These Terms of Service form a binding agreement between you and ACM Infinity Holdings, LLC, the company that operates the AIRVAC website and services. The company is located at 7362 W Hawthorn Leaf Dr, Herriman - 84096-1227, United States (US). By accessing the AIRVAC website, by submitting an inquiry through our contact page, or by engaging any of our services, you agree to be bound by these terms. If you do not agree with any part of these terms, please do not use the website or the services.
We may update these terms from time to time, and the version that applies to you is the version that was in effect at the time of your use of the website or the signing of your service agreement. We will post any revised terms on this page, and we will note the date of the most recent revision at the top of the document. Your continued use of the website or services after a revision is posted means that you accept the revised terms.
These terms are written in English, and the English version is the version that governs our relationship. Any translation of these terms is provided for convenience only and does not have legal effect. Please read these terms carefully and keep a copy for your records.
The AIRVAC website and the services described on it are provided by ACM Infinity Holdings, LLC, a company organized under the laws of the United States, with a business address of 7362 W Hawthorn Leaf Dr, Herriman - 84096-1227, United States (US). The digital services associated with AIRVAC, including the website, analytics dashboards and automation platforms, are developed and operated with the involvement of the developer Infinitay on behalf of the company.
The company may be contacted by email at direct@airvac.lol or by phone at +19087677496. Any notice required to be given to us under these terms may be sent to the email address above, and any notice sent to that address will be deemed received on the next business day following the date of sending.
Where these terms refer to we, us or our, they mean ACM Infinity Holdings, LLC and its permitted subcontractors. Where these terms refer to you or your, they mean the person or organization using the website or engaging the services, including any authorized representatives of that organization.
The AIRVAC website may be used by any person who is at least eighteen years of age. If you are using the website on behalf of a company or other organization, you confirm that you are authorized to bind that organization to these terms. If you do not have that authority, you may not use the website or the services on behalf of the organization.
We may refuse service to any person or organization at our discretion, subject to applicable law. We may also suspend or terminate access to the website at any time, with or without notice, where we believe in good faith that continued access would violate these terms, harm the security or integrity of the website, or create liability for us or for other users.
By using the website, you agree that all information you provide to us is accurate, current and complete, and that you will update that information when it changes. Providing false information may result in the refusal or termination of service.
The AIRVAC website is provided for lawful purposes only. You agree not to use the website in any way that violates applicable law or that could damage, disable, overburden or impair the website, the servers that host it, or the networks connected to it. You agree not to attempt to gain unauthorized access to any part of the website, any accounts, or any systems or networks connected to the website.
You agree not to scrape, copy, reproduce, republish, download or transmit any substantial part of the content of the website without our prior written consent, and not to use automated tools, robots or data collection methods that generate excessive traffic. You agree not to interfere with the normal operation of the website, including by introducing malicious code or by conducting automated testing without permission.
The content on the website is provided for general information about our company and services. It does not constitute professional engineering advice, a quote, or an offer of service. You should not rely on the content of the website as a substitute for a formal consultation with our engineering team.
AIRVAC provides computer systems design and computer integrated systems design services, including duct system engineering, airflow analytics, building automation platform configuration, energy and compliance audits, and preventive maintenance and remote care. The specific scope, deliverables and timelines for any project are defined in a written proposal or service agreement between us and the client, and those documents take precedence over the general descriptions on this website.
Services are delivered by our engineers, technicians and permitted subcontractors. We may use subcontractors to perform portions of a project, and we remain responsible for the quality of the work performed by any subcontractor we engage. We will not assign subcontractors in a way that conflicts with the specific terms of your service agreement.
The availability of particular services may vary by location and by project. We do not guarantee that every service described on the website is available in every region, and the final scope of work for any engagement is confirmed in the written agreement before work begins.
A quote or proposal issued by us is an invitation to enter into an agreement, and it is not a binding offer until it is accepted in writing by both parties. Every quote is based on the information available to us at the time it is prepared, including site conditions, scope assumptions and pricing in effect on that date. If the information on which a quote was based changes materially, we may revise the quote and provide the client with an updated price before work proceeds.
Quotes are valid for the period stated in the quote document, which is typically thirty days. If a quote is not accepted within the stated period, it expires and a new quote must be requested. Prices are stated in United States dollars unless otherwise agreed in writing.
No work begins under a quote until the client accepts the quote in writing and, where required, provides any deposit or advance payment requested. Work performed after acceptance is governed by the accepted quote together with these terms.
Fees for services are set out in the accepted quote or service agreement. Unless otherwise agreed, fees are payable on the terms stated in the quote, which may include a deposit before work begins, progress payments during the project, and final payment upon completion. Time and materials engagements are billed at the agreed rates for actual time spent and materials used, with itemized invoices provided on a regular schedule.
