Terms of Service

Updated 12/05/2026
Terms of Service
Privacy Policy
Cookie Policy
Acknowledgments
01. Agreement to Terms of Service

These Terms of Service (“Terms”) are a legal agreement between you (“you”, “user”, or “visitor”) and AQ ANALYTICS, LDA doing business as Aerwise (“Aerwise”, “we”, “us”, or “our”).

By visiting our website and/or purchasing any digital products and/or data from us, you engage in our “Services” and agree to be bound by these Terms, including any additional terms and policies referenced or linked herein. These Terms apply to all users – whether you’re browsing, purchasing, or contributing data or other content.

Please read these Terms carefully before accessing or using our website. If you do not agree to all of these Terms, do not access our website or use our Services.

We may update or change these Terms at any time by posting revisions on our website. Any new features, services, products, or content added to our website will also be subject to these Terms.

You confirm that:

  • You have read and understood these Terms;
  • You have the legal authority to enter into this agreement (either on your own behalf or on behalf of a company or other legal entity); and
  • You are at least 18 years old, or the age of majority in your jurisdiction. If you are under that age, use or purchase of the Services is only permitted if your parent or legal guardian agrees to these Terms on your behalf.

We reserve the right to refuse service to anyone for any reason at any time.

PLEASE NOTE: Section 10 of these Terms includes a class action waiver and a waiver of jury trials, and requires binding arbitration on an individual basis to resolve disputes. These Terms limit the remedies that may be available to you in the event of a dispute.

02. Description of Services

As an innovative company operating at the intersection of science and technology, Aerwise strives to use the most current and accurate data available. Our Services are regularly updated to reflect the latest scientific research and approved guidelines.

Aerwise provides air quality data and impact reports, which may include data, analysis, and assessments of how air quality affects:

  • Human Health
  • Real Estate and Property
  • Communities
  • Agricultural Assets

All Services are provided in digital form. Subject to Section 13 below, purchased, personalized Services will remain accessible through our platforms for a minimum of one year from the initial date of provision.

PLEASE NOTE:

  • Our Services are informational in nature and are not a substitute for professional environmental, legal, medical, or financial advice.
  • Our Services are not intended to diagnose existing medical conditions or diseases, nor to predict future ones.
  • Our Services are based on available data, modeling, and machine learning techniques at the time of creation. As such, they may not:
    • Account for future changes in environmental, regulatory, or local conditions.
    • Capture highly localized, temporary, or small-scale factors and sources of air pollution that, although potentially detectable by ground-level sensing, Earth observation, or other remote sensing technologies, may be treated as statistical outliers or remain entirely undetected.
    • Accurately predict future environmental, medical, or financial conditions and trends.
  • Users should always apply common sense and, where appropriate, validate results in light of local knowledge or expert guidance.
  • Our Services are not legally binding and must not be used for regulatory, legal, or compliance certification purposes.
  • For more information about limitations, please refer to Section 8 ‘Disclaimer of Warranties’, and Section 9 ‘Limitations of Liability’.
  • For more information about how long purchased, personalized Services remain accessible, please refer to Section 13: ‘Termination and End of Service’.
  • These Terms of Service are intended for individual consumer use and do not cover the level of warranty or liability typically required for business purposes. If you intend to use our Services commercially, please refer to Section 12 ‘Business Users’ for information on the conditions for commercial use and the option to enter into a separate, customized agreement.
03. User Accounts

You may be required to create an account to purchase or access certain Services. You are responsible for maintaining the confidentiality of your account information and for all activity that occurs under your account. You agree to provide accurate and complete information when creating an account.

04. Acceptable Use & Licensing

When you purchase a Service from us, you are granted a limited, non-exclusive, non-transferable license to access and use that Service for your personal or business purpose, unless otherwise explicitly stated.

You may not:

  • Sell, resell, sublicense, or exploit any portion of our Services without our express written permission;
  • Modify, reverse engineer, or create derivative works from any of our Services;
  • Use the Services in a way that violates any applicable laws or regulations;
  • Misrepresent your identity or the purpose for which you are accessing the Services.
  • Attempt to interfere with, or compromise, the system integrity or security of our website or servers.
05. Privacy

Your use of our Website and Services is also governed by our Privacy Policy and our Cookie Policy, which explain how we collect, use, and protect your personal data, and how we use cookies and similar technologies. By using our Website and Services, you consent to the collection and use of your information in accordance with both policies. The Privacy Policy and the Cookie Policy form integral parts of these Terms and can be reviewed on our website.

06. Payments and Refunds

All payments for our Services must be made in full at the time of purchase. Due to the nature of our customized and digital products, all sales are final. We do not offer refunds except as required by applicable law. By purchasing a digital product, you expressly agree to the immediate delivery of the information and data provided through the Service, and acknowledge that this waives your right to withdraw under EU consumer law, or any other applicable local laws, once the download or access has begun.

07. Intellectual Property and Open Data

All content on the Website, including text, graphics, logos, and data, is the property of AQ ANALYTICS, LDA doing business as Aerwise, and is protected by copyright, trademark, and other laws. You may not use any content without our prior consent, unless the open data nature of the content is explicitly stated.

08. Disclaimer of Warranties

As an innovative company operating at the intersection of science and technology, we strive to use the most current and accurate data available and continuously update our Services to reflect the latest scientific evidence and approved guidelines. Nonetheless, due to the evolving nature of the underlying science and the inherent complexity of environmental data, certain limitations must be acknowledged:

  • Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied.
  • By using the Service, you agree that Aerwise shall not be responsible for ( 1 ) any information and data provided through the Service (“Content”), ( 2 ) any person’s reliance on any such Content, whether or not correct, current, or complete, or ( 3 ) the consequences of any action that you or any other person takes, or fails to take, based on any Content or otherwise as a result of your use of the Service.
  • Although Aerwise aims to deliver some of the most accurate environmental data available on the market, we do not guarantee that the Content is complete, accurate, or up-to-date. Use of our Services is at your own risk.

