AER© APPLICATION TERMS OF USE

Publication Date: July 11, 2024
Last Update Date: January 14, 2026

These AER© application terms of use (the “Terms of Use”) define the terms of access to and use of the AER© solution software package, which consists of a mobile application (the “Application”) and Amazon Web Services (AWS) based data analytics platform (the “Platform”) owned and managed by Latvijas Mobilais Telefons SIA (“We” or “LMT”). The Application allows private individuals, entrepreneurs and legal entities (“You” or “User”) to monitor remotely real time and historical measurements of AER© IoT devices with smart sensors (the “AER© Sensor”), such as temperature, humidity and other parameters (the “AER© Sensor Data”) supported by Your AER© Sensor type,  displayed on the interactive dashboard of Your personal profile with the Application (the “Account”).

Users who use AER© Sensor type with the “smoke detection” functionality can also receive with the Application (i) high-priority push notifications in the event of a significant increase in the level of smoke at the location of AER© Sensor, or in the case of a failure or critically low battery charge of the AER© Sensor, (ii) medium-priority push notifications in the event of a noticeable change in the level of smoke and air quality at the location of AER© Sensor, and (iii) low-priority push notifications in the event of a change in the level of air quality or in the comfort level of temperature and/or humidity at the location of AER© Sensor, or in the case of a low battery charge of the AER© Sensor.

We will require You TO (i) read Our Terms of Use, and (ii) agree that the Terms of Use constitute a binding agreement by and between LMT and You, and regulate rights and obligations of each party in relation to the use of the application. These Terms of Use are supplemented by the Privacy Policy, which describes how we process Your personal data, when you use the APPLICATION. If You do not agree to Our Terms of Use and/or Privacy Policy, please refrain from installing Our Application on Your Mobile device and creating Your Account with the Application.

Our Terms of Use are a reader-friendly explanation of the contractual terms and conditions divided into various sections depending on the topic to make it easier for You to navigate through the content:

  1. 1. Use of Our Application
  2. 2. Intellectual Property Rights
  3. 3. Our Rights and Obligations
  4. 4. Your Rights and Obligations
  5. 5. Liability
  6. 6. Software Update
  7. 7. Amendment of the Terms of Use
  8. 8. Duration and Termination
  9. 9. General Provisions
  10. 10. Contact Information

  1. 1. Use of Our Application

    1. The Application is available for download and installation on Your electronic communication device (the “Mobile device”) free of charge on App Store or Google Play.
    2. The Application requires access to the Internet and Your Mobile device with Android (at least version 11) or iOS (at least version iOS 16.0) operating system. The download, installation and use of the Application may be restricted or prohibited by Your Internet service provider and/or applicable national laws and regulations. You may incur additional costs when using Our Application, depending on Your internet service plan.
    3. In order to use Our Application, You will need to install it on Your Mobile device and create Your Account. Your Account will include detailed information about Our local partner that You have selected to provide You with the Internet of Things (IoT) products and services (the “Partner”). If You are unable to create an Account with the Application, please reach out to the Partner for assistance with the onboarding process.
    4. During the onboarding process, We will ask You to provide Your phone number and verify it by entering a one time password (OTP) that We send You. You will receive an OTP only if the phone number that You have provided to Us matches the phone number shared with Us through the Platform by the Partner as part of Partner’s IoT services or entered in the process of AER© Sensor activation. After the successful verification, You will have to enter Your Account name. To complete the onboarding process, We will require You to read and accept these Terms of Use and Our Privacy Policy.
    5. As a result, You will receive access to Your Account and user rights to configure, customise and manage Your Account by adjusting relevant settings in order to exercise Partner’s IoT services accessible with the Application. Under these services Your Account will automatically link with Your AER© Sensor through the Platform, and AER© Sensor Data from the designated property will appear on the interactive dashboard of Your Account.
    6. High-priority push notifications in the event of a significant increase in the level of smoke at the location of AER© Sensor or in the case of a failure or critically low battery charge of the AER© Sensor are activated by default IN THE APPLICATION IF YOU USE AER© Sensor with the “smoke DETECTION” functionality. You can opt out of receiving high-priority push notifications at any time by deactivating this function in YOUR device settings.
    7. In case of AER© Sensor with the “smoke detection” functionality the Application allows You to assign an emergency contact status to other Users that You have specified with the Application, who receive high-priority SMS smoke notifications and phone calls as part of Partner’s IoT products and You can enable and configure settings of Your Account to send high-priority SMS smoke notifications and make high-priority phone calls to the other Users with an emergency contact status.
    8. Some AER© Sensor types, as part of Partner’s IoT services, have an option to enable climate prediction functionality with the Application, which analyses AER© Sensor Data readings and, based on these patterns, provides You with forecasts and recommendations for improving Your climate by sending You push notifications. Please be aware that We collect and process AER© Sensor Data anonymously on behalf of the Partner to improve the prediction model and its forecasts. After collection, AER© Sensor Data are modified so that they do not contain any personal information about You or Your household. AER© Sensor Data sharing feature is activated by default in the Application. You can opt out of sharing Your AER© Sensor Data with the Partner in Your Device settings.
    9. You remain free to delete Your AER© Sensor Data by clicking on the BUTTON designated to DELETE AER SENSOR DATA AND RESET AER SENSOR in Your Device settings. Your AER© Sensor Data will be deleted immediately. Ability to process and delete Your AER© Sensor Data is provide by Us as part of Partner’s IoT services. Please note that You will not be able to recover Your AER© Sensor Data once Your request to delete Your AER© Sensor Data is processed by Us on behalf of the Partner. A new Mobile device setup is required to resume using the Mobile device.
    10. You remain free to delete Your Account, Your Account personal data and Your AER© Sensor Data at any time by clicking on the button designated to DELETE ACCOUNT in Your Account settings. Your Account will be deleted and Your Account personal data and Your AER© Sensor Data (including information related to all Mobile devices assigned to Your Account, such as Mobile device configurations, events, remote actions, emergency contacts and other data if applicable) will be erased immediately. Please note that You will not be able to recover Your Account, Your Account personal data and Your AER© Sensor Data once Your request to delete Your Account, Your Account personal data and Your AER© Sensor Data is processed by Us.

