AirTouch Terms & Conditions 2026

1. Parties and Application of These Terms

1.1 These Terms and Conditions (Terms) apply to all AirTouch products and services (including the AirTouch console software, the AirTouch mobile application, associated cloud services, AirTouch Secure devices, and related support services) provided by Polyaire Pty Ltd (ACN 007 673 690) trading as AirTouch (AirTouch, we, us, our).

1.2 By purchasing an AirTouch product, creating an AirTouch account, linking a device to your account, using any Cloud Feature, or otherwise using the AirTouch mobile application, you agree to be bound by these Terms.

1.3 These Terms supersede and replace all prior terms and conditions relating to AirTouch products and services, including any product terms previously published by Polyaire. Where there is any inconsistency between these Terms and any prior document, these Terms prevail.

1.4 Our Privacy Policy (as updated from time to time and published on our website) forms part of these Terms by reference. Continued use of Cloud Features after an update to the Privacy Policy constitutes acceptance of the updated policy.

2. Definitions

3. AirTouch Secure — Important Disclaimers

3.1 AirTouch Secure products (including cameras, sensors, and related devices) are designed to assist with property awareness and convenience. They are not, and must not be relied upon as, a security system, monitored alarm, burglar alarm, fire alarm, or life-safety device.

3.2 AirTouch Secure products are not a substitute for professional security monitoring, and AirTouch does not provide or offer any monitoring service.

3.3 AirTouch Secure products may not detect or record all events due to factors including but not limited to internet connectivity, power supply, camera positioning, environmental conditions, device configuration, storage limitations, and third-party service availability.

3.4 To the maximum extent permitted by law, AirTouch is not liable for any loss, damage, injury, or claim arising from or in connection with any failure of an AirTouch Secure device to detect, record, prevent, or alert you to any event, intrusion, fire, flood, or other incident.

3.5 Nothing in this clause excludes or limits liability that cannot be excluded under the Australian Consumer Law or other applicable law.

4. Local Functionality vs Cloud Features

4.1 The Console is designed to provide local control of compatible HVAC systems and compatible local smart home devices without requiring you to create an Account. Local Console functionality depends on compatible HVAC equipment, correct installation, current firmware, and the age and condition of your Console hardware. Performance may vary based on your HVAC system configuration.

4.2 Cloud Features require you to create an Account, link your Account to your Console, and maintain internet connectivity. Cloud Features currently include, without limitation:

• remote control from the Mobile App when you are not on the same local network as the Console;
• geofencing;
• push notifications;
• camera event viewing and related camera integration features;
• integrations with smart assistant platforms (for example Google Assistant / Google Home, Amazon Alexa, and Apple Home) and other supported third-party integrations.

4.3 Core local Console functionality will not require a paid subscription. Cloud Features may be subject to separate terms, including subscription terms, as described in clause 10.

5. Accounts, Linking, and Security

5.1 To use Cloud Features you must create an Account and link the Account to your Console. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account.

5.2 You are responsible for authorising who you permit to use your Account. You must ensure any authorised users comply with these Terms and are made aware of these Terms.

5.3 If you believe your Account or linked devices have been compromised, contact us promptly at security@airtouch.net.au.

5.4 We take reasonable steps to protect credentials in accordance with industry practices. No method of storage is completely secure, and we do not guarantee against unauthorised access resulting from events beyond our reasonable control, including sophisticated cyber attacks, zero-day exploits, or third-party service provider security incidents.

6. Device Revocation and Transfers

6.1 If you sell, transfer, or cease controlling premises where an AirTouch Console is installed, you must ensure the Console is unlinked from your Account before transfer. You may unlink your Console through the Mobile App where self-service unlinking is available. If you require assistance, contact support and we will use reasonable efforts to process unlinking requests within 10 business days.

6.2 We may revoke or suspend a device’s access to Cloud Features where we reasonably believe it is necessary to protect security, prevent unauthorised access, comply with law, or maintain service integrity.

6.3 If you do not unlink before transfer, the new occupier may be unable to use Cloud Features until the Console is unlinked.