Invoices are payable within the number of days stated on the invoice, which is usually thirty days from the date of the invoice. If an invoice is not paid by the due date, we may suspend work on the project until payment is received, and we may charge interest or late fees at the rate permitted by applicable law. The client is responsible for all taxes applicable to the services, other than taxes based on our income.
If a project is delayed or interrupted by the client, by site conditions, by third parties, or by events outside our reasonable control, we may charge for additional time reasonably required to complete the work, in accordance with the rates in the accepted quote.
The AIRVAC website, its design, its text, its graphics, its logos and its software are the property of ACM Infinity Holdings, LLC or its licensors, and they are protected by copyright, trademark and other intellectual property laws. Nothing on the website grants you any right or license to use the AIRVAC name, the AIRVAC marks or any other content on the website, except for your personal, non-commercial use of the website as intended.
Deliverables produced for a client under a service agreement, including designs, drawings, reports and configuration files, are provided to the client for use in connection with the client project. We retain ownership of the underlying engineering methodology, software tools, templates and know-how that we use to produce our deliverables. Any license granted to the client for software deliverables is set out in the service agreement and is limited to the purposes described there.
We respect the intellectual property of others. If you believe that content on the AIRVAC website infringes a copyright or trademark, please contact us at direct@airvac.lol with a clear description of the material and the basis of your claim, and we will review the matter promptly.
The client agrees to provide us with timely and accurate information about its facility, its systems and its requirements, and to make its premises reasonably accessible to our engineers and technicians for surveys, installations and maintenance visits. The client is responsible for ensuring that any information it provides is complete and accurate, and for obtaining any permissions needed from building owners, tenants or regulators for the work we perform.
The client agrees to designate a point of contact who can make decisions on the project and who will receive our communications and coordinate access to the site. Delays caused by a failure to provide access, information or decisions may result in adjustments to the project schedule and, where applicable, additional charges.
Where the project involves work on or near electrical systems, moving equipment or other hazards, the client is responsible for ensuring that appropriate safety procedures are in place, including lockout and tagout where applicable, and for notifying us of any known hazards on the site before work begins.
Project schedules are estimates based on the information available at the time of quoting, and they are subject to change due to factors outside our control. We will make reasonable efforts to meet agreed dates, but time is not of the essence for our services unless a written service agreement expressly states otherwise. We will notify the client promptly of any anticipated delay and will work to minimize its impact.
Site access for surveys and installations is coordinated with the client in advance. We will normally provide a schedule of site visits and will notify the client before each visit. In emergency service situations, the client may request immediate dispatch through our support desk, and response times depend on location, availability and the nature of the issue.
If access to the site is not available at the agreed time, we will reschedule at the earliest convenient opportunity. In some cases, fees for travel or mobilization already incurred may still be payable, as described in the accepted quote.
We warrant that our services will be performed with reasonable care and skill, and that our deliverables will conform substantially to the specifications in the accepted proposal. This warranty is in addition to any statutory warranties that cannot be excluded by law. If a deliverable does not conform to the specification, we will, at our option, correct the deliverable or redo the relevant work at no additional charge, provided the client notifies us in writing within a reasonable time after delivery.
Except as expressly stated in these terms or in a written service agreement, and to the maximum extent permitted by law, the website and the services are provided on an as is and as available basis, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the website will be uninterrupted, error free or secure, or that the results of our analytics or monitoring will be free from error.
Our analytics and monitoring services provide information to support your decisions; they do not replace professional judgment about the operation of your facility. We encourage clients to verify critical readings and to follow their own safety procedures.
To the maximum extent permitted by law, ACM Infinity Holdings, LLC will not be liable to you for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data, goodwill or anticipated savings, arising out of or in connection with your use of the website or the services, regardless of the cause of action and even if we have been advised of the possibility of such damages.
To the maximum extent permitted by law, our total cumulative liability to you for all claims arising out of or in connection with the website or the services, whether in contract, tort, statute or otherwise, will not exceed the total fees paid by you to us in the twelve months preceding the event giving rise to the claim. Where no fees were paid, our total liability will not exceed the sum of one hundred United States dollars.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the limitations above may not apply to you. In those jurisdictions, our liability will be limited to the greatest extent permitted by law.
You agree to indemnify, defend and hold harmless ACM Infinity Holdings, LLC, its officers, directors, employees, agents and subcontractors from and against any claims, liabilities, damages, losses, costs and expenses, including reasonable legal fees, arising out of or in connection with your use of the website, your violation of these terms, your violation of applicable law, or your breach of any duty owed to third parties.
