Terrestream℠ Terms of Service

Publication does not immediately change an existing user’s agreement: applicable notice periods and acceptance govern under §20.5.

Version 2.0 · Effective September 27, 2026 · Aerodyne Inc. d/b/a Terrestream

These Terms of Service ("Terms") are a contract between you and Aerodyne Inc., doing business as Terrestream ("we" or "us"). They cover the Terrestream Indoor Air Quality Sensor, its firmware, our apps, web dashboard and website, and our cloud services. Please read section 0 first.

0. Key notices

0.1 Arbitration and jury waiver

YOU AND WE AGREE TO RESOLVE DISPUTES BY BINDING INDIVIDUAL ARBITRATION UNDER THE FEDERAL ARBITRATION ACT, NOT IN COURT, EXCEPT AS §19 ALLOWS. YOU WAIVE THE RIGHT TO A JURY TRIAL AND TO HAVE A JUDGE DECIDE YOUR DISPUTE. Consumers in Quebec, Ontario and British Columbia: see §19.11.

0.2 No class or mass actions

YOU MAY BRING CLAIMS AGAINST US ONLY AS AN INDIVIDUAL, NOT IN ANY CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL OR MASS PROCEEDING (§§19.6–19.7), except as §19.11 provides.

0.3 Not a life-safety device

THE DEVICE IS INFORMATIONAL ONLY AND IS NOT A LIFE-SAFETY DEVICE. IT DOES NOT DETECT SMOKE, FIRE, CARBON MONOXIDE, RADON OR GAS LEAKS, AND IT DOES NOT CALL 911. IT MEASURES CARBON DIOXIDE (CO₂), NOT CARBON MONOXIDE (CO). KEEP THE SMOKE AND CO ALARMS YOUR HOME AND LOCAL CODES REQUIRE. DON'T RELY ON THE DEVICE IN AN EMERGENCY (§4).

0.4 How you accept

You accept these Terms when you:

• create an account in the Apps, including with Apple or Google, by ticking a box confirming that you agree to these Terms and the Privacy Policy and that you're 18 or older, or, for an eligible invited minor, by giving the separate guardian-consent confirmation under §2.2 and §8.8;
• buy from us at terrestream.com, by ticking a box before you pay, whatever payment method you use;
• set up a Device, by tapping Accept & Continue on its welcome screen; or
• accept an updated version when we ask (§20.5).

We record what you accepted, the version, when, and where.

0.5 Version

Version 2.0, effective September 27, 2026, replaces version 1.1 (September 26, 2026). Existing users receive the applicable advance notice before this version applies to them under §20.5. Past versions are at terrestream.com/legal/archive.

0.6 30-day arbitration opt-out

New users may opt out of §§19.3–19.7 within 30 days after the earlier of their first Device activation or account creation (§19.9). If you already had an account or Device before this version, you also have 30 days after you first accept this version to opt out. A valid opt-out under an earlier version remains effective.

0.7 Electronic communications

Electronic records (United States). Under the E-SIGN Act (15 U.S.C. § 7001 et seq.), you agree that we may provide contracts, notices and records electronically: by email, in the Apps or on our website. You can withdraw this consent or ask for paper copies at terrestream.com/contact?dept=legal, but we may then be unable to provide the Services. You need email, internet access, and a current browser or our app on iOS 18 or later or Android 10 or later.

Commercial messages (Canada). We send commercial electronic messages only with your consent or as Canada's Anti-Spam Legislation (CASL) otherwise allows (§21.10).

Technical information. When you use the Apps or our website, our servers record technical details of each connection, such as IP address, request, app or browser version and errors. You consent to this so that we can run, secure and fix the Services, as the Privacy Policy describes. Optional website analytics and ad measurement run only with your permission under "Your Privacy Choices".

0.8 Plain-language summary

A plain-language summary is at terrestream.com/legal/summary. These Terms control.

1. Definitions

• "Apps": the Mobile App and the Web Dashboard.
• "Automated Outputs": scores, labels, indexes, estimates, forecasts, insights, suggestions, alerts, summaries and other outputs our software produces, including estimated values (such as TVOC) and text written by a language model.
• "Commercial User" and "Commercial Addendum": see §7.1.
• "Consumer": an individual using the Device or Services for personal, family or household purposes.
• "De-identified Data": data that can't reasonably be linked to you, your household or a specific Device.
• "Device": the Terrestream Indoor Air Quality Sensor (model R500) and successor models we name; the hardware only.
• "Firmware": the Device's software.
• "Life-Safety Device": a smoke alarm, carbon monoxide alarm, fire alarm system, gas-leak detector or other device certified under a life-safety standard, such as UL 217, UL 2034, NFPA 72, CAN/ULC-S531 or CSA 6.19.
• "Mobile App": our iPhone app and our Android app.
• "Pro": our paid plan (§8.2).
• "Readings": the Device's measurements, with timestamps, Device identifiers and Firmware version.
• "Services": our cloud services, the Apps, our website (terrestream.com), our developer tools (API tokens and webhooks), customer support and Firmware updates.
• "Third-Party Platform": a product or service we don't control that you connect, such as Home Assistant, an MQTT broker or a webhook destination.
• "Web Dashboard": our web app at app.terrestream.com.

2. The agreement

2.1 Scope

These Terms apply once you accept them (§0.4), with or without an account. We sell the Device for delivery to the United States, Canada and Mexico. The Device and Services aren't offered in the European Union or the United Kingdom.

2.2 Age

You must be 18 or older, or the age of majority where you live if higher, to accept these Terms or create an account independently. Where invited-minor enrollment is available, a person aged 13–17 (14–17 in Quebec) may create a restricted Family Circle account only through an invitation with recorded confirmation that the inviter is the parent or legal guardian or has that person's consent, followed by the invitee's personal acceptance under §8.8. This does not permit a minor to open an independent account or replace any guardian consent required by applicable law. Children under 13, or under 14 in Quebec, cannot join.

2.3 Accepting for an organization

If you accept for an organization, you confirm that you're authorized to. The organization is then bound and is responsible for everyone using the Services through its accounts; you aren't personally liable just because you accepted for it. Ordinary acceptance for an organization does not create a personal guarantee; liability for fraud or acting without authority remains subject to applicable law.

2.4 Entire agreement

These Terms, the Privacy Policy, any addendum that applies to you (such as the Commercial Addendum or the Mexico Consumer Addendum) and any order form we both sign are our entire agreement. They replace earlier marketing, spec sheets, sales communications and oral statements. A signed order form controls its commercial terms and an addendum its subject; otherwise these Terms control. No one can change these Terms orally (§20.5). A promotion or offer can't change §19 unless it names §19, says it changes it and gives you a new 30-day opt-out.

2.5 Severability

An unenforceable term is changed only as much as needed to make it enforceable, or removed if that's impossible, and the rest stays in effect. §19.10 governs §19.

2.6 Relationship

These Terms create no partnership, joint venture, agency, franchise or employment relationship.

2.7 No third-party rights

People who see Readings or Automated Outputs through you, such as household members, guests, buyers, agents, inspectors, lenders, landlords or tenants, aren't parties or third-party beneficiaries and can't rely on that data against us. Apple's rights are in §21.9. Ordinary sharing with your household or guests is fine; if others rely on your data, tell them its limits (§§5–6).

3. Licence and intellectual property

3.1 Licence

While you follow these Terms, we give you a limited, revocable, non-exclusive, non-transferable (except under §3.7) and non-sublicensable licence to use the Firmware on your Device and to use the Apps and Services, for personal use or, for Commercial Users, internal business use. It ends with these Terms or your account, but you may keep using the Firmware on a Device you own.

3.2 Ownership

We and our licensors own the Firmware, software, models, algorithms, APIs, infrastructure, documentation and other intellectual property in the Device and Services. Buying a Device gives you the hardware only.

3.3 Restrictions

You won't, and won't let others: (a) reverse engineer, decompile or disassemble the Firmware or Services, except where the law allows it despite this term; (b) circumvent secure boot, code signing, encryption or other protections; (c) make derivative works of them; (d) rent, lend, sell or sublicense the §3.1 licence (a §3.7 transfer is allowed); (e) copy or distribute them beyond authorized use; or (f) remove proprietary notices. Research under §16 and repairs under §15.3 are allowed.

3.4 Reserved rights

We reserve all rights not granted in §3.1. No licence arises by implication, estoppel or exhaustion.

