or designated dormant under §8.6. This grandfathering is per-account; it does not transfer with a Device under §3.7, and a new account created by a subsequent owner takes the Device under the then-current tier terms. Grandfathering applies in addition to (and does not replace) the thirty (30) day notice and re-acceptance rights set out above. This grandfathering does not apply to additions to either tier, to retirements that affect all tiers equally, or to non-material adjustments. After the twelve- month grandfathering window expires, the feature is available only under an active Pro Subscription.

Planned shutdown or solvent wind-down. If Terrestream elects to discontinue the Cloud Services while solvent: including through End-of-Life under this §8.4 or an acquisition where the acquirer elects not to continue the Services, Terrestream will use commercially reasonable efforts to provide at least thirty (30) days’ advance notice by email and in-app, maintain a Telemetry Data and account-records export window for a reasonable period after the effective cessation date, and issue pro-rata refunds of unused prepaid Pro Subscription fees through the original payment channel.

Insolvency. If Terrestream becomes insolvent or seeks protection under bankruptcy or insolvency law, the Cloud Services may cease without the advance notice or export window described above. Where feasible and consistent with applicable insolvency law, Terrestream will use reasonable efforts to provide a thirty (30) day Telemetry Data export window and to coordinate refunds of unused prepaid Pro Subscription fees through the relevant insolvency proceeding; these efforts are subordinate to creditor priority and other statutory requirements. Your rights as a creditor under 11 U.S.C. § 365, the Bankruptcy and Insolvency Act (Canada), R.S.C. 1985, c. B-3, the Companies’ Creditors Arrangement Act, R.S.C. 1985, c. C-36, and analogous state-consumer-protection statutes are preserved.

Cloud Services depend on third-party infrastructure (AWS, weather and outdoor AQI feeds, ISPs, DNS, CDNs, app stores, Apple Push Notification service, Firebase Cloud Messaging); Terrestream is not liable for their failures. Terrestream may impose reasonable usage and rate limits and storage caps, and throttle, suspend, or terminate accounts that exceed them.

No SLA, no uptime commitment, no service credits. Cloud Services are provided “AS IS” and “AS AVAILABLE.” Any commercial service-level agreement must be in a separate written agreement that expressly references this section.

8.5 Hardware returns and DOA

Returns depend on the purchase channel. The hardware warranty under §10 applies regardless.

1. Amazon purchases. Governed by Amazon’s then-current return and refund policy. Submit claims through your Amazon account; Terrestream does not process Amazon-channel refunds.

2. Web-shop direct purchases. Return an unused, undamaged Device in original packaging within thirty (30) days of delivery for a buyer’s-remorse refund, excluding original outbound shipping (non-refundable). You pay return shipping.

3. Dead-on-arrival (both channels). If a Device fails to power on or pass its factory self-test within fourteen (14) days of delivery, Terrestream provides a free replacement with prepaid return shipping. Open a support request at terrestream.com/contact?dept=support with your order number for an RMA.

4. Restocking fee. Opened, non-defective web-shop returns may incur a restocking fee of up to fifteen percent (15%) where state or provincial law permits. No restocking fee applies to DOA returns or returns required by mandatory consumer law.

5. Other Authorized Resellers. Their return policy applies; the hardware warranty (§10.1) is independent.

6. Provincial cooling-off rights. The Quebec Consumer Protection Act, CQLR c. P-40.1, and the Ontario Consumer Protection Act, 2002, S.O. 2002, c. 30, prevail where they grant stricter rights.

8.6 Account inactivity and dormancy

If you do not log into the Web Dashboard or Mobile App and the Device transmits no Telemetry Data for twenty-four (24) consecutive months, Terrestream will designate the account dormant after sixty (60) days’ written notice to your account email, then delete cloud-stored Telemetry Data and account data per §8.7. Prepaid balances are handled per state escheat and unclaimed-property laws, including the New York Abandoned Property Law, N.Y. Aban. Prop. Law § 100 et seq.

8.7 Effect of non-renewal, termination, or cessation

The effect of a change to Your subscription status depends on the type of change.

1. Pro Subscription cancellation, non-renewal, or trial expiry. Your account falls back to the Free Tier on the effective date. Pro-tier features cease; cloud-stored data, history, and Free Tier features remain available with no interruption. No Standalone Mode reversion occurs. Refunds, where owed, are governed by §20.3 (and the Quebec consumer carve-out in §20.3 applies to annual Pro Subscriptions cancelled mid-term by Quebec residents).

2. Account deletion by You. All Cloud Services cease and the Device reverts to Standalone Mode. Historical Telemetry Data remains downloadable through the Web Dashboard for thirty (30) days from the date of deletion; Terrestream uses reasonable efforts to maintain availability during this window. After thirty (30) days Terrestream removes the Telemetry Data and associated account records from active Cloud Services, and the data is permanently and irreversibly deleted from encrypted backups as backup rotations cycle through (up to ninety (90) days; see PP §P11). Aggregate Data survives under the license in T&C §18.2 and PP §P6.

3. Termination by Terrestream under §20.1. Same data-retention rule as account deletion above.

4. End-of-Life of the Cloud Services or insolvency (§8.4). The Device reverts to Standalone Mode for all accounts. Telemetry Data export remains available for thirty (30) days after the effective cessation date where reasonably practicable; if Terrestream is insolvent or the Cloud Services have ceased entirely, export availability is not guaranteed and creditor rights under 11 U.S.C. § 365, the Bankruptcy and Insolvency Act (Canada), and the Companies’ Creditors Arrangement Act apply.

5. Decline of a material Free Tier reduction (§8.4). If You decline to re-accept a material Free Tier reduction under §8.4, the reduction takes effect at the end of the §20.5 notice period; any data-export window and retention rules then in effect under this §8.7 govern Your data.

8.8 Family Circle (Pro feature)

The Pro Subscription includes a Family Circle feature that allows the account owner to grant up to six (6) other individuals access to the home dashboards and notifications associated with the owner’s account.

Roles and permissions. The account owner (or a co-owner the account owner designates) controls all Family Circle membership and permissions. Roles include Owner, Co-owner, Family Member, Guest, and Aging-in-Place Dependent, with permission levels described in the Mobile App and Web Dashboard. The Owner remains the sole point of accountability for the account under §2.3 and §13, and is the privacy controller of all data associated with the account under PP §P1.

Data visibility scope. All Family Circle members see the same room- and home-level state output (Telemetry Data, AI Outputs, and the room-and-home dashboards). Family Circle members do not see per-occupant or per-member inferences about each other. Where Pro features such as the Wellbeing lens or Sleep-stage IAQ correlation involve member-specific configuration, those settings and the resulting inferences are scoped to the member who configured them and are not exposed to other Family Circle members.

Adding members. The account owner is responsible for obtaining each prospective member’s affirmative, informed consent before adding them. By adding a Family Member, the account owner represents that the member has consented to (a) being added to the Family Circle and receiving the data described above, (b) the collection of environmental data from the spaces the member occupies, and (c) the generation of any member-specific inferences enabled by Pro features (such as Wellbeing lens or Sleep-stage IAQ correlation) where applicable. This consent is intended to satisfy any applicable two-party-consent or wiretap statutes governing the monitoring or recording of activities in a shared space. The account owner further represents that any member added who is under the age of majority is at least thirteen (13) years old and that the account owner is the parent or legal guardian of that member or has obtained parental consent consistent with PP §P9. Members under thirteen (13) cannot be added to the Family Circle.

Mandatory consent confirmation for the Aging-in-Place Dependent role. Before activating access in the Aging-in-Place Dependent role, Terrestream will require either (i) direct affirmative confirmation of consent from the prospective member, delivered through an independent communication channel sent directly to the prospective member and not relayed through the account owner; or (ii) documented evidence of the account owner’s legal authority to consent on behalf of the prospective member, such as a healthcare proxy, durable power of attorney for personal care, or court-appointed guardianship order. Access in the Aging-in-Place Dependent role does not activate until Terrestream has received one of these two forms of confirmation.

Discretionary confirmation for other roles. For Family Member, Co-owner, and Guest roles, Terrestream may, in its discretion, require direct confirmation of consent from a prospective member before activating their access, and may suspend or remove any Family Circle member where Terrestream becomes aware that consent was not validly obtained.

Removing members and leaving. The account owner may remove any Family Circle member at any time, and any member may leave at any time. Removal takes effect immediately; the removed member loses access to the home dashboards and notifications. Telemetry Data and AI Outputs about the home generated before removal remain with the owner’s account under §8.7 and PP §P11.

Effect of Pro Subscription end. Family Circle is a Pro feature. If the account’s Pro Subscription ends (cancellation, non-renewal, or trial expiry under §8.1), Family Circle access ceases for all members, including the owner. The owner’s account continues under the Free Tier; the owner may re-establish Family Circle by resuming a Pro Subscription.

Account owner responsibility. Under §2.3, the account owner is responsible for the acts and omissions of every Family Circle member acting through the account, and for ensuring that any minor member has appropriate parental consent and is at least thirteen (13) years old. Joint and several liability under §2.3 applies.