  2. 2. Intellectual Property Rights

    1. LMT is the exclusive owner of all of the intellectual property rights, particularly (i) the trademarks, (ii) the patents and (iii) the copyrights relating to the Application, including, without limitation, the rights attached to the object code and the source code of the Application, as well as the trade names, brand names, logos, symbols, slogans, texts, notifications, colour palettes, layouts, graphics, icons, illustrations, and all other distinctive visual design elements contained in the Application.
    2. LMT does not sell, convey, assign, transfer, or deliver to You any intellectual property rights related to the Application under these Terms of Use. We only grant You a revocable license to use the intellectual property rights related to the Application for the sole purpose of allowing You to access and use the Application on Your Mobile device free of charge. This license is not exclusive, not sublicensable, not transferable and is only granted from the creation of Your Account until its deletion.

  3. 3. Our Rights and Obligations

    1. We may share Your personal data with Our local partners and third-party service providers in accordance with Our Privacy Policy.
    2. We may modify the content of the Application, including, without limitation, trade names, brand names, logos, symbols, slogans, texts, notifications, colour palettes, layouts, graphics, icons, illustrations, and all other distinctive visual design elements contained in the Application, to enhance user experience.
    3. We may implement various organisational, technical, and technological measures, including creation and observation of application log files, to ensure stability, integrity, and security of the Application.
    4. We may monitor and manage performance of the Application. We will be tracking, aggregating, and analysing bugs, errors, and exceptions in the software in order to improve performance of the Application.
    5. We may investigate Your failure to comply with these Terms of Use using all legitimate means, collect evidence of any violations, including log data, and delete any unlawful, defamatory, or offensive information posted through the Application.
    6. We may suspend or terminate Your rights of access and use of the Application, if:
      1. You fail to comply with these Terms of Use;
      2. You delete Your Account, Your Account personal data and Your AER© Sensor Data by clicking on button designated to DELETE ACCOUNT in Your Account settings;
      3. Your Partner unlinks (disconnects) Your Account from Your AER© Sensor through the Platform;
      4. You receive Our thirty (30) days prior notification on the upcoming decommissioning of the Application.
    7. We may transfer Our rights and obligations under these Terms of Use to another legal entity. We will ensure that such a transfer does not affect Your rights and obligations under these Terms of Use.
    8. We may decommission the Application following thirty (30) days prior notice on the upcoming decommissioning process. Before decommissioning the Application, We may provide Your personal data in a structured, commonly used, and machine-readable format, making it easier for You to re-use it for other purposes and to transmit Your personal data to another service provider of Your choice without hindrance or undue delay.