3.5 Open source

The Firmware and Apps include open-source components, listed at terrestream.com/legal/open-source. Each component's licence governs it and controls over §3.3. Code we publish under an open-source licence, such as our Home Assistant integration, is governed by that licence.

3.6 Trademarks and patents

Terrestream℠ is a service mark of Aerodyne Inc.; the leaf logo and “Breathe Better. Live Smarter.®” are registered trademarks of Aerodyne Inc. Patents pending. Patent marking is at terrestream.com/legal/patents.

3.7 Transferring a Device

You may sell or give away your Device. First remove it from your account in the Apps, then factory-reset it; the reset erases its Wi-Fi details, settings and Home Assistant pairing. We aren't responsible for data left on a Device that wasn't reset. The new owner needs their own account and must accept these Terms. The warranty covers the rest of its original period (§10.1). Pro, its trial and any grandfathered features stay with your account.

4. Not a life-safety device

This section is a material term.

4.1 Informational only

The Device measures carbon dioxide (CO₂), temperature, humidity, barometric pressure, particulate matter (PM1.0, PM2.5, PM4.0 and PM10), a VOC index, a NOx index and ambient light, and calculates an indoor air quality index, for awareness and comfort. No Reading, alert, score or other Automated Output warns that a life-threatening condition exists or is imminent. The Device informs; it doesn't protect people or property.

4.2 Not certified

The Device isn't tested, listed or certified under any life-safety standard, including UL 217, UL 2034, NFPA 72, CAN/ULC-S531 and CSA 6.19, and carries no life-safety mark. No one is authorized to say otherwise.

4.3 What the Device doesn't do

The Device doesn't:

• detect smoke or fire;
• detect carbon monoxide. It measures CO₂, not CO. They are different gases, and a normal CO₂ reading tells you nothing about CO. Keep separate, certified CO alarms;
• detect radon;
• detect natural gas, propane, refrigerant or other gas leaks (its VOC and NOx indexes aren't gas or CO detectors);
• contact 911, emergency services or a monitoring center;
• sound a certified evacuation alarm; or
• have a battery or certified backup power.

4.4 Power and connectivity

The Device runs on USB-C power. If power fails, it stops measuring, displaying and communicating at once, without warning. Without Wi-Fi or our cloud, alerts, history and other cloud features stop, though the screen may still show current Readings. The Device therefore isn't suitable where continuous, supervised or backed-up monitoring is required, such as under NFPA 72.

4.5 Keep your required alarms

You agree to install and keep the smoke alarms, CO alarms and fire alarm systems that the law and your building and fire codes require, and to test and maintain them as their makers and those codes direct. The Device doesn't reduce those obligations or replace a Life-Safety Device (§14.1).

4.6 No reliance in an emergency

Don't rely on the Device, its Readings, Automated Outputs or notifications to decide whether there's an emergency. In an emergency, call 911 or your local emergency number. Except as §11.5 provides, including for death or personal injury caused by our negligence, you accept the risk that the Device may miss a hazard, read inaccurately, lose power or connection without warning, or fail to send an alert.

4.7 Safety acknowledgment and safety messages

In supported setup flows, before you add a Device to your account, the Apps show a one-screen acknowledgment, "Before you set up your sensor": Terrestream isn't a life-safety device and doesn't replace smoke or CO alarms; it measures CO₂, not CO; keep and test the alarms your home and local codes require; in an emergency, call 911 or your local emergency number; and readings, scores and suggestions are informational only. You confirm by tapping "I understand", and we record it.

Alerts and messages about smoke, gas, heat, cold or outdoor carbon monoxide carry a short qualifier, such as "Not a smoke alarm" or "Informational only", and every mention of carbon monoxide says that the Device doesn't detect it. Our Product Safety Program page (terrestream.com/legal/safety-program) describes these warnings.

5. Readings, scores and suggestions

5.1 Estimates, not facts

Automated Outputs come from statistical rules and models applied to Readings, outdoor data and your settings. Some text, such as the answers from our website's support assistant, is written by a language model; our Language Model Disclosures page, linked from terrestream.com/legal, lists these uses. Automated Outputs are estimates, not facts, and can be wrong even when they sound confident.

5.2 No warranty of accuracy

Automated Outputs are provided "as is" and "as available", with no warranty that they're accurate, complete, current, reliable, timely or fit for a purpose. This supplements §10.2.

5.3 Suggestions, not instructions

Suggestions, such as airing out a room, running a purifier, or considering keeping windows closed when an outdoor forecast shows poor air, are for you to weigh; they aren't instructions. No Automated Output tells you to ventilate, open or close windows, run heating or cooling, shelter in place or evacuate. During wildfire smoke, ozone episodes, industrial releases or other outdoor events, follow official advisories. Outdoor forecasts come from third parties and can be late, coarse or wrong. Where an outdoor forecast mentions carbon monoxide: this Device doesn't detect carbon monoxide. Keep your CO alarms.

TVOC values are estimates calculated from the VOC index, not chemical measurements. Scores and labels come from our own methods; other methods could give different results (§6.5). Mold-risk indicators are inferred from humidity, temperature and related patterns; the Device can't detect mold or hidden moisture, and a low indicator doesn't mean there's no mold. Occupancy and routine estimates are inferences from the air, not observations of people. Results vary with the building, climate, season, altitude, ventilation and placement.

5.4 Not professional advice

Don't rely on Automated Outputs as medical advice, diagnosis or treatment (including for asthma, allergies, COPD, sleep or any other condition); as occupational-health, industrial-hygiene, HVAC, legal, compliance, appraisal or investment advice; as an educational assessment or mold inspection; or to decide about a person's behavior, presence, routines, care, or eligibility for employment, housing, education, insurance, benefits or custody. Readings, dashboards, reports, letters, screenshots and exports are consumer-grade information, not evidence for lease, school, workplace, medical, legal, real-estate, regulatory or certification decisions without professional validation using reference-grade instruments.

5.5 Getting expert help

We recommend consulting a qualified professional, such as a physician, industrial hygienist, HVAC engineer or lawyer, before a significant health, remediation, HVAC or compliance decision based on the Device. For Commercial Users, this is required (Commercial Addendum).

5.6 No consequential automated decisions

Occupancy and recurring-routine analysis are enabled by default outside Quebec. In Quebec, or if we cannot determine the home’s applicable region, they remain off until an owner or co-owner explicitly activates them. An owner or co-owner can turn these two functions on or off in the web dashboard. An enabled default is not a record of affirmative consent. Air-quality readings, alerts and their detailed activity/source evidence remain available to all household members as described in Privacy §2.5.

We don't use Automated Outputs to make decisions about you with legal or similarly significant effects, such as on credit, employment, housing, health care, education or government services. The Privacy Policy explains your rights about automated processing and profiling, including under Quebec's Law 25.

5.7 Trust your senses and your alarms

A "good" Reading doesn't mean a space is safe. Symptoms, odors, visible smoke, official advisories and smoke, CO or gas alarms override anything the Device or Services show. The absence of an alert doesn't mean there's no hazard.

6. Accuracy and sensor care

6.1 Specifications

Accuracy, range and operating conditions are in the spec sheet (terrestream.com/legal/spec-sheet) and on our sensor-compliance page. They reflect lab conditions; real results vary with temperature, humidity, interfering gases and particles, placement, airflow and altitude.

6.2 Drift and failure

All environmental sensors drift. The photoacoustic CO₂ sensor self-calibrates by assuming it regularly sees outdoor-level CO₂, so in a space that's never aired out it may drift faster than it can correct. The optical particle sensor ages and is affected by dirt, heavy cooking and smoke, and the VOC and NOx sensors usually degrade sooner. Expect significant drift after about five years of continuous use. Sensors can also fail suddenly, including by showing normal readings when conditions aren't normal, and no self-check catches every failure. Drift is normal and isn't a warranty defect.

6.3 Checking your Device

We recommend comparing the Device with a known reference from time to time, following calibration guidance in the Apps, and replacing the Device when its accuracy no longer meets your needs, which you decide. For Commercial Users, verification is required (Commercial Addendum).

6.4 Not reference-grade

The Device is a consumer-grade sensor, not a reference-, laboratory- or regulatory-grade instrument. Don't make its data the only basis for a decision that normally needs one, such as an occupational-health assessment, regulatory compliance, a legal proceeding or a real-estate transaction.