§9. Third-Party Platforms and Home Automation

9.1 Operating modes and how integrations work

The Device supports three operating modes. The integrations available to You depend on the mode You select.

(a) Standalone Mode (no network connectivity). The Device measures and displays locally on the on-device color LCD and underglow ring. No data leaves the Device. Firmware updates, cloud features, the web dashboard, the mobile applications, AI Outputs, and Third-Party Platform integrations are not available in this mode. The Device requires no internet connection to operate in Standalone Mode.

(b) Connected to a local network (Wi-Fi). When the Device is on Your local network, the following integrations are available without requiring Terrestream’s cloud, an active Pro Subscription, or an active Pro Trial Period: (i) the Terrestream Home Assistant integration (mDNS auto-discovery; twelve signals exposed as separate entities; published to a self-hosted Home Assistant instance over Your local network); (ii) publication to any MQTT broker on Your local network via configurable broker URL; and (iii) the Device’s local HTTP API. These integrations operate over Your local network and do not require an internet connection beyond reaching the Home Assistant or MQTT host.

(c) Connected to Terrestream’s cloud. When You opt in to cloud features, the Device additionally transmits Telemetry Data to Terrestream’s cloud, which powers: the web dashboard at app.terrestream.com, the mobile applications, firmware updates, AI Outputs (insights, scenario recognition, anomaly alerts, outdoor data fusion), and push notifications. Cloud features are opt-in. Certain features within the cloud experience require the Pro Subscription tier as described at §8.

Bridged platforms. Matter, Apple Home, Google Home, Amazon Alexa, and Samsung SmartThings reachability is achieved by configuring the Home Assistant Matter integration to bridge those platforms. That path is configured by the User in Home Assistant, is NOT a Terrestream-native integration, and Terrestream does not ship dedicated HomeKit, Google Home, Alexa, or SmartThings applications. Where a User-enabled integration requires Terrestream’s cloud to relay events between the Device and a Third-Party Platform (for example, IFTTT or a Terrestream-hosted webhook integration), that cloud-bridged integration requires an active internet connection and may require an active Pro Subscription as described at the time of enablement.

Integrations of any kind, local or cloud-bridged, are subject to availability, latency, and third-party availability; cease during connectivity loss, power loss, or any cloud or platform outage; and (for cloud-bridged integrations) cease at the end of the Pro Subscription or Pro Trial Period per §8.7. You are solely responsible for monitoring whether active automation routines remain operational; Terrestream has no obligation to notify You when an integration ceases to function or deliver triggers. The remainder of this §9 applies to integrations regardless of mode.

9.2 No endorsement

Integration availability is not an endorsement, certification, partnership, or warranty by Terrestream of any Third-Party Platform. Each Third-Party Platform is independent and governed by its own terms and privacy policy.

9.3 Liability for automated actions

Terrestream does not recommend, encourage, or endorse the use of Telemetry Data or Device output to trigger automated actions affecting physical systems, including HVAC, ventilation, humidity control, electrical loads, or any other building or environmental system. The availability of integration features does not constitute a recommendation that automation is appropriate, safe, or suitable for your specific environment, equipment, or use case. Any decision to automate is made solely at your own risk and judgment.

Automated actions, adjusting a thermostat, switching a fan or humidifier, opening a damper or window, actuating a smart plug, or running a scene, are executed by the Third-Party Platform and the connected hardware, NOT by Terrestream. Terrestream’s role is limited to transmitting Telemetry Data and Device status. To the maximum extent permitted by law, and subject to the cap in §11.1, Terrestream disclaims liability for property damage (HVAC, water, freeze, electrical, cycling), health effects (including ingress of polluted outdoor air), energy costs, and harm from delayed, failed, duplicated, or stale triggers due to latency, API errors, network conditions, rate limits, or other causes outside Terrestream’s reasonable control.

You are responsible for designing, testing, monitoring, and safeguarding all automation routines. Appropriate safeguards may include run-time caps, independent hygrostats or thermostats, weather-based interlocks, and manual overrides. Sensor drift and connectivity loss can cause automations to misfire or fail silently; no safeguard eliminates this risk.

9.4 No safety-critical automation

You will not use the Device or any Third-Party Platform integration as a trigger for, or sole input to, any automation whose failure could create a life-safety hazard, a security or intrusion-prevention failure, or significant property damage. Prohibited uses include, without limitation:

• Gas shutoff systems or gas valve actuators;

• Fire suppression systems, smoke evacuation, or fire-damper controls;

• Emergency or hazard-response ventilation systems, including any exhaust, makeup-air, or damper system intended to mitigate accumulation of CO₂, CO, VOCs, or other hazardous gases or particulates;

• Door locks, security gates, garage doors, access controls, intrusion alarms, alarm arming or disarming, or any other system whose automation could impede emergency egress or create unauthorized- entry exposure;

• Medical or life-support equipment; and

• Any other automated system whose failure could create a life-safety hazard, a security or intrusion-prevention failure, or significant property damage.

This prohibition applies regardless of whether redundant sensors, independent monitors, or manual overrides are present; such measures reduce but do not eliminate risk and do not make the Device suitable for safety-critical use. The Device is not a Life Safety Device (§4); its data is not suitable for safety-critical decisions. Violation is a material breach and a Prohibited Use under §14 and triggers indemnification under §12. The §11.1 liability cap does not limit Terrestream’s right to seek indemnification under §12 for losses arising from a violation of this section.

9.5 Integration availability subject to change

Third-Party Platform integrations are provided “AS AVAILABLE” and may be modified, suspended, degraded, or discontinued at any time due to changes in the platform’s API, certification, or developer program; technical incompatibilities; legal or regulatory obligations; or Terrestream’s business decisions. Availability at purchase does not entitle you to continued availability. No refund or credit is owed (§8.4, §20.3). Terrestream has no obligation to provide advance notice of integration changes or cessation, and assumes no liability for automations that fail silently as a result.

9.6 Data shared with Third-Party Platforms

When you enable an integration, Terrestream transmits Telemetry Data, Device status (online/offline, Firmware version, connectivity metrics), and other fields the integration requires. Once data leaves Terrestream’s cloud, the Third-Party Platform’s terms and privacy policy govern its collection, use, storage, sharing, retention, and deletion. Terrestream has no control over and assumes no responsibility for that processing.

You are responsible for reviewing and accepting the platform’s terms before enabling any integration; understanding what data is shared and how it is used; configuring privacy settings; and ensuring the share complies with applicable privacy law, including the California Consumer Privacy Act, Cal. Civ. Code § 1798.100 et seq.; PIPEDA, S.C. 2000, c. 5; and the Quebec Act Respecting the Protection of Personal Information in the Private Sector (“Law 25”), CQLR c. P-39.1. The Device and Services are not offered for sale or use in the United Kingdom or the European Union; Terrestream makes no representation regarding compliance with the UK GDPR or Regulation (EU) 2016/679.

9.7 Automation health monitoring

Terrestream does not monitor, audit, or verify whether your automation routines are functioning as intended at any time. You are solely responsible for periodically confirming that integrations remain active, that triggers are being received and acted upon by the Third-Party Platform, and that any safeguards you have implemented are operational. Terrestream recommends establishing independent monitoring: such as periodic manual checks, heartbeat alerts within the Third-Party Platform, or physical sensor verification, and not relying solely on automation output as confirmation that the Device or integration is functioning correctly.

§10. Warranty and Disclaimer of Warranties

10.1 Limited hardware warranty

Terrestream warrants the Device against defects in materials and workmanship, under normal use, for one (1) year from the date of original purchase from Terrestream or an Authorized Reseller (the “Warranty Period”). The Warranty Period runs from the date of original purchase and does not restart on a Device transfer under §3.7. A subsequent owner may make a warranty claim during the remaining Warranty Period upon producing the original proof of purchase; no warranty extends past the end of the original Warranty Period regardless of subsequent ownership.

The warranty does not cover: (a) normal wear and tear; (b) cosmetic damage; (c) damage from accident, misuse, abuse, neglect, or unauthorized modification; (d) damage from power surges, voltage fluctuations, or non-conforming adapters; (e) damage from water, liquids, or operation outside published environmental specifications; (f) damage from service by anyone other than Terrestream or its authorized service provider; or (g) damage from your failure to follow Device documentation or these Terms.

Exclusive remedy. Your sole remedy is repair or replacement of the defective Device with a new or refurbished unit of equivalent functionality, at Terrestream’s discretion. No other remedy, monetary damages, credit, or refund, is available under this warranty. A replacement Device is warranted for the remainder of the original Warranty Period or thirty (30) days from delivery, whichever is longer, and is treated as a continuation of the original Device for purposes of §8.1 (no new Pro Trial Period is granted by the warranty replacement; the existing account’s tier status carries over).