  4. 4. Your Rights and Obligations

    1. You are permitted to download, install, use, update and uninstall the Application in accordance with these Terms of Use.
    2. You represent and warrant that You and other Users of the Application are:
      1. natural persons who have reached the legal age of maturity in accordance with the applicable national laws and regulations; or
      2. authorised representatives of a duly registered legal entity, which Account You manage on its behalf in accordance with the applicable national laws and regulations.
    3. You represent and warrant that Your use of the Application will not in any way infringe Our intellectual property rights in the Application, including, without limitation, You agree:
      1. not to source, copy-paste, reproduce or extract, whether in part or in full, on any medium and by any method whatsoever, the content appearing in the Application, without Our prior written consent;
      2. not to modify and/or create derivative works based on the Application;
      3. not to reverse engineer, emulate, decompile, and/or disassemble the Application.
    4. You represent and warrant that Your use of the Application will not in any way breach these Terms of Use, including, without limitation, You agree:
      1. not to submit and transmit any information, which is unlawful, defamatory, offensive or otherwise objectionable in relation to Us or other Users of the Application;
      2. not to use the Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, including transmitting any data through the Application, which violates or infringes in any way upon Our rights and any third party rights;
      3. not to obtain or try to obtain unauthorised access to the Application and/or Platform through any means and/or systems whatsoever;
      4. not to collect or harvest any information from the Application or Platform, or attempt to decipher any transmissions to or from the servers hosting the AER© solution software package;
      5. not to deliver or attempt to deliver, whether intentionally or negligently, any damaging or malicious software or any other kind of programme in order to disrupt, damage, or limit the proper running of the Application and/or Platform, by any means whatsoever, including downloading or providing files containing viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of the Application and/or Platform and/or any other software, hardware and/or telecommunications equipment;
      6. not to take any action that may cause unreasonable or disproportionate traffic on the Application and/or Platform and/or any other related infrastructure.
    5. In case You use AER© Sensor with the “smoke detection” functionality, You represent and warrant that the other Users with an emergency contact status, who are set to receive high-priority SMS notifications as part of Partner’s IoT services, have consented to receive such notifications. They are fully aware of the nature of these notifications and the action plan to follow upon receiving them.

  5. 5. Liability

    1. You assume total responsibility for determining availability and competability of the application with your device. We assume no liability for the non-performance of the application or damage caused to your device due to the non-compatibility between the application and your device.
    2. You assume total responsibility for keeping track of the network and data fees or similar charges associated with the use of the application. We assume no Liability for any network and data fees or similar charges incurred by you in relation to the application.
    3. You assume total responsibility for Your use of the Application and any data that You share through the Application with Us or any third parties, who have access to Your device or account. we assume no liability for the accuracy of any AER© Sensor Data displayed on the interactive dashboard of your account and/or any push notifications triggered by the AER© Sensor Data.
    4. You assume total responsibility for any and all liabilities arising out or in connection with Your contractual relationship with the Partner. The Partner is not, under any circumstances, Our agent, representative, trustee or fiduciary. We assume no responsibility for any acts or omissions of the Partner.
    5. The application is provided to You “as is” without warranty of any kind, express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title or non-infringement, and any warranties that may arise out of course of dealing, course of performance, usage, or trade practice, to the extent permitted under the applicable national laws and regulations. Without limitation to the foregoing, LMT provides no warranty or undertaking, and makes no representation of any kind that the application will meet Your requirements, achieve any intended results, be compatible, or work with any other software, application, system, or service, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected or that the servers on which AER© solution software package is hosted are virus free.
    6. LMT does not assume any Liability for non-performance or poor performance of its obligations under these Terms of Use, to the extent permitted under the applicable national laws and regulations, resulting in a personal injury, property damage, loss of data, Mobile device failure, loss of profit, business reputation or any other consequential, incidental, indirect, exemplary, special or punitive damages, regardless of whether such damages could have been foreseen or prevented by Us.
    7. LMT does not assume any Liability for non-performance or poor performance of its obligations under these Terms of Use, to the extent permitted under the applicable national laws and regulations, caused by:
      1. Your conduct in violation of these Terms of Use;
      2. an act or omission by any third party, including, without limitation, a failure of the internet service provider to ensure uninterrupted access to the Internet, a technical problem caused by Your Mobile device resulted in the interruption of access to the Application or any other act or omission by any third party;
      3. an event outside Our reasonable control (i.e. a force majeure event), which could not have reasonably been anticipated at the time of entering into these Terms of Use and which prevents Us from fulfilling Our obligations under these Terms of Use, including, without limitation, an act of God, fires, exceptional climate events, floods, earthquakes, explosions, wars, civil disorder, terrorist threats or acts, strikes, pandemic or epidemic, energy supply shutdown, electrical and electromagnetic events that disrupt the mobile networks, a wide-ranging computer attack, a legislative or regulatory change or any other binding decision by a public authority that would prevent Us from providing access to the Application and maintaining its functionality on Your Mobile device or any other event beyond the reasonable control of LMT.