6.5 Band labels

Some screens use labels borrowed from the US EPA's Air Quality Index, such as "Good", "Moderate", "Unhealthy for Sensitive Groups", "Unhealthy", "Very Unhealthy" and "Hazardous", or risk labels from Canada's Air Quality Health Index. Those indexes are for outdoor air, and the EPA publishes no indoor equivalent. Our labels apply our interpretation of comparable thresholds to indoor Readings. They aren't a government rating, a regulatory determination or a medical diagnosis.

7. Business and commercial use

7.1 The Commercial Addendum

You're a "Commercial User" if you use the Device or Services in a commercial, institutional, educational, health-care or multi-tenant setting, or order through Terrestream Facilities. Our "Commercial Addendum" (linked from terrestream.com/legal) then also applies. It covers building-standard and regulatory statements, fleet and account administration, notice to occupants, verification duties, commercial indemnity and Facilities orders, and it controls over these Terms for Commercial Users. It doesn't apply to Consumers using the Device at home.

7.2 Facilities text alerts

Terrestream Facilities, including its optional text-message (SMS) alerts, is governed by the Commercial Addendum and its SMS program terms. SMS alerts go only to people who consent. Message frequency varies, and message and data rates may apply. Reply STOP to opt out or HELP for help. SMS alerts can be delayed or not delivered, and they aren't an emergency service.

7.3 Data processing agreement

A Commercial User that needs us to process personal information on its behalf can enter into our Data Processing Agreement (terrestream.com/legal/dpa).

The Commercial Addendum’s Facilities closure policy applies with or without a DPA: after the contractual end date, no customer election means deletion from active systems after 90 days, subject to required retention and legal holds. An elected return follows the applicable agreement. After verified delivery of an elected return, we delete the active copy by the same 90-day deadline measured from contractual termination or expiration. If delivery is not verified, we escalate the case rather than erase the only undelivered return copy. We retain only records that applicable law requires or that are subject to a valid legal hold, restrict their use to that purpose, and delete them when that reason ends. Applicable mandatory shorter deadlines and an existing signed agreement control.

7.4 What still applies

For Commercial Users, these Terms apply except where the Commercial Addendum or a signed order form says otherwise.

8. Plans, payments and returns

8.1 Plans

• Standalone Mode is free, needs no account and lasts for the life of the Device (§9.1).
• Free plan. Every account gets the Free plan at no charge: the Apps, alerts, 90 days of history, Family Circle (§8.8) and local integrations (§9.1).
• Pro adds the features in our Current Feature Matrix (terrestream.com/legal/tier-features), such as history beyond 90 days, API tokens and webhooks. The matrix lists only features that are available.

Using your privacy rights and deleting your account are free on every plan and won't move to Pro.

8.2 Pro: trial, renewal and cancellation

Availability. Pro is not offered for new purchases at this time. The following terms apply to existing subscriptions and to an offer only where it becomes available. A future offer must show its actual price, trial and renewal terms before purchase.

Buying, where available. You can buy Pro in the Web Dashboard, billed monthly or annually through Stripe, at the price and in the currency shown before you buy.

Free trial, where offered. Pro starts with a 90-day free trial. You need a payment method on file, and each account gets one trial.

Automatic renewal. Unless you cancel before your trial ends, the trial automatically becomes a paid Pro subscription, and we charge the price shown at checkout to your payment method. The subscription then renews automatically every month or year, at the then-current price, until you cancel.

What we tell you. Before you buy, checkout shows the price, billing frequency, trial length and end date, that the trial converts to paid automatically, and how to cancel. You agree to automatic renewal separately from these Terms. We then email you a confirmation you can keep, a reminder 3 to 21 days before your trial ends and, for annual plans, a reminder at least 15 days before each renewal.

Cancelling. You can cancel online at any time through Manage billing in the Web Dashboard, which opens the secure Stripe billing page, or by asking Customer Support (§22.3). Cancel during the trial and you pay nothing. Cancel a paid subscription and Pro lasts until the paid period ends, with no further charges. Your account then moves to the Free plan. Refunds are in §20.3.

Price changes. We may change Pro prices for future periods. We give at least 30 days' notice of a price increase or other material change to renewal terms, explain how to cancel, and obtain renewed affirmative consent before charging a materially changed price.

Quebec. A fixed Pro term longer than 60 days, such as an annual plan, renews as a contract of indeterminate duration billed monthly, not as another fixed term (Consumer Protection Act, CQLR c. P-40.1, arts. 214.1–214.13). For Quebec consumers, cancellation takes effect when you send notice or on the later date you specify. We apply the refunds and other protections required by Quebec law. We send the reminder 90 to 60 days before a fixed term renews (art. 214.4).

No mid-term cuts. During a period you've paid for, we won't materially reduce your Pro features unless it's reasonably needed for legal compliance, a security, privacy or Firmware-integrity risk, protecting other users, a third-party infrastructure failure or force majeure (§21.1).

8.3 Payments

Our store. Stripe processes payments at terrestream.com. You can pay by card or a payment method actually displayed at checkout; availability depends on your location, device and the payment provider’s checks. We don't receive or store full card numbers. A payment partner's own terms and privacy policy govern your payment through it and, for Klarna, Affirm and Afterpay, any installment plan, credit check, fees and collection. We aren't a party to those agreements.

Currency and tax. We show prices in US dollars, Canadian dollars or Mexican pesos, based on the country your connection appears to come from; the "Prices in" links let you switch. Checkout shows shipping and tax before you pay.

Failed payments and disputes. If a Pro payment fails, we or Stripe will tell you, and if it stays unpaid, Pro ends. Please contact us before disputing a charge. If you dispute a charge that was properly made, we may suspend Pro or your account while the dispute is open.

Other sellers. If you bought from an authorized reseller, its payment and refund terms apply, and our warranty (§10) still applies.

8.4 Service changes and end of life

Changes. We may change, suspend or stop any part of the Services, with reasonable notice where practicable, or immediately for a security threat, a legal order or a third-party failure. We may set reasonable usage limits. We aren't responsible for failures of the providers we depend on, such as hosting, network and outdoor-data providers, app stores and Apple and Google push services.

Plan changes. We may add, move or retire features, or change Pro prices or the trial, for the future. Before removing a Free-plan feature that a typical household would consider central, we'll give 30 days' notice and ask you to accept the change (§20.5); if you don't, it applies when the notice period ends. If a Free-plan feature moves to Pro, accounts that activated a Device before we announced the change keep it free for 12 months while in good standing. The always-free features in §8.1 won't be reduced.

End of life and shutdown. Our End-of-Sale and End-of-Life schedule is at terrestream.com/legal/eol. At end of life, cloud features stop and the Device keeps working as a standalone display. If we shut down the Services while solvent, including after an acquisition, we'll use commercially reasonable efforts to give at least 30 days' notice by email and in the Mobile App, keep a data export available for a reasonable time, and refund unused prepaid Pro fees. If we become insolvent, the Services may stop without that notice or export window; where feasible and lawful, we'll try to allow 30 days to export and coordinate refunds through the proceeding. Your rights as a creditor, including under 11 U.S.C. § 365, the Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act, are preserved.

No service levels. The Services are provided "as is" and "as available", with no uptime commitment or service credits unless a separate signed agreement says so.

8.5 Returns and dead-on-arrival Devices

For Devices bought at terrestream.com (see terrestream.com/returns):

• 30-day returns. You can return a Device within 30 days after delivery for any reason, even if you've opened and used it, with everything that came in the box and no damage beyond normal use. You pay return shipping. We refund the purchase price to your original payment method; a payment partner applies the refund under its terms, for example by reducing or cancelling installments.
• Restocking fee. There's none on your first return. Later returns of opened, non-defective Devices may carry a fee of up to 15% where state or provincial law allows, but never for a defective Device or a return the law requires us to accept.
• Dead on arrival. If a Device doesn't power on or pass its self-test within 14 days after delivery, we replace it free and pay for return shipping.
• How. Open a request at terrestream.com/contact?dept=support with your order number to get return (RMA) instructions.

Devices bought elsewhere follow the seller's return policy, and our warranty (§10) still applies. Mandatory consumer law also applies, and Quebec and Ontario law prevails where it gives you stronger rights.