RMA logistics. To obtain warranty service you must (i) contact Terrestream support to obtain a Return Merchandise Authorization (RMA) number; (ii) ship the Device prepaid and adequately packaged, with the RMA number on the outer packaging and proof of purchase enclosed; and (iii) cooperate with Terrestream’s diagnostic process. Terrestream returns the repaired or replacement Device at its expense. Devices sent without a valid RMA may be refused. Buyer’s-remorse and DOA returns are addressed in §8.5; this §10.1 governs defect claims only.

10.2 Disclaimer of implied warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR THE LIMITED HARDWARE WARRANTY IN §10.1, TERRESTREAM DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

THE SERVICES, AI OUTPUTS, DERIVED METRICS, CLOUD INFRASTRUCTURE, MOBILE APP, AND WEB DASHBOARD ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TERRESTREAM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. TERRESTREAM MAKES NO WARRANTY REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY TELEMETRY DATA, AI OUTPUT, OR DERIVED METRIC, OR THE SUITABILITY OF THE DEVICE OR SERVICES FOR ANY PARTICULAR APPLICATION, INCLUDING BUILDING CERTIFICATION, REGULATORY COMPLIANCE, OR HEALTH AND SAFETY MONITORING (see §§5, 6, 7). TO THE EXTENT THAT TERRESTREAM PROVIDES THE WRITTEN LIMITED WARRANTY IN §10.1, AND WHERE APPLICABLE FEDERAL LAW PROHIBITS THE COMPLETE DISCLAIMER OF IMPLIED WARRANTIES, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE STRICTLY LIMITED IN DURATION TO THE ONE (1) YEAR DURATION OF THE EXPRESS WARRANTY.

10.3 State and provincial carve-outs

Some jurisdictions do not permit the exclusion or limitation of implied warranties. Where you reside in such a jurisdiction, the disclaimers in §10.2 apply only to the extent permitted, and any non-excludable implied warranty is limited in duration to the Warranty Period in §10.1.

Massachusetts. For consumers in Massachusetts, the disclaimer of the implied warranty of merchantability and fitness for a particular purpose does not apply, pursuant to Massachusetts General Laws Chapter 106, Section 2-316A.

Quebec. If you are a consumer domiciled in Quebec, the statutory warranties of fitness, durability, and good working order under Articles 37 and 38 of the Quebec Consumer Protection Act and the durability, repairability, and maintenance provisions added by S.Q. 2023, c. 25 (an Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods) cannot be excluded, limited, or waived by contract. Quebec law prevails over any conflicting provision in this §10.

Ontario, British Columbia, and other provinces. For Users in Ontario, British Columbia, and other Canadian provinces, mandatory consumer-protection legislation (including the Ontario Consumer Protection Act, 2002, S.O. 2002, c. 30, Sched. A, and the British Columbia Business Practices and Consumer Protection Act, S.B.C. 2004, c. 2) prevails over any conflicting provision in this §10, and any implied warranty that cannot be excluded applies for the minimum duration the legislation requires.

10.4 No warranty on Device or sensor longevity; expected useful life

Sensor drift is normal for photoacoustic carbon dioxide and optical particulate sensors and is not a defect in materials or workmanship (see §6.2). Verification, recalibration, and replacement are your responsibility under §6.3. The Device’s expected useful life for warranty purposes is the Warranty Period in §10.1; the Device’s expected useful life for accuracy purposes is governed by the drift, calibration, and replacement intervals in §6 and Appendix C. Terrestream makes no representation that the Device will continue to function, remain accurate, or remain supported beyond these intervals, and disclaims any implied warranty of longer expected useful life. Termination or discontinuation of Cloud Services under §8.4, and the resulting reversion of the Device to Standalone Mode, is not a defect or breach of warranty.

§11. Limitation of Liability

11.1 Cap on direct damages

To the fullest extent permitted by law, Terrestream’s total aggregate liability to you for all claims arising out of or related to these Terms, the Device, or the Services, whether in contract, tort (including negligence), strict liability, warranty, statute, or any other theory, is capped at the greater of (a) the total purchase price You paid for all Devices on Your account, or (b) the subscription fees You paid to Terrestream in the twelve (12) months immediately before the event giving rise to the claim. The cap applies in the aggregate to all claims and is not a per-incident limit.

11.2 Exclusion of indirect damages

IN NO EVENT WILL TERRESTREAM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THESE TERMS, THE DEVICE, OR THE SERVICES. THIS EXCLUSION APPLIES EVEN IF TERRESTREAM HAS BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE DAMAGES ARE FORESEEABLE.

11.3 Enumerated excluded damages

Without limiting §11.2, Terrestream excludes liability for the following, whether characterized as direct or indirect:

1. lost profits, revenue, or business opportunities;

2. lost productivity, business interruption, or work stoppage;

3. loss of, failure to obtain, or revocation of building certifications, green-building credits, or tax incentives;

4. property damage from mold growth, moisture accumulation, or other environmental conditions;

5. remediation costs, including mold remediation, asbestos abatement, and VOC or other environmental mitigation;

6. health-related claims, including sick building syndrome, respiratory illness, allergic reaction, and chronic chemical exposure (this exclusion is subject to §11.5(b) for bodily injury caused by Terrestream’s negligence);

7. regulatory fines, penalties, sanctions, and enforcement or defense costs;

8. loss of data, except as expressly provided in §8.7;

9. cost of procuring substitute goods, services, or technology;

10. property damage of any kind arising from automated actions executed through Third-Party Platforms under §9, including fire, smoke, water, freeze, electrical, intrusion, theft, or loss-of-contents damage; and

11. educational, cognitive, academic, or human-performance outcomes, including test scores, grades, admissions, scholarships, tutoring or test-preparation costs, and any related opportunity loss.

The foregoing enumeration is illustrative and not exhaustive; Terrestream excludes liability for all damages of the types set out above and for any other indirect, incidental, consequential, special, exemplary, or punitive damages, however described, subject to §11.5.

11.4 Independence of service surfaces

The Device, the Web Dashboard, and the Mobile App are independent service surfaces. An outage on one is not a failure of another. The cap in §11.1 applies in the aggregate across all surfaces, Devices, and incidents. The protections in §§10 and 11 may be reduced under §13.6 to the extent Your breach of §13 materially caused the harm being claimed.

11.5 Carve-outs

Nothing in this §11 limits Terrestream’s liability for: (a) gross negligence or willful misconduct (including under Cal. Civ. Code § 1668, 940 CMR 3.00 of the Massachusetts Attorney General’s consumer-protection regulations, and equivalent statutes); (b) death or personal injury caused by Terrestream’s negligence; (c) fraud or fraudulent misrepresentation; (d) any other liability that cannot be excluded under applicable law, including statutory remedies under the California Consumer Privacy Act, Cal. Civ. Code § 1798.100 et seq., the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq., the Quebec Consumer Protection Act, CQLR c. P-40.1, and Article 1474 of the Civil Code of Quebec, S.Q. 1991, c. 64; or (e) claims by a Family Circle member under §8.8 arising from stalking, intimate-partner abuse, or similar misuse of the Family Circle feature by the account owner. For consumers subject to the Civil Code of Québec, the financial caps and exclusions of indirect damages do not apply to claims for bodily or moral injury, nor do they apply to damages caused by Terrestream’s gross or intentional fault, pursuant to Article 1474 of the Civil Code of Québec.

11.6 Time limitation on claims

To the maximum extent permitted by applicable law, any claim arising out of or related to these Terms, the Device, or the Services must be filed within one (1) year of the date You knew or reasonably should have known of the facts giving rise to the claim, regardless of legal theory. This §11.6 does not shorten (i) the Warranty Period in §10.1; (ii) the limitations period for any claim for death or personal injury, including product-liability and wrongful-death claims; (iii) the limitations period for any statutory consumer-protection, privacy, or product-liability claim where mandatory law prohibits a one-year contractual period; (iv) the limitations period for claims arising under the Quebec Consumer Protection Act, the Civil Code of Québec, the Ontario Consumer Protection Act, the BC Business Practices and Consumer Protection Act, or analogous Canadian consumer legislation; or (v) any other limitations period that cannot be shortened by contract under applicable law. Where mandatory law prohibits a one-year contractual period, the shortest period the law permits applies. This limitation operates alongside §19.

11.7 Essential purpose

The limitations and exclusions in this §11 reflect a fair allocation of risk and a fundamental element of the basis of the bargain, without which Terrestream would not offer the Device or Services at the prices charged. They apply even if a limited remedy in these Terms (including the repair-or-replace remedy in §10.1) fails of its essential purpose. In jurisdictions whose law links the limitation of liability to the failure of an exclusive remedy under UCC § 2-719(2) or analogous principle, the limitation applies to the maximum extent permitted by such law.