7. Permissions and Notifications

7.1 The Mobile App may request device permissions, including:

• location services (to display weather and enable geofencing, if enabled by you);
• Bluetooth and local network access (to help discover and pair devices during setup);
• push notification permissions (to deliver alerts you enable);
• camera (for QR code scanning during setup);
• microphone (for voice features, if enabled).

7.2 You can generally control these permissions through your mobile device settings. If you decline permissions, some features may be unavailable.

7.3 Data collection through device permissions is governed by our Privacy Policy.

8. Service Availability and Changes

8.1 Cloud Features depend on factors outside our control, including your internet connection, power supply, router configuration, Wi-Fi signal strength, network interference, and the availability of third-party services. We do not guarantee that Cloud Features will be available at all times or without interruption. Degradation or unavailability of Cloud Features due to external factors does not constitute a defect in the Goods or Services.

8.2 We may modify, update, suspend, or discontinue Cloud Features (in whole or in part), including to address security issues, comply with law, improve performance, or for any other reason. For planned changes that materially reduce functionality, we will provide at least 30 days’ notice where reasonably practicable. Emergency security patches and legally required changes may be made without prior notice.

8.3 We may modify, suspend, or discontinue any feature or service if required by changes in applicable law, regulation, or industry standards. Where such changes materially affect your use, we will provide reasonable notice. We are not liable for any loss arising from compliance with legal or regulatory requirements.

9. Third Party Services

9.1 Some features rely on Third Party Services. For example, camera-related features rely on services provided by a third-party camera service provider, and smart assistant integrations rely on platforms provided by Google, Amazon, Apple, and others. We do not control Third Party Services and are not responsible for their availability, performance, data security, terms, or continuity.

9.2 Compatibility with third-party operating systems, platforms, and applications is subject to change. We do not guarantee ongoing compatibility with any specific operating system version, third-party platform, or application.

9.3 Camera recordings are stored either on the camera’s local storage (such as an SD card) or, where you opt in, via the third-party camera service provider’s cloud services. We do not currently offer paid subscription services for camera storage.

9.4 If a third-party camera service or other Third Party Service is discontinued or materially changed, we will use reasonable efforts to provide notice but are not liable for resulting loss of functionality.

9.5 We are not liable for any fees payable for the use of a Third Party Service, or for any liability resulting from your use of a Third Party Service, even if accessed through AirTouch.

9.6 We do not guarantee that use of Third Party Services will not adversely affect AirTouch products.

10. Subscriptions and Paid Services

10.1 We may offer paid subscriptions or premium features from time to time. Paid features will be subject to additional terms, including pricing, billing frequency, auto-renewal, and cancellation rights, which will be presented to you before purchase.

10.2 Core local Console functionality will not require a paid subscription.

10.3 If we permanently discontinue a paid Cloud Feature during your paid subscription period, we will provide a proportionate refund or credit for the unused portion of your subscription, unless the discontinuation is required by law or for security reasons.

11. Software and Firmware Updates

11.1 We may deliver firmware and software updates to your Console and Mobile App automatically. Critical security updates may be delivered without prior notice. You consent to the automatic installation of security updates.

11.2 Non-security updates may be deferred in your settings where this option is available.

11.3 Where automatic updates are not enabled or available, you are responsible for installing available updates. We will make updates available through reasonable channels.

12. Installation

12.1 Installation of AirTouch hardware must be performed by a suitably qualified person, which includes a licensed electrician or HVAC technician, or a person who has completed AirTouch installation training.

12.2 We are not responsible for issues arising from incorrect installation, configuration, or commissioning performed by any person, including an installer authorised to sell AirTouch products. Installation services are provided by independent contractors who are not our agents or employees.

12.3 We are not responsible for any loss or damage resulting from downloading or installing the Mobile App or Console software incorrectly, or from continued use of incorrectly installed systems.

13. Returns and Inspection (Trade and Commercial Purchases)

13.1 This clause 13 applies to trade and commercial purchases only. Nothing in this clause affects your rights under the Australian Consumer Law.

13.2 The Buyer must inspect all Goods provided on delivery and within seven (7) business days of delivery notify us in writing of any evident defect, damage, shortage, or failure to comply with the description or quotation. Failure to notify us within this timeframe will be taken as evidence that the Goods were free from evident defects on delivery, but does not affect rights in respect of latent defects or rights under the Australian Consumer Law.