8.6 Inactive accounts

If, for 24 months in a row, you don't sign in to the Apps and none of your Devices sends Readings, we may delete your account (§8.7) after emailing you at least 60 days ahead. Any prepaid amounts are handled as unclaimed-property laws require.

8.7 Your data when things end

• Pro ends. Your account moves to the Free plan and shows the most recent 90 days of history. We keep older history in case you return to Pro, unless you set a shorter retention period or delete it or your account.
• You delete your account. Your account access and sessions end immediately. We delete or anonymize private data under the scoped process in Privacy §7.2. Shared household records and rules may remain for other members, with creator identity removed where applicable. Required proof and legal records remain as described there; billing and final-delivery cleanup may require retries. Download your data first: the Apps link to an export, and terrestream.com/privacy/data takes requests. Your Devices are removed from your account and keep showing Readings on their own screens. De-identified Data isn't affected (§18.2).
• We end your account (§20.1). The same applies. Where practicable and lawful, we'll let you export your data first.

8.8 Family Circle

Family Circle lets a home's owner share the home with others. It's free on every plan, for up to six people per home, including the owner.

Roles. Owner, Co-owner, Family member, Guest and Aging Dependent. The Owner and Co-owners invite and remove people and change roles in the Web Dashboard.

Joining. Each invitee gets an email explaining what members can see and how to leave, and must sign in and accept the invitation personally. That acceptance is their consent. Members see the home's rooms, current and past Readings, air-quality alerts and their detailed cooking, cleaning and presence evidence, air-quality insights, and the names and email addresses of the other members, including the owner. Home coordinates and separate presence/routine views are visible only to owners and co-owners. Members cannot see billing details.

Ages. No one under 13 can join, or under 14 in Quebec. People aged 13 to 17 can join only if the inviter confirms that they are the parent or legal guardian, or have that person's consent, and that confirmation is recorded. The invitee must personally accept the invitation; this does not remove the contractual-capacity review in §2.2.

Leaving. Members can leave at any time from Settings in the Web Dashboard, and the Owner or a Co-owner can remove anyone at any time, effective immediately. The home's Readings and history stay with the home.

Invite only people who want to join, and don't use Family Circle to monitor anyone without their knowledge.

9. Device modes and integrations

9.1 How the Device connects

• Standalone Mode. The Device isn't on Wi-Fi. It shows current Readings on its screen, doesn't save them to upload later, needs no account and sends nothing over the internet.
• Connected Mode. The Device is on your Wi-Fi and sends Readings to our cloud, which powers the Apps, alerts and history. Cloud upload is on by default whenever the Device is on Wi-Fi.
• Local-only Mode (Firmware 4.1.0 or later). You can turn cloud upload off from a Home Assistant paired with the Device. The Device then stops sending Readings to our cloud, so the Apps and alerts get no new Readings from it. It still contacts our servers to check for Firmware updates and confirm they installed, sending its identifier and Firmware details but no Readings. A factory reset turns cloud upload back on.

Local integrations. On Wi-Fi, in Connected or Local-only Mode, you can also:

• publish Readings to an MQTT broker you choose, over an encrypted (TLS) MQTT 5 connection with Home Assistant MQTT discovery. You turn this on in the Device's settings. MQTT needs internet access so the Device can set its clock (network time, NTP).
• pair the Device with Home Assistant (Firmware 4.1.0 or later) using our Home Assistant integration: tap Pair on the Device and enter the eight-digit code it shows. The Device announces itself on your local network and accepts commands only from a paired Home Assistant.

These integrations need no account or plan and run over your local network, not through our cloud; only Local-only Mode stops cloud upload. The Device has no open local HTTP interface. Apart from the Home Assistant link, it serves a local web page only on its temporary setup hotspot, for Wi-Fi setup from a browser, and runs a short-lived pairing service while you pair Home Assistant.

Bluetooth. The Apps use Bluetooth to set up the Device (the Web Dashboard only in browsers that support Web Bluetooth), and the Mobile App also uses it to change some Device settings. Otherwise, the Apps communicate with our cloud, not with the Device.

Other platforms. We don't offer our own Apple Home, Google Home, Amazon Alexa or Samsung SmartThings integrations. You can reach them through your own Home Assistant setup.

Cloud tools (Pro). API tokens and webhooks send your data from our cloud to services you choose (§9.6).

9.2 No endorsement

An integration isn't an endorsement or warranty of a Third-Party Platform, which has its own terms and privacy policy.

9.3 Automations

We don't recommend using Readings to control equipment such as heating, ventilation, humidifiers, fans, dampers, windows or smart plugs. If you do, it's at your own risk. Automations run on Third-Party Platforms and your equipment; we only send the Readings, alerts or events you set up. To the fullest extent the law allows, and subject to §11.1, we aren't liable for property damage, health effects (including from letting in polluted outdoor air), energy costs, or harm from delayed, failed, duplicated or stale triggers. Consider safeguards such as run-time limits, independent thermostats or humidistats, weather interlocks and manual overrides, because drift and lost connections can make automations misfire or fail silently.

9.4 No safety-critical automation

Don't use the Device or any integration to trigger, or as the only input to, anything whose failure could create a life-safety hazard, a security failure or significant property damage, such as gas shutoff valves, fire suppression or smoke control, emergency ventilation, locks, gates, access control, alarm arming, or medical or life-support equipment. Redundant sensors or overrides don't make it acceptable. Breaking this rule is a material breach (§14.3).

9.5 Integrations can change

Integrations are provided "as available" and may change or stop, without notice, if a Third-Party Platform changes or for technical, legal or business reasons. Having one when you buy doesn't entitle you to keep it, and no refund is owed.

9.6 Data you send to others

When you connect a Third-Party Platform, create an API token or set up a webhook, you direct us, or the Device, to send your data to that destination. Its terms and privacy policy then apply, and we aren't responsible for its use of the data. Anyone holding one of your API tokens can read your data as far as the token allows, so keep tokens and webhook secrets safe. You can revoke tokens and delete webhooks in the Web Dashboard. Your sharing must be lawful.

9.7 Check your automations

We don't monitor your automations and integrations. Check them regularly, and don't rely on an automation alone to show that the Device is working.

10. Limited warranty

10.1 One-year limited hardware warranty

Coverage. Aerodyne Inc. warrants that the Device and accessories supplied with it, including the USB-C cable and power adapter when supplied, will be free from defects in materials and workmanship under normal use for one year from its original purchase from us or an authorized reseller (the "Warranty Period"). The warranty covers the original buyer and later owners for the rest of the Warranty Period, with proof of the original purchase.

What we'll do. For a covered defect, we'll repair the Device or covered accessory, or replace it with a new or refurbished item of equal function, at our choice, and ship it back at our cost. A replacement is covered for the rest of the Warranty Period or 30 days after delivery, whichever is longer. Repair or replacement is your only remedy under this warranty, subject to §10.3.

Not covered. Normal wear, cosmetic damage, sensor drift (§6.2), and damage caused by accident, misuse, abuse, neglect, liquids, power surges or voltage fluctuations, non-conforming power adapters, use outside the published specifications, not following the Device's instructions, or a modification or repair that caused the problem. Using other parts or service doesn't by itself void this warranty, but we don't cover damage they cause (§15.2).

Claims. Contact terrestream.com/contact?dept=support, or write to Aerodyne Inc., Attn: Warranty Service, 991 Providence Hwy, Ste 1149, Norwood, MA 02062, USA, with your order number or proof of purchase and a description of the problem. We'll send an RMA number and shipping instructions. You pay inbound shipping for the Device or covered accessory where the law permits; mandatory local consumer rights take priority, and we pay inbound shipping where those rights require it. Pack the item safely and mark it with the RMA number; we may refuse packages without one. We may ask for your help diagnosing the problem. §8.5 covers 30-day returns and dead-on-arrival Devices.

Full text. The warranty is published at terrestream.com/legal/warranty, so you can read it before you buy.

10.2 Disclaimer of other warranties

HARDWARE. WE DO NOT DISCLAIM IMPLIED WARRANTIES THAT APPLY BY LAW TO THE DEVICE OR COVERED ACCESSORIES. TO THE EXTENT THE LAW PERMITS A DURATION LIMIT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE ONE-YEAR WARRANTY PERIOD. LONGER MANDATORY WARRANTIES AND RIGHTS REMAIN UNAFFECTED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU.