§12. Indemnification by User

12.1 General indemnification

You agree to indemnify, defend, and hold harmless Terrestream, Aerodyne Inc., and their officers, directors, employees, agents, and affiliates from any claim, damage, loss, liability, judgment, settlement, cost, or expense (including reasonable attorneys’ fees) arising out of or related to the matters listed below. For Users who are Residential Users (as opposed to Commercial Users ), the indemnification obligations in clauses (c), (g), and (i) apply only where the claim arises from Your willful or reckless breach of these Terms, Your unlawful conduct, or Your gross negligence. Ordinary good-faith use of the Services by a Residential User, including incidental sharing or display of Device data or AI Outputs to household members, family members, guests, or other non-Users in personal or household contexts, does not by itself constitute a breach of these Terms (including §2.7) for purposes of this indemnification. Commercial dissemination by a Residential User, or sharing or display intended to mislead a third party as to the certified or regulatory-grade nature of Device data, remains within the scope of indemnification under clauses (c), (g), and (i). The other clauses apply without that limitation.

1. your dissemination, publication, or commercial use of Device data or AI Outputs in violation of data-dissemination laws governing non-certified air-quality data (see §7.5);

2. your unauthorized modification, disassembly, reverse engineering, or Firmware tampering, including circumvention of secure boot or code signing, in violation of §3.3 or §14.5;

3. any claim by a building occupant, tenant, employee, patient, student, visitor, prospective purchaser, real-estate agent or broker, home inspector, appraiser, lender, family member, guest, contractor, or other non-User third party arising from Your reliance on, sharing of, or display of Device data or AI Outputs for health, safety, environmental, occupational, certification, real-estate, or operational decisions;

4. your violation of any building, fire, or occupational health and safety code, including any citation arising from use of the Device as a substitute for code-required equipment;

5. any Prohibited Use under §14;

6. your failure to install or maintain independent, code-compliant life safety systems as required by §4.5;

7. automated actions executed through Third-Party Platforms under §9, including HVAC, humidifier, damper, or fan actions, regardless of whether caused by Device data, integration failure, or Third-Party Platform error;

8. your User Content under §17.2, including any claim that User Content infringes a third party’s intellectual property, publicity, or privacy right or violates any law;

9. your breach of these Terms, including any breach by an Authorized User for whose compliance you are responsible.

12.2 Indemnification procedure

1. Notice. Terrestream will give you prompt written notice of any claim for which it seeks indemnification. Failure to give prompt notice does not relieve you of your obligation except to the extent you are materially prejudiced.

2. Control of defense. You will assume the defense at your expense, using counsel reasonably acceptable to Terrestream. If you fail to assume the defense within a reasonable time, Terrestream may defend the claim at your expense.

3. Settlement. You may not settle, compromise, or consent to entry of judgment without Terrestream’s prior written consent if the settlement (i) imposes any obligation, restriction, or liability on Terrestream, (ii) requires any admission of fault by Terrestream, or (iii) does not include a full and unconditional release of Terrestream.

4. Participation. Terrestream may participate in the defense at its own expense with counsel of its choosing. Such participation does not shift any defense cost to Terrestream.

§13. Security and Reporting

The security and lawful operation of the Device and Services depend in part on your conduct. By using the Device or Services, you agree to the obligations in this §13.

13.1 Network security

You will:

1. Connect the Device only to a Wi-Fi network secured with WPA2 or WPA3 encryption using non-default, unique credentials.

2. Not deploy or operate the Device on open, public, or unsecured networks. Networks lacking password protection, using deprecated encryption (WEP or WPA1), or accessible to the general public are unsecured for purposes of this §13.

3. Where technically feasible, place the Device on a network segment dedicated to IoT devices, such as a separate VLAN or guest network isolated from your primary computing devices.

13.2 Account security

You will:

1. Not share your Terrestream account credentials. To grant access to family members, employees, or building occupants, use the Authorized User functionality.

2. Enable multi-factor authentication on your account where Terrestream offers it.

3. Use a unique, strong password for your Terrestream account that you do not reuse on other services.

4. Promptly revoke access for any Authorized User who no longer requires it, including departing employees, former tenants, and any individual whose authorization you have rescinded.

13.3 Firmware and application updates

You will:

1. Install Firmware updates delivered over the air within thirty (30) days after the date of Terrestream’s update notice.

2. Keep the Mobile App and Web Dashboard at the latest generally available version compatible with your operating system.

3. Recognize that failure to install critical security updates may void warranty and liability protections (see §10 and §11).

13.4 Reporting

You will promptly report to Terrestream at terrestream.com/contact?dept=security (see §22.5):

1. Any compromise or suspected compromise of the Device, including unexpected behavior, unauthorized configuration changes, or signs of Firmware tampering.

2. Any unauthorized access or suspected unauthorized access to your Terrestream account.

3. Any security vulnerability you discover in the Device, Firmware, Mobile App, Web Dashboard, or Services.

In accordance with art. 3.7 of the Quebec Act respecting the protection of personal information in the private sector, CQLR c. P-39.1 (Law 25), Terrestream will report to the Commission d’accès à l’information and to affected individuals any confidentiality incident presenting a risk of serious injury, with diligence.

13.5 Legal compliance

You are solely responsible for ensuring that your deployment and use of the Device and Services comply with all applicable federal, state, provincial, and local laws, including:

1. Data-dissemination laws governing the publication of non-reference or non-certified air-quality data (see §7.5).

2. All building, fire, and occupational safety codes, and the obligation to install and maintain independent, code-compliant life safety systems (see §4).

3. All landlord-tenant, employment, accessibility, and privacy laws governing monitoring devices in shared or occupied spaces.

4. All consent requirements applicable to your jurisdiction before deploying the Device in any location where third parties may be present.

5. Household and cohabitant notice. Where the Device is deployed in a residential setting occupied by persons other than You (including household members, roommates, long-term guests, in-home caregivers, and children of any age), You represent that You have authority to operate the Device in that setting and that You have provided reasonable notice to those persons of the Device’s presence and the categories of environmental data it collects (as described at terrestream.com/legal/in-home-notice). For purposes of two-party-consent or wiretap statutes governing the monitoring of activities in a shared space, You further represent that any required consent from cohabitants has been obtained. “Family Circle” members and Aging-in-Place Dependents are addressed separately in §8.8.

13.6 Causation for security-related warranty and liability claims

Where a claim under §10 (warranty) or §11 (liability) arises from harm materially caused by Your failure to maintain reasonable network or account security under this §13, Terrestream’s warranty and liability obligations are reduced to the extent of that causal contribution. This section applies only where there is a direct causal nexus between Your breach of §13 and the harm claimed.

13.7 Fleet management obligations (Commercial Users)

A Commercial User that deploys multiple Devices will:

1. Designate an account administrator who accepts these Terms on behalf of the organization and has authority to bind it.

2. Manage user roles (such as administrator, viewer, and installer) and ensure that each Authorized User complies with these Terms.

3. Maintain accurate user lists and revoke access promptly when an Authorized User’s role changes or ends.

The organization and the account administrator are jointly and severally liable for the acts and omissions of their Authorized Users.

§14. Acceptable use and prohibited uses

You will not use, and will not permit any third party to use, the Device or Services for any of the purposes in this §14. A violation is a material breach and may result in suspension or termination under §20.1 and Your indemnification obligations under §12. Reduction of warranty and liability protections under §10 and §11 by reason of a §14 violation applies only where (a) the violation is of §§14.1 (life-safety substitution), 14.3 (safety-critical control loops), or 14.5 (unauthorized modification), and (b) the harm being claimed was materially caused by that violation. Violations of §§14.2, 14.4, 14.6, or 14.7 do not reduce the warranty or liability protections in §§10 and 11.

14.1 Life safety substitution

You will not use the Device as a substitute for, or in lieu of, any certified Life Safety Device, including smoke alarms, carbon monoxide detectors, fire alarm systems, or gas-leak detectors.

14.2 Unlawful use

You will not use the Device or Services for any purpose that violates any federal, state, provincial, or local law, regulation, or ordinance.

14.3 Safety-critical control loops

You will not integrate Telemetry Data, AI Outputs, or any derived metric into any automated control loop whose failure could create a life-safety hazard, a security or intrusion-prevention failure, or significant property damage. This prohibition is absolute and is not satisfied by the addition of independent validation, redundant sensors, or manual overrides; see §9.4.

14.4 Data misrepresentation

You will not resell, redistribute, publish, or otherwise represent AI Outputs or Telemetry Data as certified, reference-grade, laboratory-grade, or regulatory-compliant data, and you will not represent Device data as meeting any US Environmental Protection Agency Federal Reference Method or Federal Equivalent Method. You will not use Device data in regulatory submissions, enforcement actions, legal proceedings, or compliance documentation without conspicuously disclosing its consumer-grade nature and the limitations in §§5 to 7.

14.5 Unauthorized modification

You will not modify, reflash, or replace the Firmware; circumvent or bypass secure boot or code signing; or physically alter the Device hardware in any manner not described in Terrestream’s official documentation, except as expressly permitted by §3.3 and the security-research safe harbor in §16.

14.6 Excessive or abusive use

You will not engage in automated scraping of the Terrestream API, Web Dashboard, or Mobile App; intentionally generate API calls or data volumes designed to degrade service for other Users; evade rate limits or throttling; engage in denial-of-service-style call patterns; or exploit any bug, vulnerability, or unintended functionality to gain unauthorized access, extract data beyond your entitlement, or interfere with the Services.

