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Terms and Conditions

Terms and Conditions

Effective Date: 29 September 2026

Last Updated: 29 September 2026

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User”, “you”, or “your”) and INNOVA S.r.l., with registered office at via 1° Maggio 8, 38089 Storo (TN), Italy (“Innova”, “we”, “us”, or “our”), governing your access to and use of the Service (as defined below).

By creating an account or using the Service, you agree to these Terms. If you do not agree to these Terms, you must not access or use the Service.

An Italian version of these Terms is available and for users resident in Italy, the Italian version prevails in case of discrepancy.

Definitions and Parties

  • Innova S.r.l. (“Innova”, “we”, “us”, “our”) is the company that designs and manufactures the connected devices and provides the Service described in these Terms.
  • Service refers to the connected product service as a whole, including all of its components:
    • IoT Firmware — the embedded software running on compatible devices that enables connectivity, telemetry, and remote control;
    • Cloud System — the backend servers, databases, APIs, and cloud infrastructure that process, store, and relay data between devices and client applications;
    • Mobile Apps — the iOS and Android applications that allow users to monitor and control their devices;
    • Dashboard — the web-based management interface for monitoring, configuration, and administration of devices and installations.
  • Consumer means a user acting for purposes outside their trade, business, craft, or profession. Business User means any other user, including installers, property managers, and companies.
  • Device Data means the product data and related service data generated by your devices and by your use of the Service, as defined in Regulation (EU) 2023/2854 (the “Data Act”).

The Service is operated on our behalf by a technology platform partner under a data processing agreement.

1. Eligibility

The Service is intended for use by individuals who are at least 18 years of age. By using the Service, you confirm that you are at least 18 years old and have the legal capacity to enter into this agreement. If you are under 18, you are not permitted to use the Service.

2. Description of the Service

The Service provides remote monitoring, management, and control of compatible climate and HVAC devices (including but not limited to heat pumps, fan coils, thermostats, and ventilation units) through the coordinated operation of IoT firmware, cloud infrastructure, mobile applications, and web dashboards. The Service allows users to:

  • Create and manage a user account
  • Register and configure compatible devices
  • Monitor device status and telemetry in real time
  • Adjust temperature setpoints, operating modes, and fan speeds
  • Create automated schedules and presets
  • Manage installations via the web-based Dashboard
  • Access, export, and share their Device Data as described in Section 11

The Service is provided as a companion tool and does not replace the physical controls of any device. The Service relies on internet connectivity between all components (device firmware, cloud, and client applications).

The Service is provided free of charge unless otherwise indicated for specific paid features, whose price and conditions are shown before purchase.

3. Account Registration and Security

3.1 To use the Service, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your login credentials and for activities that occur under your account.

3.2 You agree to notify us promptly of any unauthorized access to or use of your account. We are not liable for loss or damage arising from your failure to protect your account credentials, except where caused by our own breach of these Terms or of applicable law.

3.3 We may suspend your account if we reasonably believe that your account has been compromised or is being misused, or that your account information is materially inaccurate. We will inform you of the reason and, where possible, give you the opportunity to remedy the issue before suspension.

4. License

4.1 Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Service — including downloading and installing the Mobile Apps on devices that you own or control — to monitor and control your own devices and installations.

4.2 You may not:

  • Copy, modify, distribute, sell, lease, sublicense, or resell the Service or any of its components, or provide the Service or its APIs as a service to others, without our prior written agreement;
  • Attempt to gain unauthorized access to our systems, servers, or networks;
  • Remove, alter, or obscure any proprietary notices, labels, or marks in the Mobile Apps, Dashboard, or any other component of the Service;
  • Use automated means (bots, scrapers, or similar) to access the Service or collect data from it, other than the documented export functions and APIs.

4.3 Reverse Engineering. Except to the extent permitted by mandatory law (including the right to observe, study, and test the functioning of software and to decompile it for interoperability under Directive 2009/24/EC and Articles 64-ter and 64-quater of Italian Law 633/1941), you may not reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying algorithms, or protocols of any component of the Service, including the Mobile Apps, the Dashboard, the IoT Firmware, the Cloud System, and the APIs. You may not circumvent technical protection or security measures of the Service, or use the results of any permitted analysis to build a product or service that replicates the Service.

4.4 Your Data Act rights are not limited. Nothing in this Section 4 or in Section 5 limits your rights under the Data Act to access, use (including for commercial purposes), and share your Device Data, as described in Section 11. The restrictions in these Sections apply to our software, APIs, and infrastructure, not to your data.