This indemnification obligation survives the termination of these terms and of any service agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.
Nothing in this section limits or excludes any liability that cannot be limited or excluded under applicable law, and nothing requires you to indemnify us for liability caused by our own negligence or willful misconduct.
During the course of a project, we may receive access to information about your facility and your business that is confidential or commercially sensitive. We will hold that information in confidence and will use it only for the purpose of providing the services to you. We will not disclose confidential information to third parties except to our employees and subcontractors who need it to perform the work, or as required by law.
Data collected by our sensors and analytics platforms is used to operate and improve the services, and it is handled in accordance with our Privacy Policy, which is available at the privacy page of this website. We do not sell the data we collect on behalf of our clients, and we apply reasonable security measures to protect it.
Confidentiality obligations do not apply to information that is or becomes publicly available through no fault of the receiving party, information that was already known, or information that is independently developed. These obligations survive the completion or termination of a project.
These terms apply to your use of the website, and either party may end the use of the website at any time. A service engagement may be terminated by either party in accordance with the termination provisions of the applicable service agreement. Where no service agreement exists, either party may terminate a project by giving written notice, and the client will pay for all work properly performed and expenses reasonably incurred up to the date of termination.
We may suspend or terminate access to the website immediately, without notice, if you breach these terms, if we are required to do so by law, or if we determine that continued access poses a risk to the security or integrity of the website. We may also terminate or suspend a service engagement if the client fails to pay amounts due within a reasonable period after notice.
Upon termination, the provisions of these terms that by their nature should survive termination, including those relating to intellectual property, limitation of liability, indemnification, data and confidentiality, governing law and dispute resolution, will continue to apply.
We may revise these Terms of Service from time to time to reflect changes in our business, our services, or applicable law. When we make material changes, we will update the Last updated date at the top of this page and will post a notice on the website where appropriate. Changes become effective on the date they are posted, unless the notice states a later effective date.
For ongoing service engagements, the terms in effect at the time of acceptance of the proposal will continue to apply to that engagement, unless both parties agree in writing to apply newer terms. New terms will apply to any new engagement or renewal.
If any provision of the revised terms is found to be unenforceable, the remainder of the terms will continue in full force and effect, and the unenforceable provision will be reformed to the extent necessary to make it enforceable while preserving its intent.
These terms and any service agreements between you and ACM Infinity Holdings, LLC are governed by the laws of the State of Utah, United States, without regard to its conflict of laws principles. The company operates from Utah, and we consider the laws of Utah to be the appropriate law to govern our commercial relationships.
If any provision of these terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable while preserving the parties intent.
Failure by either party to enforce any provision of these terms will not be treated as a waiver of that provision or of any other provision, and will not affect the right to require performance at a later time.
We hope that any disagreement can be resolved through direct conversation. Before initiating any formal process, the parties agree to make a good faith effort to resolve the dispute through negotiation, and either party may request a meeting of representatives to discuss the matter.
Any dispute arising out of or in connection with these terms or the services that is not resolved through negotiation will be submitted to the exclusive jurisdiction of the state and federal courts located in Salt Lake County, Utah, and each party consents to the jurisdiction of those courts. Nothing in this section prevents either party from seeking equitable relief in any court of competent jurisdiction.
For disputes involving claims below a specified threshold, we may mutually agree to use an alternative dispute resolution process, such as mediation or arbitration, to resolve the matter more quickly and at lower cost. Any such process will be conducted in Utah unless the parties agree otherwise.
If any provision of these terms is found to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision will be severed from these terms to the extent necessary, and the remaining provisions will remain in full force and effect. The parties will replace the severed provision with a valid provision that comes as close as possible to the commercial intent of the original.
The headings in these terms are for convenience only and do not affect the interpretation of the terms. Words importing the singular include the plural and vice versa, and words importing a gender include all genders, unless the context requires otherwise.
These terms constitute the entire agreement between you and us with respect to the website, and they supersede all prior agreements and understandings, whether written or oral, relating to that subject matter. Where a service agreement exists, it supplements these terms, and in the event of a conflict, the service agreement governs the specific engagement.
If you have any questions about these Terms of Service or about our services, you may contact us by email at direct@airvac.lol or by phone at +19087677496. You may also write to us at the address of the company that operates AIRVAC.
The company that operates AIRVAC is ACM Infinity Holdings, LLC, located at 7362 W Hawthorn Leaf Dr, Herriman - 84096-1227, United States (US). Please include a clear description of your question and, where relevant, the reference number of any proposal or agreement so that we can respond efficiently.
We will acknowledge your message within a reasonable time and will do our best to resolve any concern. Thank you for choosing AIRVAC.