14.7 Prohibited User Content

You will not submit or transmit User Content prohibited by §17.2.5.

§15. Firmware updates and right-to-repair

15.1 Automatic OTA updates

By connecting the Device to Wi-Fi and using the Services, you consent to the automatic download and installation of Firmware updates over the air. Updates may modify functionality, add or remove features, patch security vulnerabilities, and update sensor calibration algorithms or derived-metric models. Terrestream will use reasonable efforts to give advance notice of updates that materially change functionality where practicable; critical security patches may deploy without advance notice.

OTA-caused failure remedy. If a signed Firmware update issued by Terrestream renders the Device unable to power on, complete its factory self-test, or perform its core sensing function under normal use, Terrestream will, at its option and on receipt of a support request through the channel in §22.3, (i) issue a Firmware rollback, (ii) repair the Device, or (iii) provide a replacement Device on the terms set out in §10. This remedy applies regardless of whether the original Warranty Period has expired and is in addition to (not in place of) the §10 warranty. It does not apply where the failure was caused by tampering under §15.2, by a third-party Firmware modification, or by use outside the published environmental specifications.

15.2 Effect of tampering on warranty and liability

Unauthorized disassembly, physical modification, Firmware replacement or reflashing, or bypass of secure boot or code signing voids the limited hardware warranty (see §10) and Terrestream’s liability and indemnification protections (see §11 and §12) related to data integrity, Device security, and privacy. Where Terrestream cannot verify the integrity of a Device’s Firmware against its code-signing infrastructure, Terrestream may remotely disable or suspend the Device’s access to Services after written notice to the registered account email and a reasonable opportunity to cure or respond, except where an imminent security risk requires immediate action. Suspension under this §15.2 does not entitle you to any refund, credit, or compensation.

15.3 Right-to-repair compliance

Terrestream complies with right-to-repair laws to the extent they apply to the Device by reason of product scope, price threshold, effective date, and the User’s jurisdiction, including (where applicable) the California Right to Repair Act, SB-244 (2023) (amending Cal. Bus. & Prof. Code § 22421 et seq.); the Colorado Consumer Right to Repair Digital Electronic Equipment Act, HB23-1011 (C.R.S. § 6-1-1501 et seq.); the Minnesota Digital Fair Repair Act, Minn. Stat. § 325E.722; the New York Digital Fair Repair Act, N.Y. Gen. Bus. Law § 399-nn; and the Oregon Right to Repair Act, SB 1596 (2024); and other jurisdictions as enacted.

On fair and reasonable terms and to the extent required by an applicable right-to-repair law, Terrestream makes available:

1. Parts lists identifying replaceable components of the Device.

2. Basic diagnostic procedures and tools to the extent required by applicable law.

3. Cosmetic and mechanical repair documentation, including disassembly and reassembly instructions for user-serviceable components.

The following materials are not made available under any right-to-repair obligation, because their disclosure would compromise the secure-boot chain, the confidentiality of Telemetry Data, and Terrestream’s proprietary intellectual property. Each of the statutes cited above preserves a security exception, and this withholding falls within that exception:

1. Secure boot keys and code-signing certificates.

2. Proprietary Firmware source code.

3. AI model weights, training data, and algorithmic parameters.

4. Cloud API authentication credentials and service encryption keys.

Nothing in this §15.3 limits any right granted to you under an applicable open-source license with respect to Open-Source Components (see §3.5).

Post-EOL right-to-repair. After End-of-Life of the Cloud Services for a Device model, the parts-availability and repair-documentation obligations in this §15.3 continue for the statutory minimum period under each applicable right-to-repair law. The withholdings identified above (secure-boot keys, code-signing certificates, proprietary Firmware source code, AI model weights and training data, and cloud-API credentials) continue to apply after EOL on the independent grounds of residual fleet security, training-data contamination risk, and protection of third-party Personal Information contained in aggregate pipelines. Where required by applicable law, Terrestream will document or make available a serial-protocol or local-mode specification sufficient to permit basic Device operation in the absence of the Cloud Services.

Where you or a third party acting on your behalf performs repair, maintenance, modification, or component replacement outside Terrestream’s authorized repair process, you assume sole responsibility for any resulting compromise of Device security, secure-boot integrity, data integrity, sensor accuracy, or privacy of Telemetry Data, and your indemnification obligations under §12 extend to all claims arising from that repair or modification.

§16. Coordinated vulnerability disclosure and security-researcher safe harbor

16.1 Welcome statement

Terrestream welcomes good-faith security research on the Device, Firmware, Mobile App, Web Dashboard, and Cloud Services. Research conducted under this §16 helps Terrestream protect its Users and improve the security of its products.

16.2 Authorized conduct

A security researcher acting in good faith and within the scope of Terrestream’s published Vulnerability Disclosure Policy at terrestream.com/security (Appendix F) is authorized to engage in conduct that would otherwise be prohibited by §3.3 or §14.5, solely to identify, validate, and report security vulnerabilities. Authorized conduct includes the limited reverse engineering, probing, and modification of a Device the researcher legitimately controls that the Vulnerability Disclosure Policy describes as in-scope.

16.3 Computer Fraud and Abuse Act safe harbor

Conduct within the scope of the Vulnerability Disclosure Policy is “authorized access” within the meaning of the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (“CFAA”), and analogous Canadian provisions including section 342.1 of the Criminal Code, R.S.C. 1985, c. C-46. Terrestream commits not to initiate civil or criminal action against a researcher for conduct that, in Terrestream’s good-faith determination, complies with the Vulnerability Disclosure Policy and this §16.

16.4 Out-of-scope conduct

The safe harbor in §§16.2 to 16.3 does not extend to, and the following remain Prohibited Uses under §14:

1. Data exfiltration or retention beyond the minimum necessary to demonstrate a proof of concept.

2. Denial-of-service testing against production Services.

3. Social engineering of Terrestream personnel, contractors, or vendors.

4. Physical attacks on Terrestream facilities or infrastructure.

5. Conduct that harms other Users or accesses other Users’ Personal Information or Telemetry Data without their consent.

16.5 Reporting channel

Submit reports to terrestream.com/contact?dept=security (see §22.5). A signed PGP key and current contact information are published in the security.txt file at terrestream.com/.well-known/security.txt. Terrestream will acknowledge receipt within a reasonable period and coordinate disclosure timing with the reporter.

§17. User Content, Feedback, and Sharing

17.1 Feedback license

“ Feedback ” means a feedback submission, suggestion, idea, feature request, or bug report You intentionally submit to Terrestream through a designated feedback channel (such as the in-app feedback form, a submission to terrestream.com/contact?dept=support or terrestream.com/contact?dept=feedback, a beta-program submission portal, or a written communication to the addresses in §22). Feedback does not include verbal statements made to support staff or unsolicited posts on third-party social media. Feedback is licensed to Terrestream on a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable, transferable basis to use, reproduce, modify, distribute, display, and exploit for any purpose, without attribution or compensation. You retain Your moral rights in Feedback, including under the Copyright Act, R.S.C. 1985, c. C-42 (“ Copyright Act ”) for Canadian Users; Terrestream agrees not to use Feedback in a manner that would falsely attribute it to You or be prejudicial to Your honor or reputation. You represent that You have rights to grant this license and that the Feedback infringes no third-party right.

17.2 User Content

17.2.1 Scope

“ User Content ” means content You create, upload, post, share, or transmit through the Services, including shared dashboards, public exports, social posts from inside the Mobile App or Web Dashboard, room or zone labels, comments, and annotations. It does not include Telemetry Data, AI Outputs, or Feedback.

17.2.2 License from You to Terrestream

You grant Terrestream a non-exclusive, worldwide, royalty-free license to host, store, cache, reproduce, display, distribute, transmit, and modify (for formatting, resizing, and compression only) Your User Content solely as needed to operate the Services. The license includes the right to sublicense these operational rights to Terrestream’s Service Providers and Sub-Processors identified in PP §P5.2 for the same operational purposes; it does not include the right to use Your User Content for marketing or promotion of the Services without Your separate, affirmative consent, and it is not transferable to a third party in connection with a merger, acquisition, or other corporate transaction except as part of the sale or transfer of the Services themselves and only on terms equivalent to or more protective than this license. The license is co-extensive with Your account; revocation requires deletion under §17.2.8 and persists for cached or sublicensed copies that cannot reasonably be recalled.

17.2.3 Ownership retained

You retain ownership of Your User Content; the §17.2.2 license does not transfer ownership.

17.2.4 Your representations and warranties

You represent and warrant that: (a) You have all rights necessary to license the User Content; (b) it does not infringe any third-party IP, publicity, or privacy right; (c) it contains no Personal Information about an identifiable third party without consent; (d) it violates no law; and (e) it is not defamatory, harassing, threatening, obscene, hateful, or otherwise tortious. Breach triggers indemnification under §12.1(h).