5. API Usage and Rate Limiting

5.1 Where APIs are made available to you as part of the Service, they are provided to access and control your own devices and to retrieve your Device Data. Building a commercial service on our APIs, or using them on behalf of other users, requires a separate agreement with us (see Section 5.6).

5.2 Rate Limiting. API access is subject to reasonable rate limits. We may adjust rate limits to protect the stability and security of the Service. Rate limits will not prevent you from accessing your Device Data.

5.3 Excessive Traffic and Abuse. We may throttle or suspend API access for any user or application that generates excessive traffic, engages in abusive usage patterns, or degrades the quality of the Service for other users. Where possible we will warn you first; immediate action is taken only where needed to protect the Service or other users.

5.4 API Credentials Are Confidential. API keys, access tokens, and any other credentials issued to you are confidential and must be treated with the same care as a password. You are responsible for safeguarding your API credentials and for activity that occurs using them. You must not:

  • Share, publish, or disclose your API keys or credentials to any third party;
  • Embed API credentials in publicly accessible code, repositories, or client-side applications;
  • Allow any third-party service or application to use your credentials to access our APIs on your behalf.

If credentials are shared in breach of this Section, we may revoke them and issue new ones. For repeated or serious breaches we may suspend API access after warning you.

5.5 Third-Party Data Access. If you want a third party (for example an installer, an energy service, or a home-automation platform) to receive your Device Data, do not share your credentials: ask us at info@innova.it or in the app. Under the Data Act, we will make the data available to the third party you designate, free of charge to you and without undue delay. We may agree with the third party reasonable compensation and terms that are fair, reasonable, and non-discriminatory; for small and medium-sized enterprises, compensation will not exceed our costs. The terms, and how the compensation is calculated, are provided to the third party on request at info@innova.it. Companies designated as gatekeepers under the Digital Markets Act cannot receive data this way. In any case, you can stop the sharing at any time.

5.6 Commercial and Professional Use. For commercial applications, fleet management, multi-site installations, and professional use cases, we provide dedicated web dashboards and management tools that offer more suitable access controls, multi-user management, and monitoring capabilities. Business Users who want to build services on our APIs or manage installations for others should contact us at info@innova.it to discuss the appropriate tools and licensing. This does not limit any user’s Data Act rights under Section 11.

5.7 Third-Party Applications and AI Services. Third-party applications, services, or automated agents, including those based on artificial intelligence, may access the Service on behalf of users only through our registered integration program, using their own credentials, and not by using credentials issued to you. Sending control commands to devices through third-party applications is permitted only for integrations we have certified for safety and security. Data-only access by third parties you designate is available under Section 5.5 and the Data Act on fair, reasonable and non-discriminatory terms. You may use your own Device Data, including with AI tools, for any lawful purpose under Section 11. You may use your personal API credentials with software you run for yourself, within the applicable rate limits, but not to provide a service to others.

6. Device Compatibility and Third-Party Hardware

6.1 The Service is designed to work with specific compatible devices. We do not guarantee compatibility with other hardware, firmware versions, or network configurations.

6.2 The Service does not replace the manufacturer’s installation and safety instructions. All devices must be installed by qualified professionals in accordance with applicable regulations and manufacturer guidelines.

6.3 We are not the manufacturer of the physical devices controlled through the Service. Warranty, product liability, or safety claims relating to the physical device itself must be directed to the device manufacturer or seller.

7. Availability and Updates

7.1 We make reasonable efforts to keep the Service available at all times. The Service may be temporarily unavailable due to maintenance, updates, server issues, or circumstances beyond our reasonable control. We will announce planned maintenance in advance where possible.

7.2 Updates. We supply the updates, including security updates, needed to keep the Service in conformity and secure for the support period indicated on the device’s manual, or at least 3 years from the date the device model is first placed on the market. Security updates for the IoT Firmware are provided under the same conditions.

7.3 Changes to the Service. We may change features of the Service beyond what is needed to keep it in conformity only for a valid reason, such as technical developments, security, legal requirements, or improving the Service. Such changes are made at no additional cost to you, and we will inform you clearly and in advance. If a change negatively affects your access to or use of the Service in more than a minor way, you may terminate these Terms free of charge within 30 days of the change or of being informed of it, whichever is later.

7.4 Discontinuation. If we decide to discontinue the Service or a material part of it, we will give you at least 6 months notice through the apps, the Dashboard, or by email. Until the Service ends, you will be able to export your Device Data and personal data.

8. User Responsibilities

8.1 You agree to use the Service only for its intended purpose and in compliance with all applicable laws and regulations.