13.3 We are not under any duty to accept Goods returned by the Buyer except in accordance with these Terms, the Australian Consumer Law, or as otherwise agreed in writing.

13.4 Goods made to special order or non-catalogue items are not eligible for return except where required by the Australian Consumer Law.

14. Consumer Guarantees (Australia)

14.1 Our Goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law or other applicable law that cannot be lawfully excluded.

14.2 Where Goods are purchased as a Consumer:

• the Goods are supplied subject to the consumer guarantees under the Australian Consumer Law;
• if the Goods fail to meet any consumer guarantee, you will be entitled to such rights and remedies as are permitted or provided under the Australian Consumer Law;
• you may only exercise any right or remedy for breach of a consumer guarantee strictly in accordance with the Australian Consumer Law.

14.3 Where Goods are not of a kind ordinarily acquired for personal, domestic, or household use or consumption and we are not a manufacturer under the Australian Consumer Law, our liability for breach of a consumer guarantee is limited (at our option) to repairing or replacing the Goods, supplying equivalent goods, or paying the costs of the repair or replacement or of acquiring equivalent goods.

15. Limited Manufacturer’s Warranty

15.1 Nothing in this clause affects your rights under the Australian Consumer Law. The benefits under this warranty are in addition to your rights and remedies under any consumer guarantee.

15.2 This warranty applies only to Goods that are manufactured by us and does not apply to Goods manufactured by a third party.

15.3 Subject to this clause, we warrant that the Goods will be free of manufacturing defects for the Warranty Period.

15.4 The Warranty Period is:

• Residential / Domestic use: 5 years from the date of purchase.
• Commercial / Industrial / Rental / High-usage use: 1 year from the date of purchase.

15.5 The benefit of this warranty extends only to the original and first owner of the property in which the Goods are installed (Owner) for the duration of the Warranty Period.

15.6 If, within the Warranty Period, a manufacturing defect is discovered or the Goods fail to perform to our specifications as a result of a defect in material or workmanship (Defect), then we will, at our election:

• repair or replace the Goods at our cost (excluding costs of de-installation, re-installation, and testing, including but not limited to labour and travel costs); or
• refund part of the price paid (which may be pro-rated taking into consideration the period of ownership).

Any refund under this warranty will take into account the period of ownership. This does not limit your rights under the Australian Consumer Law, which may entitle you to a full refund or replacement for a major failure. Goods repaired or replaced under this warranty will be warranted for the remainder of the Warranty Period.

15.7 This warranty does not apply to Goods:

• installed, repaired, or maintained by any person other than a suitably qualified tradesperson;
• subjected to misuse, neglect, negligence, accidental damage, or act of God (including damage caused by fire, flood, or infestation);
• operated contrary to any operating or maintenance instructions;
• improperly handled, installed, or maintained;
• altered or modified prior to or after installation;
• used after any Defect becomes apparent or would have become apparent to a reasonably prudent user;
• exposed to operating circumstances that could cause damage (including damage to external surfaces and refrigeration coils in a corrosive environment);
• removed and reinstalled at another site;
• fitted with any non-genuine spare part;
• hired to any person;
• installed in a mobile application (including a caravan or boat);
• damaged as a result of faulty or incorrect wiring, incorrect power supply, voltage fluctuations, over-voltage transients, electromagnetic interference, or improper storage; or
• in respect of which any serial number is altered or removed.

15.8 This warranty does not apply to:

• faulty or defective design of Goods unless we have designed the Goods and expressly accept responsibility for such design in writing;
• fair wear and tear (including consumables such as batteries, filters, and air purifiers); or
• discolouration of plastic components.

15.9 To make a claim under this warranty, you must return the Goods to one of our stores together with proof of purchase, or on such other terms as may be agreed in writing. You will be responsible for all costs of returning Goods and for collection or re-delivery once they are repaired or replaced.

15.10 We reserve the right to not accept any Goods which have not been returned in accordance with this warranty.

16. New Zealand

16.1 AirTouch products supplied in New Zealand are supplied via trade and distribution channels. Your distributor or reseller may provide additional terms, support arrangements, or warranty processes that apply to your purchase.