  1. 6. Software Update

  2. Amendment of the Terms of Use
    1. We may revise these Terms of Use from time to time in our sole discretion to take into account most recent legal, regulatory, or technical developments. You can verify the date of the last update of the Terms of Use at the top of the document under the “Last Update Date” note. Your access to and use of the Application will be subject to the most recent version of these Terms of Use and Our Privacy Policy.
    2. If We make substantial changes to these Terms of Use, such as changes in the description of the Application, intellectual property rights allocation, Our or Your rights and obligations under these Terms of Use, limitation of Our liability etc., We will inform You in due course before these changes become effective. You will receive a push notification in the Application with the updated version of the Terms of Use, which You will need to read and accept before continuing to use the Application. If You refuse to accept changes to these Terms of Use, You will not be able to access Your Account from the date the amended Terms of Use come into effect.

  3. 8. Duration and Termination

    1. The contractual relationship established by these Terms of Use remains in force for an indefinite period of time, unless terminated by Us or You.
    2. You may terminate contractual relationship with Us at any time by clicking on the button designated to DELETE ACCOUNT in Your Account settings. Your Account will be deleted and Your Account personal data and Your AER© Sensor Data (including information related to all Mobile devices assigned to Your Account, such as Mobile device configurations, events, remote actions, emergency contacts and other data if applicable) will be erased immediately. Deletion of Your Account will automatically terminate Your contractual relationship with Us.
    3. We may terminate contractual relationship with You at any time by denying Your rights of access and use of the Application, if:
      1. You fail to comply with these Terms of Use;
      2. You delete Your Account, Your Account personal data and Your AER© Sensor Data by clicking on button designated to DELETE ACCOUNT in Your Account settings;
      3. Your Partner unlinks (disconnects) Your Account from Your AER© Sensor through the Platform;
      4. You receive Our thirty (30) days prior notification on the upcoming decommissioning of the Application.

  1. 9. General Provisions

    1. If at any time any provision of these Terms of Use is or becomes illegal, invalid, or unenforceable, it may be replaced with a provision that best reflects the original intention of the parties. The legal validity and enforceability of the remaining provisions of these Terms of Use shall not be affected or impaired in any way.
    2. The wording “particularly”, “including”, and “such as” and similar expressions do not limit the general interpretation of the surrounding words.
    3. No failure or delay by either party in exercising any right, power or privilege under these Terms of Use shall be deemed to waive such right, power or privilege, nor shall any single or partial exercise of any right, power or privilege prevent any other or further exercise thereof.
    4. The validity, interpretation, construction and performance of these Terms of Use, as well as any disputes or claims arising out of or in connection with the subject matter or formation, including any non-contractual disputes or claims, shall be governed by and construed in accordance with the applicable laws and regulations of the Republic of Latvia.
    5. The parties irrevocably agree that the courts of the Republic of Latvia shall have exclusive jurisdiction to settle any disputes or claims arising out of or in connection with the validity, interpretation, construction and performance of these Terms of Use, as well as any disputes or claims arising out of or in connection with the subject matter or formation of these Terms of Use, including any non-contractual disputes or claims.

  2. 10. Contact Information

    If you have any enquiries or requests regarding these Terms of Use, please, feel free to reach out to Us:

    Latvijas Mobilais Telefons SIA,

    Registration number: 50003050931;

    Registered office address: Ropažu iela 6, Rīga, LV-1039, Latvia;

    E-mail: info@lmt.lv

    We will process Your enquiry or request as soon as possible, but not later than within one (1) month following receipt of the enquiry or request.