8.2 You are responsible for:

  • The proper installation, configuration, and maintenance of your devices
  • Ensuring that your device settings (temperature setpoints, schedules, modes) are appropriate for your environment and do not create unsafe conditions (e.g., frozen pipes, overheating, legionella risk in hot water systems)
  • The remote control commands you send through the Service

8.3 The Service is a remote monitoring and control tool and is not a safety system. You must not rely on the Service as the sole means of preventing property damage, personal injury, or any hazardous condition. Independent safety systems and protections must be in place at all times.

9. Intellectual Property

9.1 The Service — including all of its components (Mobile Apps, Dashboard, IoT Firmware, Cloud System, APIs), and all associated content, features, functionality, software, code, design, text, graphics, logos, and trademarks — is our property or that of our licensors and is protected by applicable intellectual property laws.

9.2 These Terms do not grant you any right, title, or interest in the Service beyond the limited license set forth in Section 4. Your Device Data is not part of the Service; your rights over it are set out in Section 11.

10. Privacy and Data Protection

10.1 How we process personal data is described in our Privacy Policy. The Privacy Policy is information we give you under the GDPR; it is not part of this contract and you are not asked to accept it.

10.2 Your choices. Some features depend on optional choices you make in the app: storing your device history (Data history), smart services, product improvement, and support access for installers and service staff, as well as app analytics and crash reporting. Each choice is separate, can be changed at any time, and affects only the features that depend on it. Basic functionalities for monitoring and controlling of your devices do not depend on any of these choices.

10.3 Changes to the Privacy Policy. We may update the Privacy Policy and will notify you of material changes through the Mobile Apps, the Dashboard, or by email. Where a change introduces processing that requires your consent, we will ask for it separately. If you decline, only the features that depend on that consent will be affected.

10.4 User Roles. The Service supports different user roles within a home:

  • Owner — the user who created the home. The Owner has administrative control over the home, its devices, and its members, and makes the home-level choices described in Section 10.2 for the home’s Device Data.
  • Member — a user invited by the Owner to access and control devices within the home. Each Member has their own account and receives the Privacy Policy when joining. The Owner’s choices do not replace a Member’s own consent where the law requires it for the Member’s personal data.

By inviting Members to a home, the Owner agrees to inform them that the home’s device operating history may be recorded according to the Owner’s choices, as described in the Privacy Policy. If the Owner turns off an optional choice, the related features become unavailable for all users of that home.

10.5 For questions about your personal data, data access requests, or data portability, see the Privacy Policy or contact us at info@innova.it.

10.6 Security Incident Reporting. If you discover a security vulnerability or become aware of a cyber security incident affecting any component of the Service — including the Mobile Apps, Dashboard, IoT Firmware, Cloud System, or APIs — please report it responsibly following the instructions published at /.well-known/security.txt. Please do not publicly disclose any vulnerability before we have had a reasonable opportunity to investigate and address it.

11. Your Device Data and the EU Data Act

11.1 Access. You can access your Device Data free of charge. Current and basic data are always shown in the apps. The full data from all device sensors is made available through the cloud when you turn on Data history, which is free of charge and does not require you to allow any use of your data by us. You can export your data in the Dashboard, or on request at info@innova.it. Details on the data generated, its format, and how to access it are in the EU Data Act information page.

11.2 Your use of the data. You may use your Device Data for any lawful purpose, including commercial purposes, and have it shared with third parties as described in Section 5.5. As provided by the Data Act, you may not use the data to develop a product that competes with the device from which it originates, share it with a third party for that purpose, or use it to derive insights about our economic situation, assets, or production methods.

11.3 Our use of non-personal Device Data. You agree that we may use non-personal Device Data to operate, secure, and update the Service and to handle your support requests. Any other use requires your separate agreement through the choices in the app. Examples of such optional features are:

  • Advanced alerts and predictive maintenance,
  • Smart features such as automatic learning of user comfort preferences,
  • Better customer support services,
  • Product improvement

You can withdraw any individual agreement at any time in the app, with effect for the future. Personal data is processed only as described in the Privacy Policy.

11.4 Trade secrets and security. Where Device Data includes trade secrets, we may ask you or the designated third party to agree to reasonable confidentiality measures before disclosure. We will refuse access only in the exceptional cases allowed by the Data Act, and will explain why. We may also restrict access where it would seriously undermine the security of the devices, as permitted by the Data Act.

11.5 Complaints. You can complain about an infringement of your Data Act rights to the Italian competent authorities designated under Art. 37 Data Act.

11.6 Any term of these Terms that excludes, derogates from, or varies your rights under the Data Act is not binding on you.