SERVICES AND SOFTWARE. TO THE FULLEST EXTENT THE LAW ALLOWS, THE SERVICES, AUTOMATED OUTPUTS AND APPS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OR QUIET ENJOYMENT, OR WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT WARRANT UNINTERRUPTED, ERROR-FREE OR SECURE SERVICES, OR READINGS OR AUTOMATED OUTPUTS SUITABLE FOR CERTIFICATION, COMPLIANCE OR HEALTH AND SAFETY MONITORING. THIS DOES NOT CANCEL HARDWARE COVERAGE OR MANDATORY CONSUMER RIGHTS.

10.3 Your rights under the law

Some states don't allow limits on how long an implied warranty lasts, or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state and province to province.

• Massachusetts. The disclaimer of the implied warranties of merchantability and fitness for a particular purpose doesn't apply to Massachusetts consumers (M.G.L. c. 106, § 2-316A).
• Quebec. For consumers in Quebec, the legal warranties under articles 37 and 38 of the Consumer Protection Act, and the durability, repairability and maintenance rules added by S.Q. 2023, c. 25, can't be excluded, limited or waived, and Quebec law prevails over this §10.
• Ontario, British Columbia and other provinces. Mandatory consumer laws, including Ontario's Consumer Protection Act, 2002 and British Columbia's Business Practices and Consumer Protection Act, prevail over this §10. Any implied warranty that can't be excluded lasts for the minimum period those laws require.
• Mexico. For consumers in Mexico, the Mexico Consumer Addendum sets out your warranty rights under the Ley Federal de Protección al Consumidor.

Written-warranty claims are excluded from mandatory negotiation and arbitration as stated in §19.

10.4 Useful life

Drift is addressed in §6.2. The Warranty Period defines the duration of this limited warranty; it is not a statement that the Device's useful life is one year and does not limit mandatory durability rights. Accuracy, calibration and support-period disclosures in §§6 and 8.4 remain subject to those rights.

11. Limitation of liability

11.1 Cap

To the fullest extent the law allows, our total liability to you for all claims arising out of or relating to these Terms, the Device or the Services, under any theory (including contract, tort, negligence, strict liability, warranty and statute), is limited to the greater of (a) what you paid for the Devices on your account and (b) the fees you paid us in the 12 months before the event giving rise to the claim. This is a total, not a per-incident, limit.

11.2 No indirect damages

TO THE FULLEST EXTENT THE LAW ALLOWS, NEITHER WE NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS OR SUPPLIERS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS, THE DEVICE OR THE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY, EVEN IF THEY WERE FORESEEABLE OR WE KNEW THEY WERE POSSIBLE.

11.3 Examples of excluded damages

Without limiting §11.2, and whether direct or indirect, we aren't liable for: lost profits, revenue or opportunities; business interruption; lost or denied building certifications, green-building credits or tax incentives; property damage from mold, moisture or other environmental conditions; remediation costs; health-related claims, such as sick building syndrome, respiratory illness, allergic reactions or chronic chemical exposure (subject to §11.5(b)); regulatory fines and penalties; lost data (except as §8.7 provides); the cost of substitute goods or services; property damage from automations (§9.3); or educational or human-performance outcomes. This list is illustrative and subject to §11.5.

11.4 Separate services

The Device and each of the Apps are separate services, and an outage in one isn't a failure of another. The cap in §11.1 covers them all together. §13.6 explains when a security lapse on your side reduces our obligations.

11.5 What we don't limit

Nothing in these Terms limits our liability for: (a) gross negligence or willful misconduct, including under California Civil Code § 1668; (b) death or personal injury caused by our negligence; (c) fraud or fraudulent misrepresentation; or (d) any other liability that can't be limited or excluded under applicable law, including statutory remedies under the California Consumer Privacy Act, the Magnuson-Moss Warranty Act, Quebec's Consumer Protection Act and article 1474 of the Civil Code of Québec. For consumers subject to the Civil Code of Québec, the caps and exclusions in this §11 don't apply to bodily or moral injury or to damage caused by our intentional or gross fault.

11.6 One-year limit on claims

To the fullest extent the law allows, you must bring any claim arising out of or relating to these Terms, the Device or the Services within one year after you knew or should have known of the facts giving rise to it. This doesn't shorten: (i) the Warranty Period; (ii) the time for a death or personal-injury claim, including product-liability and wrongful-death claims; (iii) the time for a consumer-protection, privacy or product-liability claim where the law doesn't allow a one-year contractual limit; (iv) the time for claims under Quebec's Consumer Protection Act or Civil Code, Ontario's Consumer Protection Act, 2002, British Columbia's Business Practices and Consumer Protection Act or similar Canadian laws; or (v) any other period that can't be shortened by contract. Where the law doesn't allow one year, the shortest period it allows applies. §19.2 and §19.7 pause this period in some cases.

11.7 Basis of the bargain

These limits fairly allocate risk and are a basic part of our bargain; without them, we couldn't offer the Device and Services at these prices. They apply even if a limited remedy, including repair or replacement under §10.1, fails of its essential purpose, to the extent the law allows, including under UCC § 2-719(2).

12. Indemnity

12.1 Your indemnity

You'll indemnify, defend and hold harmless Aerodyne Inc. and its officers, directors, employees, agents and affiliates against third-party claims, losses, damages, judgments, settlements, costs and reasonable legal fees, to the extent they arise from (a) your willful misconduct or (b) your use of the Device or Services in violation of law. Ordinary home use, including sharing Readings with your household or guests, doesn't trigger this. Commercial Users give a broader indemnity in the Commercial Addendum. This does not cover our own wrongful conduct.

12.2 How it works

We'll tell you promptly about a claim we want you to cover; a delay matters only if it materially prejudices you. You'll defend it at your expense with counsel reasonably acceptable to us, or we may defend it at your expense. You can't settle it in a way that imposes an obligation or admission on us, or doesn't fully release us, without our written consent. We may join the defense with our own counsel at our own expense.

13. Security

For Consumers, §13.3 and §13.5 are recommendations. The Commercial Addendum sets requirements for Commercial Users.

13.1 Your network

You agree to connect the Device only to a Wi-Fi network protected by WPA2 or WPA3 with a non-default password, not to open or public networks. Where you can, put smart-home devices on a separate network, such as a guest network.

13.2 Your account

You agree to use a strong password that you don't use elsewhere, keep it private, and turn on two-step verification where we offer it. Don't share your login; invite people through Family Circle instead (§8.8). Remove access for people who no longer need it.

13.3 Updates

Firmware updates install automatically (§15.1). We recommend keeping the Mobile App up to date and using a current browser.

13.4 Reporting problems

Tell us promptly at terrestream.com/contact?dept=security if you suspect that your Device or account has been compromised, or if you find a vulnerability (§16). As Quebec law requires, we report confidentiality incidents that present a risk of serious injury to the Commission d'accès à l'information and to the people affected.

13.5 People in your home

If other people live in or visit your home, we recommend telling them about the Device and what it measures. Our in-home notice (terrestream.com/legal/in-home-notice) has wording you can use.

13.6 Security lapses and claims

If harm you claim was materially caused by your failure to follow §13.1 or §13.2, our warranty and liability obligations are reduced to the extent of that contribution, but only where there's a direct causal link.

13.7 Organizations

An organization is responsible for its administrators and users. The Commercial Addendum sets out account administration and fleet requirements.

14. Acceptable use

Don't use, or let anyone else use, the Device or Services in the ways below. A breach is material and may lead to suspension or termination (§20.1). It reduces our warranty or liability obligations only if it's a breach of §14.1, §14.3 or §14.5 that materially caused the harm claimed.

14.1 Replacing safety equipment

Don't use the Device in place of a Life-Safety Device.

14.2 Unlawful use

Don't use the Device or Services unlawfully, including to record or monitor people unlawfully.

14.3 Safety-critical control

Don't connect Readings or Automated Outputs to any automated control whose failure could create a life-safety hazard, a security failure or significant property damage (§9.4), even with validation, redundant sensors or manual overrides.

14.4 Misrepresenting data

Don't present Readings or Automated Outputs as certified, reference-grade, laboratory-grade or regulatory-compliant, or as meeting an EPA Federal Reference or Equivalent Method. If you use Device data in a regulatory, legal or compliance setting, clearly disclose that it's consumer-grade and has the limits in §§5–6.