17.2.5 Prohibited User Content

You will not upload, post, share, or transmit User Content that:

1. infringes a third party’s copyright, trademark, patent, trade secret, publicity, or privacy right;

2. is defamatory, harassing, threatening, obscene, hateful, or solicits an unlawful act;

3. misrepresents Telemetry Data or AI Outputs as certified, reference-grade, EPA FRM or FEM, regulatory-compliant, or laboratory-grade; or

4. uses User Content to surveil, stalk, profile, or identify a specific individual without lawful basis, or misrepresents Your identity. (This applies to content You create or transmit; it does not restrict Terrestream’s own processing of inferences for product features as disclosed in PP §P6.5 and T&C §8.8.)

Violation is a Prohibited Use under §14.7.

17.2.6 Moderation rights

Terrestream has no general obligation to monitor User Content but may, in its discretion and without notice: (a) review, refuse, modify, or remove it; (b) suspend or terminate accounts for repeated or egregious violations of §17.2.4 or §17.2.5; and (c) preserve and disclose it to comply with legal process or protect Terrestream, its Users, or the public. Removal is not a determination of liability.

17.2.7 Reporting and counter-notification

Report violating User Content to terrestream.com/contact?dept=legal (subject “User Content Report”) with the content, basis, and Your contact information. A User whose content has been removed may submit a counter-notification to the same address. Reports asserting infringement of third-party rights are handled under §17.3.

17.2.8 Retention and deletion

User Content is retained for the life of Your account or until You delete it. On Your deletion of User Content or termination of Your account, Terrestream removes the User Content from active Services within thirty (30) days, subject to backup rotation as described in PP §P11 and to any legal hold. Cached copies on third-party platforms are outside Terrestream’s control.

17.3 Reporting infringing or unlawful content

Reports that User Content infringes a third party’s rights or violates applicable law may be submitted to terrestream.com/contact?dept=legal. Terrestream will review reports under §17.2.6 and may remove content that violates these Terms or applicable law. Terrestream terminates repeat infringers in appropriate circumstances.

17.4 Section 230 / hosting provider status

For US-law claims, Terrestream is an interactive computer service under Section 230 of the Communications Decency Act, 47 U.S.C. § 230 (“ Section 230 ”), with respect to User Content. Nothing in these Terms waives Section 230 immunity or any defense available to a User who is the information content provider.

§18. Data Privacy (Summary)

This §18 is a summary. Operative privacy disclosures, legal bases, Data Subject Rights, and processing details are in Part II (the Privacy Policy or “ PP ”), incorporated by reference. The Privacy Policy controls in case of conflict with this section.

18.1 Categories at a glance

Terrestream collects identifiers, customer records, commercial information, internet and electronic activity, geolocation (precise only on opt-in), professional information for Commercial User administrators, inferences (including health-adjacent inferences handled as Sensitive Personal Information ), Telemetry Data, and network metadata. The Device has no microphone or camera; the Mobile App may use the device camera for one-time QR-code provisioning, processed on-device only and not retained. Full categorization in PP §P2; retention in PP §P11.

18.2 Aggregate Data license

You grant Terrestream an irrevocable, perpetual, worldwide, royalty-free, sublicensable license to create, use, license, and distribute Aggregate Data (also called Deidentified Data ) derived from Telemetry after deidentification safeguards are applied. Permitted uses, safeguards, and AI training boundaries are in PP §P6. The license survives termination (§20.4).

18.3 Cross-border transfer

Personal Information is processed in the United States. Terrestream conducts the Law 25 § 17 privacy impact assessment and applies contractual safeguards to non-US sub-processors. Detail in PP §P5.3 and PP §P8.2.

18.4 Security

TLS 1.2+ in transit, AES-256 at rest, RBAC, MFA for admin access, monitoring, and periodic testing. The standard is commercial reasonableness; no method is 100% secure. Detail in PP §P10.

18.5 Children’s privacy

The Services are not directed to children, and Terrestream does not knowingly collect Personal Information from a child under 13 (US) or the applicable provincial age of consent (Canada). Detail in PP §P9.

§19. Dispute Resolution

THIS SECTION REQUIRES BINDING INDIVIDUAL ARBITRATION, WAIVES JURY TRIAL, AND WAIVES CLASS, COLLECTIVE, MASS, AND REPRESENTATIVE PROCEEDINGS. YOU MAY OPT OUT OF §§19.3 to 19.7 WITHIN 30 DAYS UNDER §19.9.

19.1 Governing law

These Terms, and any dispute arising out of or relating to them, the Device, the Firmware, or the Services, are governed by Delaware law, without regard to its conflict-of-laws principles. The UN Convention on Contracts for the International Sale of Goods does not apply. Canadian carve-outs are in §19.11.

19.2 Informal resolution

Before filing arbitration or a court action, the aggrieved party will send a written Notice of Dispute to the other that (a) describes the dispute, (b) states the relief sought (including any dollar amount), and (c) includes the sender’s name, address, email, and telephone. Notices to Terrestream go to the address in §22.4; notices to You go to the email on file. The parties will then negotiate in good faith for thirty (30) days from receipt (the “ Cure Period ”); either may request an optional settlement conference by phone or video. No arbitration or court action may be filed until the Cure Period ends without resolution. Limitations periods and filing deadlines are tolled during the Cure Period to the extent permitted by law.

19.3 Binding individual arbitration

Unresolved disputes will be resolved exclusively by final and binding individual arbitration, except as provided in §§19.5, 19.11, and 19.12. Arbitrable disputes include, without limitation, contract, tort, statutory, and regulatory claims arising out of or related to these Terms, the Device, or the Services, including claims under the California Invasion of Privacy Act, Cal. Penal Code §§ 631 and 632.7, the Massachusetts Wiretap Act, the Pennsylvania Wiretapping and Electronic Surveillance Control Act, and analogous state two-party-consent and wiretap statutes. The American Arbitration Association (“ AAA ”) will administer under its Consumer Arbitration Rules and Mediation Procedures in effect when the demand is filed; at Terrestream’s sole option, JAMS may administer under its Streamlined Arbitration Rules. A single arbitrator will hear the dispute. This agreement evidences a transaction in interstate commerce, and the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“ FAA ”), governs its interpretation and enforcement. The arbitrator may grant any remedy a court could grant, subject to §11.

19.3.1 Delegation of arbitrability

The parties delegate to the arbitrator exclusive authority to decide all questions of arbitrability, including the existence, validity, scope, and enforceability of this §19, except that a court (not the arbitrator) decides the enforceability of §19.6 (class waiver). This delegation is severable from the remainder of §19; if any other portion of §19 is found unenforceable, this delegation survives.

19.4 Seat, language, and fees

The seat is Wilmington, Delaware. For claims under seventy-five thousand dollars ($75,000), You may elect the US county or Canadian province of Your primary residence; otherwise the arbitration may proceed by document submission, telephone, or video at the arbitrator’s direction. The language is English, except French where required by law for Quebec Users. Filing fees and arbitrator compensation are allocated under the then-current AAA Consumer Fee Schedule (or the equivalent JAMS schedule); under those schedules, the business pays the substantial portion of fees for individual consumer claims, and Terrestream will pay any portion that the applicable schedule does not assign to it where required by law. Each party bears its own attorneys’ fees and costs except as otherwise required by law or as the arbitrator may award under an applicable fee-shifting statute.

19.5 Small claims carve-out

Either party may bring an individual action in a small claims court of competent jurisdiction in lieu of arbitration, if the claim is within that court’s limits and remains individual. If the action is transferred to a court of general jurisdiction, this §19 applies.

19.6 Class, collective, mass, representative, and PAGA waiver

DISPUTES UNDER THESE TERMS WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, MASS ACTION, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL (INCLUDING UNDER CALIFORNIA PAGA, CAL. LAB. CODE § 2698 ET SEQ.), WHETHER IN ARBITRATION OR COURT. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THIS WAIVER IS A MATERIAL TERM, GOVERNED BY §19.10.

19.7 Mass arbitration bellwether protocol

This §19.7 is a saving construction so §19.6 remains enforceable. A “Mass Arbitration” arises when twenty-five (25) or more individual demands against Terrestream (a) are filed by or with material assistance from the same law firm, coordinating organization, or counsel acting in concert, (b) involve substantially similar claims, and (c) seek substantially similar relief.

Once designated, the demands will be administered under the American Arbitration Association Mass Arbitration Supplementary Rules (or equivalent JAMS procedures), which govern bellwether selection, mediation, batch scheduling, and stays. Outcomes of bellwether proceedings may inform global resolution discussions and may be cited as persuasive (but not binding) authority in subsequent demands; individual demands may be stayed pending bellwether resolution, mediation, or batch scheduling for the periods provided by the AAA Mass Arbitration Supplementary Rules.

Limitations periods and the §11.6 time limit are tolled for each demand from the date of Mass Arbitration designation until the demand is finally resolved or withdrawn, including any period in which the demand is stayed pending bellwether, mediation, or batch scheduling under the AAA Mass Arbitration Supplementary Rules. Filing fees follow the same rules.