12. Warranties

12.1 Consumers in the European Union. If you are a Consumer resident in the EU, you benefit from the legal guarantee of conformity for digital content and digital services under Articles 135-octies and following of the Italian Consumer Code (Legislative Decree 206/2005) and the equivalent laws of your country of residence. Nothing in these Terms limits that guarantee.

12.2 Other users. For Business Users and users outside the EU, and to the extent permitted by applicable law, the Service is provided “as is” and “as available”, and we disclaim implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will meet your specific requirements or operate without interruption or errors.

12.3 For all users, the Service is a companion tool, not a safety system (see Section 8.3), and data displayed in the Service is provided for information and may be affected by connectivity or sensor issues.

13. Limitation of Liability

13.1 Consumers in the European Union. We are liable in accordance with applicable law. Nothing in these Terms excludes or limits our liability for death or personal injury, for wilful misconduct or gross negligence, for fraud, or for any other liability that cannot be excluded or limited under Italian or EU law, including mandatory consumer protection law. Except in those cases, we are not liable for damage that was not a foreseeable consequence of our breach at the time the contract was concluded.

13.2 Business Users and users outside the European Union. To the maximum extent permitted by applicable law, Innova S.r.l., its directors, officers, employees, agents, and affiliates are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, or data, or costs of substitute goods or services. Our total aggregate liability for all claims arising out of or relating to these Terms or the use of the Service shall not exceed the amount you paid us in the twelve (12) months preceding the event giving rise to the claim. This Section 13.2 does not limit liability for death or personal injury, wilful misconduct, gross negligence, or fraud.

13.3 For users in the United States: some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you in full. In such cases, our liability shall be limited to the greatest extent permitted by applicable state law.

14. Indemnification

14.1 Business Users agree to indemnify and hold harmless Innova S.r.l., its directors, officers, employees, and agents from claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from their breach of these Terms, their violation of applicable law, or improper installation, configuration, or maintenance of devices they manage through the Service.

14.2 Consumers are liable only in accordance with applicable law for damage caused by their breach of these Terms.

15. Termination

15.1 You may terminate these Terms at any time, free of charge, by deleting your account or home in the app. Before doing so, you can export your data (Section 11.1).

15.2 We may terminate these Terms or suspend your access:

  • With immediate effect, for just cause, including a serious or repeated breach of these Terms, misuse of the Service, or a threat to the security of the Service or other users; in that case we will tell you the reason
  • For any other reason, with at least 6 months notice, during which you can export your data

15.3 Upon termination, your right to use the Service ceases. Sections 9, 11.2, 12, 13, 14, 16, and 17 survive termination.

15.4 Following account deletion, your personal data will be handled in accordance with the retention periods described in the Privacy Policy.

16. Governing Law and Dispute Resolution

16.1 For users in the European Union: these Terms are governed by Italian law, without regard to conflict-of-law provisions. This does not deprive Consumers of the protection of mandatory provisions of the law of their country of residence.

16.2 Consumers may bring proceedings, and may be sued, only before the courts of the place where they reside or are domiciled in the EU. For Business Users, the courts of Rovereto (TN), Italy, have exclusive jurisdiction.

16.3 Consumers can also use out-of-court dispute resolution; we do not currently adhere to an alternative dispute resolution body.

16.4 For users in the United States: these Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict-of-law provisions. Any disputes arising under these Terms shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, conducted in English. You agree to waive any right to a jury trial or to participate in a class action. If a court of competent jurisdiction finds the arbitration clause unenforceable, exclusive jurisdiction shall lie with the federal and state courts located in the State of Delaware.

17. General Provisions

17.1 Entire Agreement. These Terms constitute the entire agreement between you and Innova S.r.l. regarding the use of the Service and supersede all prior agreements and understandings. The Privacy Policy and the EU Data Act information page provide information and do not form part of this agreement, except where these Terms expressly refer to them.

17.2 Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

17.3 Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

17.4 Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to a company of our group or to a successor of the Service, provided this does not reduce your rights or guarantees; we will inform you of any assignment.

17.5 Force Majeure. We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemics, government actions, power failures, internet or telecommunications failures, or third-party service outages we could not reasonably avoid.

17.6 Changes to these Terms. We may change these Terms for a valid reason, such as changes in the law, in the Service (Section 7.3), or in security requirements. We will notify you of material changes through the Mobile Apps, the Dashboard, or by email at least 30 days before they take effect. If you do not agree, you may terminate these Terms free of charge before the changes take effect, and export your data. Changes required by law may take effect earlier where the law requires.

18. Contact Information

For any questions or concerns regarding these Terms, please contact us at:

INNOVA S.r.l. via 1° Maggio 8 38089 Storo (TN), Italy

General: info@innova.it

Security: security@nextairq.com