14.5 Unauthorized modification

Don't modify, reflash or replace the Firmware, or bypass secure boot or code signing, except as the law, §15.3 or §16 allows.

14.6 Abuse

Don't scrape or overload the Services, evade rate limits, or exploit a bug or vulnerability to get unauthorized access or data.

14.7 Prohibited content

Don't submit User Content that breaks §17.2.

15. Firmware updates and repair

15.1 Automatic updates

When the Device is on Wi-Fi, it checks for Firmware updates about once a week and installs them automatically; you can also check on the Device. Updates are signed, and the Device verifies the signature before installing. Updates may change or remove features, fix security issues, and change how Readings and Automated Outputs are calculated. By connecting the Device to Wi-Fi, you consent to them. Where practicable, we'll give advance notice of updates that materially change how the Device works; security fixes may install without notice. iPhone app updates come through the App Store. Our Android app checks our website for a new version at most once a day when you open it, and asks before installing.

If an update breaks your Device. If one of our signed Firmware updates leaves the Device unable to power on, pass its self-test or take measurements under normal use, contact Customer Support (§22.3). At our choice, we'll roll back the update, or repair or replace the Device on the terms of §10, even after the warranty ends. This doesn't apply if the failure was caused by a modification (§15.2), third-party Firmware or use outside the published specifications.

15.2 Modifications

Modifying the Device or its Firmware doesn't by itself void the warranty. But the warranty doesn't cover damage or defects that a modification causes, and we aren't responsible for the security, privacy or data-integrity problems it causes. If we can't verify that a Device runs our signed Firmware, we may suspend that Device's access to our cloud. We'll email you first and give you a reasonable chance to respond, unless an urgent security risk requires immediate action. Suspension doesn't affect the Device's screen or local Readings, and no refund or credit is owed for it.

15.3 Right to repair

We comply with the right-to-repair laws that apply to the Device, such as those of California, Colorado, Minnesota, New York and Oregon, depending on the product, its price, the law's effective date and where you live. Where those laws require it, we make available, on fair and reasonable terms, parts lists, basic diagnostic procedures and tools, and repair documentation for user-serviceable parts. Relying on those laws' security exceptions, we don't provide secure-boot or code-signing keys, Firmware source code (other than open-source components), model parameters or training data, or cloud credentials and keys. After a model's end of life, these obligations continue for the period the law requires, and where the law requires it we'll document how to use the Device without our cloud. We aren't responsible for security, accuracy or privacy problems caused by repairs outside our process. Your open-source licence rights are unaffected.

16. Security research

16.1 We welcome research

We welcome good-faith security research on the Device, Firmware, Apps and Services.

16.2 What's allowed

If you act in good faith and within our Vulnerability Disclosure Policy (terrestream.com/security), you may do what §3.3 and §14.5 would otherwise prohibit, but only to find, confirm and report vulnerabilities. That includes limited reverse engineering, probing and modification of a Device you own or control, as the policy allows.

16.3 Safe harbor

We treat research within the policy as authorized access under the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and similar laws, including section 342.1 of Canada's Criminal Code. We won't bring civil or criminal action against a researcher for research that, in our good-faith judgment, follows the policy and this §16.

16.4 What isn't covered

The safe harbor doesn't cover taking or keeping more data than you need to show an issue, denial-of-service testing against our live Services, social engineering, physical attacks on our facilities, or anything that harms other users or accesses their data without consent. These remain prohibited under §14.

16.5 How to report

Report vulnerabilities at terrestream.com/contact?dept=security or to the contact in terrestream.com/.well-known/security.txt. We'll acknowledge your report within a reasonable time and coordinate disclosure timing with you.

17. Your content and feedback

17.1 Feedback

"Feedback" means suggestions, ideas, feature requests or bug reports that you deliberately send us, such as through terrestream.com/contact?dept=feedback, but not what you tell support staff or post on social media. You give us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, transferable and sublicensable licence to use Feedback for any purpose, without payment or credit. You keep your moral rights, including under Canada's Copyright Act; we won't falsely attribute Feedback to you or use it to harm your honor or reputation. You confirm that you may give it.

17.2 User Content

"User Content" means content you add in the Services, such as names for homes, rooms and Devices, and notes or reports. It doesn't include Readings, Automated Outputs or Feedback. You own it. You give us a non-exclusive, worldwide, royalty-free licence to host, store, copy, process, display and transmit it only as needed to run the Services, including through our service providers. We won't use it in marketing without your consent. The licence transfers only with the Services themselves, on terms at least as protective, and ends when you delete the content, except for copies we can't reasonably recall, such as backups until they expire.

Don't add content that infringes someone's rights, includes another person's personal information without permission, is unlawful, defamatory, harassing, threatening, hateful or obscene, or presents Readings as certified. We don't have to monitor User Content, but we may remove it, suspend accounts for serious or repeated violations, and preserve or disclose it when the law requires or to protect people. Removal isn't a finding of liability. When you delete User Content or your account, we delete it as the Privacy Policy describes.

17.3 Reporting content

Report content that infringes someone's rights or breaks the law at terrestream.com/contact?dept=legal, with the content, the reason and your contact details. Counter-notices go to the same address. We end the accounts of repeat infringers in appropriate cases.

17.4 Section 230

For claims under US law, we're an interactive computer service under Section 230 of the Communications Decency Act (47 U.S.C. § 230) for User Content. Nothing in these Terms waives any Section 230 protection or any defense available to the person who created the content.

18. Privacy

18.1 Privacy Policy

Our Privacy Policy (terrestream.com/legal/privacy) explains how we collect, use, share and keep personal information, and your rights. It's part of this agreement, and it controls if this §18 conflicts with it.

18.2 De-identified data

You allow us to create De-identified Data from Readings and other data, using the Privacy Policy's safeguards, and to use it to operate, improve and develop our products and to study indoor air. We may share De-identified Data with researchers for research, under written terms that prohibit re-identification. We don't sell or license De-identified Data. This permission survives the end of these Terms (§20.4).

18.3 Where data is processed

We process personal information mainly in the United States. Some of our service providers process it in other countries, as the Privacy Policy and our sub-processor list explain. Before personal information about Quebec residents is communicated outside Quebec, we assess the transfer as Quebec law requires.

18.4 Security

We use reasonable safeguards, which the Privacy Policy describes. No system is completely secure.

18.5 Children

The Services aren't directed to children. The independent-account age rule and conditional invited-minor exception are in §2.2. We don't knowingly collect personal information from children under 13, or under 14 in Quebec, and they can't join a Family Circle (§8.8).

19. Resolving disputes

THIS SECTION REQUIRES BINDING INDIVIDUAL ARBITRATION AND WAIVES JURY TRIALS AND CLASS, COLLECTIVE, MASS AND REPRESENTATIVE PROCEEDINGS. YOU CAN OPT OUT OF §§19.3–19.7 WITHIN 30 DAYS (§19.9).

Claims under our written limited hardware warranty are not subject to mandatory arbitration or the 30-day negotiation requirement in §19.2. Other court provisions apply only to the extent permitted by law, with applicable local consumer protections preserved. You may bring those claims in a court with jurisdiction. Contacting support is optional and does not postpone or limit your legal rights.

19.1 Governing law

Delaware law governs these Terms and any dispute about them, the Device, the Firmware or the Services, without regard to its conflict-of-laws rules. The Federal Arbitration Act governs the interpretation and enforcement of §19, because these Terms involve interstate commerce. The UN Convention on Contracts for the International Sale of Goods doesn't apply. §19.11 sets out exceptions.

19.2 Try to resolve it first

This requirement does not apply to written-warranty claims, as stated at the start of §19. Before starting another arbitration or court case, the party with a dispute must send the other a written Notice of Dispute describing it and the relief sought (including any amount), with the sender's name, address, email and phone number. Send notices to us as §22.4 describes; we'll send them to the email on your account. We'll both negotiate in good faith for 30 days after the notice is received, and either of us may ask for a settlement conference by phone or video. Neither of us may start a case until those 30 days end. Deadlines, including §11.6, are paused during that time to the extent the law allows.

