Liability Waiver and release agreement
AIRZAI LIABILITY WAIVER AND RELEASE AGREEMENT
Effective Date: July 1, 2024
Applicable Products and Services: Airzai Devices, Airzai Scents, Airzai App, and all other associated Airzai-branded items (collectively referred to as “Airzai Products”).
1. Agreement to Terms: By purchasing, using, or interacting with any Airzai Products, you (“User”) acknowledge and agree to the terms and conditions of this Liability Waiver and Release Agreement. This Agreement is legally binding and applies automatically upon purchase or use of any Airzai Products.
2. Acknowledgment of Risk: By using Airzai Products, the User acknowledges and accepts all potential risks, including but not limited to:
• Health Risks: Allergic reactions or sensitivities to ingredients in Airzai Scents; adverse effects on individuals with pre-existing medical conditions, including respiratory issues or skin sensitivities.
• Property Damage: Damage caused by spillage of oils or liquids on furniture, electronics, polished surfaces, fabrics, or other materials; staining, discoloration, or deterioration of surfaces due to improper handling or placement of Airzai Products.
• Product Risks: Electrical hazards from improper use or placement of Airzai Devices; malfunction of Airzai Devices or the Airzai App due to external factors such as environmental conditions or software interruptions.
• Other Risks: Misuse of Airzai Products, including failure to follow instructions; unintended consequences of scent diffusion on pets, children, or individuals sensitive to fragrances.
3. Disclaimer of Warranties: Airzai Products are provided “as is” without any express or implied warranties. To the fullest extent permitted by law, Airzai disclaims all warranties, including but not limited to:
• Fitness for a particular purpose.
• Merchantability.
• Non-infringement.
• Accuracy of claims regarding emotional or mental wellness effects.
4. Release of Liability: To the fullest extent permitted by Canadian law, you agree to release, indemnify, and hold harmless Airzai, its parent company, affiliates, officers, directors, employees, agents, suppliers, and licensors (collectively, the “Released Parties”) from and against any and all claims, damages, losses, liabilities, costs, and expenses, including but not limited to:
• Injuries, allergic reactions, or health-related issues arising from the use of Airzai Products.
• Damage to property, including but not limited to damage caused by spillage, staining, or improper placement of Airzai Products.
• Misuse, improper use, or failure to follow instructions for Airzai Products.
• Any indirect, incidental, punitive, or consequential damages arising from the use or inability to use Airzai Products.
5. Assumption of Risk: By purchasing or using Airzai Products, you voluntarily assume all risks associated with their use. This includes but is not limited to:
• Handling and placement of Airzai Devices and Scents.
• Interaction of Airzai Scents with furniture, upholstery, electronics, and other household items.
• Potential effects of Airzai Scents on pets, children, or sensitive individuals.
• Use of the Airzai App and any related software or updates.
6. Limitation of Liability: To the maximum extent permitted by law:
• Airzai and the Released Parties shall not be liable for any damages exceeding the amount you paid for the Airzai Product directly related to the claim.
• Airzai is not liable for any incidental or consequential damages arising out of or related to the use of Airzai Products, regardless of the legal theory under which such damages are sought.
7. User Responsibilities
The User agrees to:
• Follow all instructions, warnings, and recommendations provided with Airzai Products.
• Exercise caution in placing Airzai Devices and Scents to avoid damage to furniture, polished surfaces, and other materials.
• Consult a medical professional before using Airzai Products if they have pre-existing health conditions or allergies.
8. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Canada, without regard to its conflict of law principles. Any disputes arising out of this Agreement shall be resolved exclusively in the courts of Canada.
9. Severability: If any provision of this Agreement is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.
10. Binding Nature of Agreement: By purchasing or using any Airzai Product, you confirm that you have read, understood, and voluntarily agreed to this Liability Waiver and Release Agreement. This Agreement constitutes the entire understanding between you and Airzai regarding the use of its products and supersedes all prior agreements.
NOTICE: If you do not agree to these terms, do not purchase or use Airzai Products. Your purchase or use of Airzai Products constitutes acceptance of this Agreement.