19.8 Jury trial waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND TERRESTREAM EACH IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE DEVICE, THE FIRMWARE, OR THE SERVICES, WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE. THIS WAIVER APPLIES EVEN IF THE ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE AND THE DISPUTE IS HEARD IN COURT.

19.9 30-day opt-out

You may opt out of §§19.3 through 19.7 by written notice within thirty (30) days after the earlier of (a) Your first Device activation or (b) creation of Your Terrestream account. The notice must include Your full legal name, mailing address, account email, Device serial number (if available), and a statement opting out of §§19.3 to 19.7. Send it to terrestream.com/contact?dept=arbitration or to Aerodyne Inc., Attn: Arbitration Notices, 8 The Green, Ste A, Dover, DE 19901 (see §22.4). A timely, complete opt-out is effective on receipt and does not affect §19.1 or §19.8. An opt-out that is untimely, incomplete, or not sent to the specified address is ineffective.

19.10 Severability

General non-severability of the class waiver. The §19.6 waiver is non-severable as to class, collective, and mass-action claims. If §19.6 is held unenforceable as to such a class, collective, or mass-action claim, the entirety of §19 (other than §19.1, §19.3.1, and §19.8) is void as to that claim, no class, collective, mass, or representative arbitration is authorized, and the claim proceeds in court (subject to §19.1 and §19.8).

Representative-action split. Where applicable law requires that an individual claim under a representative-action statute (including any private attorney general or similar statute giving a private party authority to bring claims on behalf of others) proceed in arbitration while the non-individual or representative portion proceeds in court, the §19.6 waiver is severed only as to that non-individual portion. The individual portion of the claim remains subject to arbitration under §19.3, and the remainder of §19 survives.

Public-injunctive-relief carve-out. Where applicable law does not permit waiver of a request for public injunctive relief, only the request for public injunctive relief is severed from arbitration and may proceed in court; the underlying individual claim remains subject to arbitration under §19.3, and the remainder of §19 survives.

General severability. Other unenforceable provisions of this §19 are severed; the remainder of §19 continues.

19.11 Canadian carve-outs

Quebec. Article 11.1 of the Quebec Consumer Protection Act, CQLR c. P-40.1 (“ Quebec CPA ”), prohibits clauses compelling consumers to arbitration or barring class proceedings. For Users resident in Quebec when the dispute arises, §§19.3, 19.6, and 19.7 do not apply. Such Users may bring claims in the courts of Quebec (exclusive jurisdiction) and participate in class proceedings under the Code of Civil Procedure (CQLR c. C-25.01). Quebec disputes are governed by Quebec law and applicable federal laws of Canada; notices may be sent in French.

Ontario and British Columbia. For consumer Users residing in Ontario or British Columbia, §§19.3, 19.6, and 19.7 do not apply by reason of the Ontario Consumer Protection Act, 2002, S.O. 2002, c. 30, § 7, the BC Business Practices and Consumer Protection Act, S.B.C. 2004, c. 2, and the rule in Seidel v. TELUS Communications Inc., 2011 SCC 15. Such Users may bring claims in the courts of their respective provinces and participate in class proceedings. Disputes are governed by the law of the relevant province and applicable federal laws of Canada.

19.12 Injunctive relief carve-out

Either party may seek injunctive or other equitable relief from any court of competent jurisdiction, without complying with §19.2, for (a) infringement, misappropriation, or dilution of intellectual property (including under §3 and §17); (b) breach of confidentiality; (c) unauthorized access to or interference with Terrestream’s systems or Services; (d) public injunctive relief to the extent non-waivable under applicable law, including the McGill rule under California law (see McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017)); and (e) claims for bodily injury or imminent risk of bodily injury. Seeking such relief does not waive the right to arbitrate the underlying merits.

Equivalent Quebec procedural remedies. For Quebec residents, “injunctive or equitable relief” in this §19.12 means the remedies available under the Code of Civil Procedure (CQLR c. C-25.01) and the Civil Code of Québec, including: (i) provisional, interlocutory, or permanent injunction (arts. 509 et seq. C.C.P.); (ii) safeguard order; (iii) specific performance (art. 1601 C.C.Q.); and (iv) any other equivalent procedural remedy that a competent Quebec court may grant. These remedies are sought in the Quebec courts in accordance with §19.11.

§20. Termination

20.1 Termination by Terrestream

Terrestream may suspend or terminate your access to the Services, in whole or in part, upon: (1) your material breach of these Terms; (2) unlawful use of the Device or Services; (3) non-payment of subscription fees that remains uncured 30 days after written notice; (4) a court order, subpoena, or other legal process; or (5) Terrestream’s reasonable determination that your continued access poses a security risk to its infrastructure, other Users, or the integrity of the Services. Suspension may precede termination. Where practicable and not prohibited by law, Terrestream will give advance notice and a chance to cure.

20.2 Termination by User

You may terminate at any time by deleting your account through the Mobile App, the Web Dashboard, or by contacting customer support (see §22.3). A factory reset deassociates the Device from your account but does not delete data already in the Cloud Services; cloud data deletion requires a separate account-deletion request.

Deceased Users. For deceased account holders who were residents of Quebec at the time of death, the liquidator of the succession may exercise the rights provided by Articles 40.1 and 122 of the Civil Code of Québec, S.Q. 1991, c. 64, regarding access to and management of the personal information of deceased persons. For deceased account holders who were residents of other jurisdictions, Terrestream may, in its discretion and upon receipt of (a) a death certificate and (b) proof of authority (letters testamentary, surviving-spouse documentation, or equivalent), either (i) deassociate the Device under §3.7 so a new account holder may activate it, or (ii) provide a limited data export to the estate administrator subject to identity verification and the privacy rights of any living persons whose Personal Information may be in the account. In all cases, accounts are not transferable to heirs; ongoing Cloud Services cease at the option of the estate administrator or under §8.6 if no request is received within twenty-four (24) months of the account holder’s death. Requests are submitted to terrestream.com/contact?dept=privacy.

20.3 Effect of Termination

On termination, by either party, for any reason: (1) the Device reverts to Standalone Mode; (2) all Cloud Services features cease immediately, including AI Outputs, dashboards, push notifications, weather and AQI ingestion, Third-Party Platforms integration, fleet management, and data export; (3) your historical Telemetry Data remains downloadable through the Web Dashboard for thirty (30) days after termination, then is removed from active Cloud Services and permanently deleted from encrypted backups as backup rotations cycle through ( Aggregate Data survives per §18.2); and (4) subscription refunds, Amazon-billed: per Amazon’s then-current refund policy; web shop / Stripe-billed: pro-rata refund of remaining whole prepaid months only if Terrestream terminates without cause; no refund if you terminate or Terrestream terminates for cause under §20.1. For hardware return rights, see §8.5.

Quebec consumer carve-out. Notwithstanding the preceding paragraph, a Quebec-resident consumer who cancels an annual Pro Subscription before the end of its prepaid term is entitled to a pro-rata refund for the unperformed portion of the service, in accordance with the Quebec Consumer Protection Act, CQLR c. P-40.1. Refunds under this carve-out are issued through the original payment channel within thirty (30) days of cancellation. This carve-out does not apply to (a) monthly Pro Subscriptions, where the prepaid term coincides with the billing cycle, or (b) the Pro Trial Period, for which no payment is collected. Quebec consumers retain all other rights under the Quebec Consumer Protection Act regardless of this section (see §10.3 and §19.11).

Refund on material adverse change. If Terrestream makes a material adverse change to the Pro Subscription feature set under §8.4, meaning the removal or significant reduction of a Pro feature that a reasonable subscriber would consider central to the value of the Pro Subscription, a paid Pro Subscriber who terminates within ninety (90) days of the effective date of the change is entitled to a pro-rata refund of unused prepaid Pro Subscription fees, in addition to the §8.4 grace-period rights and any applicable mid-term protection under §8.2. The refund is issued through the original payment channel within thirty (30) days of termination. This right is in addition to the Quebec consumer carve-out above.

20.4 Survival

The following survive termination or expiration: §1 (Definitions, to the extent needed to interpret surviving provisions), §3, §4, §5, §6, §7, §10, §11, §12, §13–§15 (to the extent needed to give effect to §12 indemnification and §11 liability conditions), §17 (to the extent already exercised), §18.2 ( Aggregate Data license), §19, §21, and §22, as applicable. Any other provision that by its nature is intended to survive does so.

20.5 Changes to These Terms

Current version at terrestream.com/legal/terms; archive at terrestream.com/legal/archive. For material changes: including arbitration, limitation of liability, data practices, fees, auto-renewal, or the life-safety disclaimer, Terrestream will give at least 30 days’ advance notice by email and in-app notification, and will require Your affirmative in-app or in-dashboard re-acceptance (clickwrap) before You may continue using Connected Mode features or paid Services. The decline consequence depends on the type of change: for material changes to the Free Tier feature set, §8.4 governs and the change takes effect at the end of the notice period with data-handling consequences under §8.7; for other material changes covered by this §20.5, the Device reverts to Standalone Mode under the prior Terms until You either re-accept or terminate under §20.2. Material changes to subscription pricing or auto-renewal terms require Your renewed affirmative consent (see §8.2). Non-material changes may be posted with an updated effective date and version, without individual notice; for non-material changes, Your continued use after the effective date constitutes acceptance.