19.3 Binding individual arbitration

Any unresolved dispute will be decided only by final and binding individual arbitration, except for written-warranty claims as stated at the start of §19 and as §§19.5, 19.11 and 19.12 provide. This covers claims of every kind arising out of or relating to these Terms, the Device or the Services, including contract, tort, statutory and regulatory claims, and claims under the California Invasion of Privacy Act and similar state privacy and wiretap laws. The American Arbitration Association ("AAA") will administer the arbitration under its Consumer Arbitration Rules in effect when the demand is filed. A single arbitrator will decide the dispute and may award any relief a court could, subject to §11 and §19.6.

19.3.1 Who decides arbitrability

The arbitrator has exclusive authority to decide all questions of arbitrability, including the existence, validity, scope and enforceability of this §19, except that a court decides whether §19.6 is enforceable. This delegation is severable and survives even if another part of §19 is found unenforceable.

19.4 Place, language and fees

The arbitration will be seated in Wilmington, Delaware. For claims under $75,000, you may choose to hold it in the US county or Canadian province where you live; otherwise the arbitrator may hold it by documents, phone or video. It will be in English, or in French where the law requires it for Quebec. Fees follow the AAA Consumer Fee Schedule, under which the business pays most of the fees for an individual consumer's claim, and we'll pay any other amount the law requires us to pay. Each side pays its own lawyers' fees and costs unless the law or a fee-shifting statute provides otherwise.

19.5 Small claims

Either of us may instead bring an individual case in small claims court if it qualifies and stays individual. If the case is transferred to a court of general jurisdiction, §19 applies.

19.6 No class, mass or representative proceedings

DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS, NOT IN A CLASS, COLLECTIVE, MASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL PROCEEDING (INCLUDING UNDER CALIFORNIA'S PRIVATE ATTORNEYS GENERAL ACT, CAL. LAB. CODE § 2698 ET SEQ.), WHETHER IN ARBITRATION OR IN COURT. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. This is a material term, subject to §19.10.

19.7 Mass arbitration

This section helps keep §19.6 enforceable. A "Mass Arbitration" arises when 25 or more demands against us that raise substantially similar claims and seek substantially similar relief are filed by, or with the help of, the same law firm, organization or counsel acting together. Written-warranty claims remain outside mandatory arbitration. Where the AAA determines that its Mass Arbitration Supplementary Rules apply, those rules govern administration and fees. No bellwether result binds a person who was not a party to that proceeding. Any additional batching or bellwether procedure requires a lawful agreement or decision under the applicable rules. Each demand's deadlines, including §11.6, are paused from the time it's designated part of a Mass Arbitration until it's resolved or withdrawn, including while it's stayed. Fees follow the same rules.

19.8 Jury waiver

TO THE FULLEST EXTENT THE LAW ALLOWS, YOU AND WE EACH IRREVOCABLY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY CASE ARISING OUT OF OR RELATING TO THESE TERMS, THE DEVICE, THE FIRMWARE OR THE SERVICES, WHETHER IN CONTRACT, TORT, STATUTE OR OTHERWISE, EVEN IF THE ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE AND THE CASE IS HEARD IN COURT.

19.9 30-day opt-out

You can opt out of §§19.3–19.7 by sending a written notice within 30 days after the earlier of your first Device activation or account creation. If you already had an account or Device before this version, you may also opt out within 30 days after you first accept this version of the Terms. The notice must include your full legal name, mailing address, account email, Device serial number (if you have one) and a clear statement that you opt out of §§19.3–19.7. Send it through terrestream.com/contact?dept=arbitration or by mail to the address in §22.4. A timely, complete opt-out takes effect when we receive it and doesn't affect §19.1, §19.8 or the rest of these Terms. A late, incomplete or misdirected opt-out isn't effective. An opt-out you validly made under an earlier version still applies.

19.10 Severability of this section

• Class waiver. §19.6 can't be severed from class, collective or mass claims. If §19.6 is found unenforceable for such a claim, all of §19 except §§19.1, 19.3.1 and 19.8 is void for that claim, no class, collective, mass or representative arbitration is allowed, and the claim goes to court, subject to §§19.1 and 19.8.
• Representative claims. If the law requires the individual part of a representative claim, such as a private attorney general claim, to be arbitrated and the rest to go to court, §19.6 is severed only for the non-individual part. The individual part stays in arbitration.
• Public injunctive relief. If the law doesn't allow a waiver of public injunctive relief, only that request is severed and may go to court. The underlying individual claim stays in arbitration.
• Everything else. Any other unenforceable part of §19 is severed, and the rest of §19 continues.

19.11 Canadian and Mexican consumers

• Quebec. Article 11.1 of Quebec's Consumer Protection Act prohibits clauses that require consumers to arbitrate or that bar class actions. If you live in Quebec when a dispute arises, §§19.3, 19.6 and 19.7 don't apply to you. You may bring claims in the courts of Quebec, which have exclusive jurisdiction, and take part in class proceedings under the Code of Civil Procedure. Quebec law and applicable Canadian federal law govern, and notices may be sent in French.
• Ontario and British Columbia. If you're a consumer living in Ontario or British Columbia, §§19.3, 19.6 and 19.7 don't apply to you, because of section 7 of Ontario's Consumer Protection Act, 2002, British Columbia's Business Practices and Consumer Protection Act, and Seidel v. TELUS Communications Inc., 2011 SCC 15. You may bring claims in your province's courts and take part in class proceedings. The law of your province and applicable Canadian federal law govern.
• Mexico. If you are a consumer in Mexico, §§19.3, 19.6 and 19.7 do not apply to you. The Mexico Consumer Addendum explains available complaint routes, including asking PROFECO for guidance on a purchase from a foreign supplier, and the applicable courts and law.

19.12 Court relief for urgent matters

Either of us may ask a court for an injunction or other equitable relief, without following §19.2, for: (a) infringement, misappropriation or dilution of intellectual property; (b) breach of confidentiality; (c) unauthorized access to or interference with our systems or Services; (d) public injunctive relief where the law doesn't allow it to be waived, including under the McGill rule in California (McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017)); or (e) bodily injury or an imminent risk of it. Seeking this relief doesn't waive the right to arbitrate the underlying claim. For Quebec residents, it means the remedies available in the courts of Quebec under the Code of Civil Procedure and the Civil Code of Québec, such as provisional, interlocutory or permanent injunctions, safeguard orders and specific performance.

20. Ending the agreement and changes

20.1 If we suspend or end your access

We may suspend or end your access to all or part of the Services if (1) you materially breach these Terms, (2) you use the Device or Services unlawfully, (3) a court order or other legal process requires it, or (4) we reasonably decide that your access creates a security risk to our systems, other users or the Services. Where practicable and lawful, we'll give you notice and a chance to fix the problem first. Suspension may come before termination.

20.2 If you end the agreement

You can end this agreement at any time by deleting your account in the Apps or by asking Customer Support (§22.3). A factory reset removes your data from the Device but doesn't delete your account or its data in our cloud.

Deceased users. For a deceased Quebec account holder, we handle requests by an estate representative, heir, beneficiary, spouse or close relative under the applicable access rules, including sections 30, 40.1 and 41 of Quebec's private-sector privacy law. We verify identity and authority, protect other people's information and respect applicable restrictions and any recorded refusal. For others, with a death certificate and proof of authority, such as letters testamentary, we may at our discretion remove the Device from the account so that someone else can use it, or give the estate's representative a limited data export, after verifying identity and protecting the privacy of living people. Accounts can't be passed to heirs. Send requests to terrestream.com/contact?dept=privacy. If we receive no request within 24 months after the account holder's death, §8.6 applies.

20.3 What happens next; refunds

When this agreement ends, for any reason, cloud features for your account stop, your Devices keep working as standalone displays, and your data is handled as §8.7 describes. These refund rules apply:

• Pro. If you cancel, Pro runs to the end of the period you've paid for, and we don't refund part of a period except as the law or this section requires. If we end your account without cause, we refund unused whole prepaid months of Pro to your original payment method; if we end it for cause under §20.1, we don't.
• Quebec. If you live in Quebec and cancel an annual Pro subscription before its prepaid term ends, we refund the unused part within 30 days through the original payment method, as the Consumer Protection Act requires. Monthly plans and free trials retain all applicable mandatory cancellation and refund rights. Cancellation takes effect when you send notice or on the later date you specify.
• Material cuts to Pro. If we remove or significantly reduce a Pro feature that a reasonable subscriber would consider central, and you end your paid Pro subscription within 90 days after the change, we refund unused prepaid Pro fees within 30 days through the original payment method.
• Devices. §8.5 covers returns.