16.2 Where AirTouch products are supplied to consumers in New Zealand, your rights under the Consumer Guarantees Act 1993 (NZ) are not affected by these Terms.

17. Limitation of Liability

17.1 This clause does not limit our liability under the Australian Consumer Law or any other applicable law to the extent that such liability cannot be lawfully excluded or limited.

17.2 To the maximum extent permitted by law, we exclude liability in tort for pure economic loss. Nothing in these Terms excludes liability for death or personal injury caused by our negligence.

17.3 To the maximum extent permitted by law, we are not liable to you or to any third party for any Consequential Loss arising out of or in connection with your use of the Goods or Services, including any failure, outage, or degradation of Cloud Features.

17.4 To the extent permitted by law, our total aggregate liability to you for any claim arising out of or in connection with the Goods or Services is limited to the greater of: (a) the amount you paid for the relevant Goods or Services in the 12 months preceding the claim; or (b) AUD $500, unless a non-excludable consumer guarantee applies.

17.5 We are not liable for any loss or damage suffered by you or any third party arising from or in connection with:

• any failure, degradation, or unavailability of Cloud Features caused by factors outside our reasonable control, including internet connectivity, power supply, router configuration, Wi-Fi interference, or third-party service outages;
• any reliance on AirTouch Secure products as a security system, monitored alarm, or life-safety device;
• any automated actions (including schedules, geofencing, and device event rules) that operate as configured by you;
• any use of Third Party Services accessed through or integrated with AirTouch;
• any loss or damage occurring while Goods are in transit; or
• any delay in assessing a warranty claim or repairing or replacing Goods.

17.6 You are responsible for configuring automated features (such as schedules and geofencing triggers) appropriately for your circumstances. We are not liable for any loss arising from automated actions that operate as configured.

17.7 Under no circumstances shall our liability exceed the price paid for the relevant Goods or Services, except where a non-excludable consumer guarantee applies.

18. Indemnity (Trade and Commercial Purchasers Only)

18.1 This clause applies to trade and commercial purchasers only and does not apply to Consumers as defined under the Australian Consumer Law.

18.2 The Buyer will indemnify and hold harmless AirTouch against any claim made against AirTouch by a third party for any Consequential Loss arising out of the Buyer’s use of the Goods or Services, to the extent that such loss was not caused by AirTouch’s negligence or wilful misconduct.

19. Intellectual Property

19.1 All intellectual property in the Goods, Console software, Mobile App, and Services remains our property (or the property of our licensors).

19.2 You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Mobile App and Console software for personal, non-commercial control of compatible HVAC and smart home systems.

19.3 You must not copy, modify, reverse engineer, decompile, or attempt to bypass security or access controls, except to the extent permitted by law.

19.4 Where we have designed or drawn Goods for the Buyer, the copyright in those designs and drawings remains vested in us and shall only be used by the Buyer at our discretion.

19.5 You grant us a non-exclusive, royalty-free, perpetual licence to use any feedback, suggestions, or ideas you provide to improve our products and services, without restriction or obligation to you.

20. Acceptable Use, Termination, and Suspension

20.1 You must not misuse the Services. Misuse includes (without limitation):

• probing, scanning, or testing system vulnerabilities;
• attempting unauthorised access to any system, data, or Account;
• reverse engineering APIs or protocols;
• scraping data from AirTouch systems;
• using Services for commercial purposes without authorisation;
• interfering with normal operation of the Services; or
• any use that is unlawful, fraudulent, or harmful.

20.2 We may suspend or terminate your access to Cloud Features if you breach these Terms, if we reasonably suspect unauthorised use, or if required to protect security or comply with law.

20.3 You may stop using the Services at any time. Account deletion requests are handled in accordance with the Privacy Policy.

21. End-of-Life and Service Discontinuation

21.1 We may designate a product as end-of-life, after which Cloud Features and software updates will no longer be provided for that product. We will provide at least 12 months’ notice before ending Cloud Feature support for a product line.

21.2 Local Console functionality will continue to operate independently of Cloud Features after end-of-life, subject to hardware condition and compatible HVAC equipment.