Quebec consumers — right to terminate without penalty. Where a material change to these Terms modifies an essential obligation or essential element of Your consumer contract, You, as a Quebec resident, have the right to terminate the contract without penalty at any time after receipt of the notice and until thirty (30) days after the effective date of the change, in accordance with the applicable provisions of the Quebec Consumer Protection Act. To exercise this right, contact Customer Support per §22.3.

§21. General Provisions

21.1 Force majeure

Neither party is liable for delay or failure to perform (other than payment) caused by events beyond its reasonable control, including natural disasters; epidemics and pandemics; government actions, embargoes, sanctions, and quarantine orders; war, armed conflict, terrorism, or civil unrest; third-party cyberattacks; outages of cloud infrastructure, ISPs, or DNS; utility failures; labor disputes not involving the affected party’s own employees; and supply-chain disruptions of critical components. If the event continues more than 90 days, either party may terminate the affected Services by written notice without further liability.

21.2 Assignment

Terrestream may assign these Terms in a merger, acquisition, reorganization, sale of assets, or similar transaction, on 30 days’ notice. If, within twelve (12) months after assignment, the assignee materially changes the Services or pricing in a manner adverse to You, You may terminate under §20.2 without penalty and receive a pro-rata refund of any prepaid subscription fees for the unused portion of the current term. You may not assign these Terms or any rights under them, except in connection with a permitted Device transfer per §3.7. Any other purported assignment by you is void.

21.3 No waiver; headings

Failure or delay to enforce any provision is not a waiver. Waivers must be written and signed by the waiving party. Headings are for convenience only.

21.4 Notices

Legal notices to Terrestream must be in writing to Aerodyne Inc., Attn: Legal, 8 The Green, Ste A, Dover, DE 19901, USA, and to terrestream.com/contact?dept=legal. Notices to you go to the account email and are deemed received 24 hours after transmission absent a bounce. Keep your account email current.

21.5 Export control and sanctions

You represent and warrant that you are not a national or resident of, and not located in, any country subject to a comprehensive U.S. or Canadian trade embargo, and are not on any U.S. or Canadian restricted-party list, including the U.S. Treasury Office of Foreign Assets Control (OFAC) Specially Designated Nationals List, the U.S. Commerce Department Entity List, or any list under the Special Economic Measures Act, S.C. 1992, c. 17 (SEMA). You will not export, re-export, or transfer the Device, Firmware, Mobile App, Web Dashboard, or any technical data in violation of the U.S. Export Administration Regulations (EAR), 15 C.F.R. Parts 730 to 774, OFAC sanctions, or the Export and Import Permits Act, R.S.C. 1985, c. E-19 (EIPA).

21.6 Government end-users

The Device, Firmware, Mobile App, Web Dashboard, and Services are “commercial items” under 48 C.F.R. § 2.101, consisting of “commercial computer software” and “commercial computer software documentation” under 48 C.F.R. § 12.212 and DFARS § 252.227-7014. U.S. Government end-users acquire them with only the rights set out in these Terms. Government of Canada procurements receive analogous commercial-item treatment.

21.7 Language

These Terms are drafted in English, which controls except as below. For Users resident in Quebec, Terrestream provides a French version as required by the Charter of the French Language, CQLR c. C-11, as amended by Bill 96. For Quebec consumer contracts the French version binds unless you expressly elect English in writing per Charter Art. 55.

21.8 Beta and early access

Terrestream may invite Users to beta, preview, or early-access programs. Beta features are provided “AS IS” and “AS AVAILABLE,” may be modified, suspended, or discontinued at any time without notice, and are not covered by §10. Participation is voluntary and subject to any additional terms at enrollment.

21.9 Mobile App store pass-through

21.9.1 Apple (iOS)

1. Not a party. These Terms are between you and Terrestream only. Apple Inc. (“Apple”) is not a party.

2. Sole responsibility. Terrestream, not Apple, is solely responsible for the Mobile App, its content, maintenance, support, and any warranty obligations that cannot be disclaimed.

3. Scope of license. Your license is a non-transferable license to use the Mobile App on any Apple-branded product you own or control, as permitted by the Apple Media Services Terms and Conditions and the App Store Usage Rules.

4. No Apple maintenance or support. Apple has no obligation to provide maintenance or support for the Mobile App.

5. Refund. If the Mobile App fails to conform to any applicable warranty that cannot be disclaimed, you may notify Apple, and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation; any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform are Terrestream’s sole responsibility.

6. Product and IP claims. Terrestream, not Apple, is responsible for addressing claims by you or any third party relating to the Mobile App, including product liability claims, claims that it fails to conform to any legal or regulatory requirement, claims under consumer protection or similar legislation, and any third-party intellectual property infringement claim.

7. Export control. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and are not on any U.S. Government list of prohibited or restricted parties.

8. Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms. On your acceptance, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you.

21.9.2 Google (Android)

Google LLC (“Google”) is not a party. Your use of the Mobile App must comply with the Google Play Terms of Service and the Google Play Developer Distribution Agreement. The provisions of §21.9.1 captioned Sole responsibility, Scope of license, No Apple maintenance or support, Refund, Product and IP claims, Export control, and Third-party beneficiary apply equally to Google, with “Google” substituted for “Apple” and “Google Play” substituted for “App Store” throughout. Google and its affiliates are third-party beneficiaries of these Terms and, on your acceptance, are entitled to enforce them against you.

21.9.3 Other app stores

If you obtained the Mobile App from another distributor, that distributor’s then-current pass-through terms are incorporated by reference.

21.10 CASL sender identification

For purposes of Canada’s Anti-Spam Legislation, S.C. 2010, c. 23 (CASL) (see §0.7), commercial electronic messages are sent on behalf of Terrestream (a brand of Aerodyne Inc.), 8 The Green, Ste A, Dover, DE 19901, USA; terrestream.com/contact?dept=casl. Each message includes an unsubscribe mechanism effective within 10 business days.

21.11 Accessibility

Terrestream targets conformance with the then-current Web Content Accessibility Guidelines (WCAG) at Level AA for the Web Dashboard and public Mobile App surfaces, and addresses Ontario’s Accessibility for Ontarians with Disabilities Act, S.O. 2005, c. 11 (AODA), and the Integrated Accessibility Standards Regulation, O. Reg. 191/11. The specific WCAG version and the current conformance status are described in Terrestream’s public accessibility statement at terrestream.com/accessibility, which Terrestream updates from time to time; report barriers to terrestream.com/contact?dept=accessibility.

21.12 Product recall and safety notification

Terrestream coordinates recalls with the U.S. Consumer Product Safety Commission (CPSC) under the Consumer Product Safety Act, 15 U.S.C. § 2051 et seq., and with Health Canada under the Canada Consumer Product Safety Act, S.C. 2010, c. 21. Notice issues by email, in-app notification, and posting at terrestream.com/recalls. Keep your account email current.

§22. Contact

22.1 Legal notices

terrestream.com/contact?dept=legal

22.2 Privacy Officer

In accordance with art. 3.1 of the Quebec Act respecting the protection of personal information in the private sector, Aerodyne Inc. designates:

• Title: Privacy Officer (Responsable de la protection des renseignements personnels)
• Web form: terrestream.com/contact?dept=privacy
• Postal address: Aerodyne Inc., c/o Privacy Officer, 1209 Orange Street, Wilmington, DE 19801, USA
• Mandate: point of contact for access, rectification, withdrawal-of-consent, and portability requests; for privacy complaints; and for any notice required by Applicable Privacy Law.

The individual occupying this role may be identified on written request via the form above.

22.3 Customer support

Operated by Aerodyne Inc. terrestream.com/contact?dept=support; help center at terrestream.com/support.

CUSTOMER SUPPORT IS NOT AN EMERGENCY SERVICE, A 911 DISPATCH CENTER, OR A MEDICAL ADVICE HOTLINE. THE DEVICE IS NOT A LIFE SAFETY DEVICE (SEE §4). CALL 911 (US) OR YOUR LOCAL EMERGENCY NUMBER (CANADA) IMMEDIATELY FOR ANY EMERGENCY; DO NOT CONTACT TERRESTREAM CUSTOMER SUPPORT IN AN EMERGENCY SITUATION.

22.4 Arbitration notices

terrestream.com/contact?dept=arbitration.

22.5 Security

terrestream.com/contact?dept=security. Machine-readable contact at terrestream.com/.well-known/security.txt. VDP at terrestream.com/security (see §16).

22.6 Accessibility

terrestream.com/contact?dept=accessibility (see §21.11).