20.4 Survival

These sections survive the end of these Terms: §1 (as needed to interpret the others), §3, §4, §5, §6, §10, §11, §12, §§13–15 (as needed to apply §§11–12), §17 (for licences already granted), §18.2, §19, §21 and §22, and any other term that by its nature should survive.

20.5 Changes to these Terms

The current Terms are at terrestream.com/legal/terms, and past versions are at terrestream.com/legal/archive.

Material changes. For a material change, such as a change to arbitration, liability, how we handle data, fees, automatic renewal or the life-safety terms, we'll give you at least 30 days' notice by email and in the Apps, and then ask you to accept the new version before you keep using connected features.

Until you accept. After the applicable notice period, the Apps will pause connected features until you accept. You can still read and accept the new Terms, download your data, see your privacy settings, manage your consents, delete your account, and manage or cancel billing. Your Device keeps working and keeps sending Readings to your account. The earlier version keeps applying to you until you accept the new one or close your account.

This version. If you had an account before September 27, 2026, after the applicable notice period we will ask you once, the next time you use the Apps, to accept these Terms using the adult confirmation or, for an eligible minor account, the separate guardian-consent confirmation under §2.2 and §8.8.

Other changes. Free-plan feature reductions follow §8.4, and Pro price or renewal changes follow §8.2. We may make non-material changes, such as clarifications, by posting them with a new date and version number; if you keep using the Services after that date, you accept them.

Quebec. If you live in Quebec and a material change affects an essential element of your contract, you may end the contract without penalty from when you receive the notice until 30 days after the change takes effect, as Quebec's Consumer Protection Act provides. Contact Customer Support (§22.3).

21. General terms

21.1 Force majeure

Neither of us is liable for a delay or failure (other than to pay) caused by events beyond our reasonable control, such as natural disasters, epidemics, government action, sanctions, war, terrorism, civil unrest, cyberattacks by others, internet, cloud or utility outages, labor disputes not involving our own employees, and shortages of critical components. If the event lasts more than 90 days, either of us may end the affected Services by written notice.

21.2 Assignment

We may assign these Terms in a merger, acquisition, reorganization, sale of assets or similar transaction, with 30 days' notice. If, within 12 months after the assignment, the new owner materially changes the Services or prices to your disadvantage, you may end this agreement without penalty and get a pro-rata refund of prepaid fees for the rest of the current term. You may not assign these Terms except with a Device transfer under §3.7; any other attempt is void.

21.3 No waiver; headings

Not enforcing a term isn't a waiver of it. A waiver must be written and signed by the party giving it. Headings are for convenience only.

21.4 Notices

Send legal notices to Aerodyne Inc., Attn: Legal, 8 The Green, Ste A, Dover, DE 19901, USA, and through terrestream.com/contact?dept=legal. We send notices to the email on your account, and they're treated as received 24 hours after we send them unless they bounce. Keep your email up to date.

21.5 Export control and sanctions

You confirm that you aren't located in, or a national or resident of, a country under a comprehensive US or Canadian embargo, and that you aren't on a US or Canadian restricted-party list, such as the US Treasury's Specially Designated Nationals List, the US Commerce Department's Entity List or a list under Canada's Special Economic Measures Act. You won't export, re-export or transfer the Device, Firmware, Apps or related technical data in violation of the US Export Administration Regulations, US sanctions or Canada's Export and Import Permits Act.

21.6 Government users

The Device, Firmware, Apps and Services are "commercial items", "commercial computer software" and "commercial computer software documentation" under 48 C.F.R. §§ 2.101 and 12.212 and DFARS § 252.227-7014. US government users get only the rights in these Terms. Government of Canada procurements receive similar treatment.

21.7 Language

These Terms are written in English, and the English version controls. If you live in Quebec, we provide a French version as the Charter of the French Language requires, and for consumer contracts the French version binds unless you expressly choose English in writing. For consumers in Mexico, the Spanish Terms and Mexico Consumer Addendum control where they apply.

21.8 Beta features

We may offer beta, preview or early-access features. They're provided "as is" and "as available", may change or stop at any time, and aren't covered by §10. Taking part is optional and may come with extra terms.

21.9 App stores

21.9.1 Apple

If you got the Mobile App from the Apple App Store:

• These Terms are between you and us, not Apple. We, not Apple, are solely responsible for the Mobile App and its content.
• Your licence is to use the Mobile App on Apple-branded products you own or control, as the Apple Media Services Terms and Conditions and the App Store Usage Rules allow.
• Apple has no obligation to provide maintenance or support for the Mobile App.
• If the Mobile App fails to meet any applicable warranty, you may notify Apple, and Apple will refund the price you paid for the app, if any. To the fullest extent the law allows, Apple has no other warranty obligation for it, and any other claims, losses, liabilities, damages, costs or expenses caused by a failure to meet a warranty are our responsibility.
• We, not Apple, are responsible for addressing any claims by you or others relating to the Mobile App, including product liability claims, claims that it doesn't meet legal or regulatory requirements, consumer protection claims and intellectual property infringement claims.
• You confirm that you aren't in a country subject to a US government embargo or designated as a "terrorist supporting" country, and that you aren't on any US government list of prohibited or restricted parties.
• You must follow any third-party terms that apply when you use the Mobile App, such as your wireless carrier's.
• Questions and complaints about the Mobile App go to us (§22).
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, may enforce them against you.

21.9.2 Google Play

If you obtain the Mobile App through Google Play, the Google Play Terms of Service also apply. The items in §21.9.1 on sole responsibility, licence scope, maintenance and support, warranty, product claims, export control and third-party beneficiaries apply to Google in the same way, with “Google” in place of “Apple” and “Google Play” in place of “App Store”.

21.9.3 Android direct download

For an Android app obtained directly from terrestream.com/android, these Terms govern that distribution.

21.10 CASL sender information

For Canada's Anti-Spam Legislation, our commercial electronic messages are sent by Terrestream, a brand of Aerodyne Inc., 8 The Green, Ste A, Dover, DE 19901, USA (terrestream.com/contact?dept=casl). Each one includes an unsubscribe mechanism that takes effect within 10 business days.

21.11 Accessibility

We aim to meet the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA on our website and Web Dashboard, and we follow Apple and Android accessibility guidance in the Mobile App. We also address Ontario's Accessibility for Ontarians with Disabilities Act, 2005 and its Integrated Accessibility Standards Regulation. Our accessibility statement is at terrestream.com/accessibility; report barriers at terrestream.com/contact?dept=accessibility.

21.12 Recalls and safety notices

We coordinate recalls with the US Consumer Product Safety Commission under the Consumer Product Safety Act and with Health Canada under the Canada Consumer Product Safety Act. If a recall affects a Device you own, we'll notify you by email and in the Mobile App and post it at terrestream.com/recalls. Keep your email up to date.

22. Contact

22.1 Legal notices

terrestream.com/contact?dept=legal · Aerodyne Inc., Attn: Legal, 8 The Green, Ste A, Dover, DE 19901, USA.

22.2 Privacy Officer

Under section 3.1 of Quebec's Act respecting the protection of personal information in the private sector, Aerodyne Inc. has designated a Privacy Officer (Responsable de la protection des renseignements personnels), who handles access, correction, consent-withdrawal and portability requests, privacy complaints and notices required by privacy law. Contact: terrestream.com/contact?dept=privacy, or Aerodyne Inc., c/o Privacy Officer, 8 The Green, Ste A, Dover, DE 19901, USA. We'll tell you who holds the role if you ask through the form.

22.3 Customer support

terrestream.com/contact?dept=support · Help center: terrestream.com/support.

CUSTOMER SUPPORT ISN'T AN EMERGENCY SERVICE, A 911 CENTER OR A MEDICAL ADVICE LINE, AND THE DEVICE ISN'T A LIFE-SAFETY DEVICE (§4). IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY NUMBER RIGHT AWAY. DON'T CONTACT TERRESTREAM.

22.4 Arbitration notices and opt-outs

terrestream.com/contact?dept=arbitration · Aerodyne Inc., Attn: Arbitration Notices, 8 The Green, Ste A, Dover, DE 19901, USA.

22.5 Security

terrestream.com/contact?dept=security · terrestream.com/.well-known/security.txt · Vulnerability Disclosure Policy: terrestream.com/security (§16).

22.6 Accessibility

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