PLEASE NOTE: Environmental data is inherently prone to errors, missing data from sensors and satellites, and other defects. The Service is based in part on environmental data and computer models that may have model-based errors and may have particular difficulty with certain micro-climates or small-scale geographic regions, especially coastal areas and small islands. Although we provide advanced data solutions and strive to deliver environmental data that is among the most accurate available on the market, we assume no responsibility for any actions taken or decisions made based on the Content provided through the Service.

09. Limitation of Liability

To the fullest extent permitted by law, Aerwise will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other losses, resulting from:

  • Your or any other person’s use of, or inability to use, the Services.
  • Any errors or inaccuracies in our Services.

In no event shall Aerwise’s total liability for all claims relating to the Services exceed the greater of:

  • the amount you paid us for the applicable product or Service, or
  • one hundred Euro (€ 100).

PLEASE NOTE: Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you in full. The determination of the applicable jurisdiction is governed by Section 14 of these Terms, which shall supersede any conflicting provisions.

10. Dispute Resolution
10.1 Informal Resolution

If you have a dispute with us, we strongly encourage you to first contact us to seek informal resolution.

10.2 Arbitration

If we cannot resolve the dispute informally, you and Aerwise agree that any dispute, claim, or controversy arising out of, or relating to, these Terms or your use of the Services shall be resolved through binding arbitration in Portugal, in accordance with the applicable Portuguese arbitration laws and procedures in effect at the time of the dispute.

The arbitration shall be conducted in Portuguese and seated in the Autonomous Region of the Azores, unless the parties agree otherwise.

The decision of the arbitrator shall be final and binding, and may be enforced in any court of competent jurisdiction.

Each party shall bear its own legal fees and costs, unless otherwise decided by the arbitrator.

This Clause survives termination of these Terms.

10.3 Class Action and Jury Trial Waiver

You and Aerwise each waive any right to a jury trial and to participate in a class, collective, or representative action.

This Clause survives termination of these Terms.

11. Force Majeure

Aerwise will not be liable for any delay or failure to perform its obligations under these Terms if the delay or failure results from circumstances beyond Aerwise’s reasonable control, including (but not limited to) acts of God, natural disasters, fire, flood, epidemic or pandemic, war, terrorism, civil or military disturbance, sabotage, strikes or other labor disputes, shortage of materials or energy, interruption or failure of telecommunications or power services, or governmental orders or regulations.

If a Force Majeure event continues for more than thirty (30) consecutive days, either party may terminate the affected Services upon written notice, without liability other than for amounts already owed.

12. Business User

If you are using or purchasing the Services on behalf of a company, organization, or other legal entity (“Business User”), you represent that you have authority to bind that entity to these Terms. In such cases, the term “you” refers to both the individual user and the Business User.

Business Users acknowledge and agree that:

  • The Services are intended for informational use only and are not sold under consumer protection laws.
  • Consumer rights do not apply to purchases made for commercial or professional purposes.

Any specific terms, conditions, or service levels applicable to a Business User may be governed by a separate written agreement. In the event of a conflict between such custom agreement and these Terms, the separate agreement shall prevail.

If you represent a business and wish to enter into a customized agreement, please contact us directly.

13. Termination and End of Service

You may terminate your relationship with Aerwise at any time as follows:

  • One-time purchases: You may delete your user account at any time, which will terminate our contract for any future Services. Upon deletion, we will delete your personal data in accordance with our Privacy Policy, except where retention is required by law.
  • Subscription services: You may cancel your subscription at any time through your user account. For technical reasons, cancellations must be submitted at least three (3) days before the end of your current billing period to take effect for the next cycle. Otherwise, the cancellation will apply to the following billing period. After cancellation, we will handle your personal data as described in our Privacy Policy.
  • Separate agreements: You may end custom agreements by giving one month’s notice to the end of the current contractual period, unless otherwise specified in the provisions of the separate agreement.

Aerwise reserves the right to suspend or terminate your access to the Services and your account if you violate these Terms or for other legitimate reasons, with appropriate notice when possible.

Termination of your account or subscription does not affect any rights or obligations legally accrued prior to termination.

Notwithstanding the foregoing, Aerwise reserves the right to initiate an End of Service – either in whole or in part, and either specific or general in scope – with at least 30 days’ prior notice.

14. Location of Performance, Governing Law & Jurisdiction

All services provided under these Terms are deemed to be performed in Portugal, regardless of the user’s location.

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Portugal, without regard to its conflict of law rules.

Aerwise makes no representation that the Services or Content are appropriate or available for use in locations outside of Portugal. Accessing the Services from territories where the Services or Content are illegal is prohibited. If you access the Services from other locations, you do so on your own initiative and are responsible for compliance with all applicable local laws.

Subject to the arbitration agreement in Section 10.2, you and Aerwise hereby submit to the exclusive jurisdiction of the courts in the Autonomous Region of the Azores, Portugal, for any action or proceeding arising out of or relating to these Terms or your use of the Services.

15. Changes to the Terms

We may update these Terms from time to time. We will post any changes on our website and indicate the effective date at the top. Your continued use of the Services after changes are posted constitutes your acceptance of the revised Terms.

16. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a competent authority, that provision will be modified, limited, or eliminated to the minimum extent necessary so that the remaining provisions of these Terms will remain in full force and effect.

17. Contact Us

If you have any questions or concerns about these Terms, please contact us at:

AQ ANALYTICS, LDA doing business as Aerwise
Rua da Tecnologia K-Épsilon 2
9560-421 Lagoa
Azores, Portugal
Email