21.3 End-of-life designation does not affect any rights you may have under the Australian Consumer Law or under the limited manufacturer’s warranty (clause 15) for the applicable Warranty Period.

22. Data, Privacy, and Analytics

22.1 We collect and use personal information in accordance with our Privacy Policy.

22.2 We use diagnostic logs, telemetry, and performance monitoring to operate, secure, and improve AirTouch. Where practicable, we take steps to minimise personal information in telemetry and logs.

22.3 Our Privacy Policy also explains how we use cookies and similar technologies on our website and web portal.

22.4 Data collection and use is governed by our Privacy Policy. By using AirTouch, you acknowledge you have read and understood the Privacy Policy.

23. Support Services

23.1 Support may be provided through our support channels, including our ticketing system. When you contact support, you may be asked to provide information necessary to diagnose issues.

23.2 Support is provided as assistance only and we do not guarantee resolution of all issues. We are not responsible for diagnosing or resolving issues relating to your Wi-Fi network, router configuration, internet service, power supply, or other matters outside our reasonable control.

24. Access to Property

24.1 The Buyer must grant us access to enter and remain at any property where Goods are installed for the purpose of inspecting Goods in respect of any warranty or other claim, or to repossess Goods where payment has not been received in full and title has not passed.

24.2 We will endeavour to provide at least 48 hours’ notice prior to access.

24.3 The Buyer must ensure that our representatives have convenient, unobstructed, and safe access to all relevant parts of the property.

25. Force Majeure

25.1 Neither party is liable for failure or delay in performing obligations caused by events beyond reasonable control, including:

• natural disasters, fire, flood, drought, storm, or earthquake;
• pandemic, epidemic, or public health emergency;
• war, terrorism, civil unrest, or government action;
• sanctions, embargo, or regulatory change;
• cyber attack, security incident, or denial-of-service attack;
• failure of third-party infrastructure, cloud services, internet service providers, or telecommunications;
• power outage or utility failure; or
• supply chain disruption.

25.2 The affected party will use reasonable efforts to resume performance. If a force majeure event continues for more than 90 days, either party may terminate the affected obligations by written notice.

26. Dispute Resolution

26.1 Before commencing legal proceedings, a party must first notify the other in writing and the parties must attempt to resolve the dispute in good faith within 30 days. Discussions may be conducted by video or teleconference.

26.2 If the dispute is not resolved within 30 days, either party may refer the dispute to mediation administered by the Resolution Institute (or such other body as agreed). The mediator will be appointed by agreement, or failing agreement within 7 days, by the then-current President of the Law Society of South Australia. Mediation costs will be borne equally.

26.3 If mediation does not resolve the dispute within 60 days, or if the parties do not both consent to mediation, either party may commence legal proceedings.

26.4 During the dispute resolution process, the parties must continue to perform all obligations not in dispute.

26.5 To the maximum extent permitted by applicable law, you agree that any dispute will be resolved on an individual basis and not as part of a class, consolidated, or representative action.

27. Assignment and Change of Control

27.1 We may assign, transfer, or novate our rights and obligations under these Terms to any affiliate, successor, or purchaser of all or substantially all of our business or assets, without your consent. Such assignment will not reduce your rights under these Terms or applicable law.

27.2 You may not assign or transfer your rights under these Terms without our prior written consent.

28. Regulatory Changes

28.1 We may modify, suspend, or discontinue any feature or service if required by changes in applicable law, regulation, or industry standards. Where such changes materially affect your use, we will provide reasonable notice. We are not liable for any loss arising from compliance with legal or regulatory requirements.

29. Governing Law and Jurisdiction

29.1 These Terms are governed by the laws of South Australia, Australia. You submit to the exclusive jurisdiction of the courts of South Australia and any court competent to hear appeals from those courts.

30. Changes to These Terms

30.1 We may update these Terms from time to time by publishing the updated Terms on our website or within the Mobile App.

30.2 If we make material changes to these Terms that adversely affect your rights, we will provide at least 30 days’ notice through the Mobile App, our website, or other reasonable channels.

30.3 If you do not agree to the updated Terms, you may stop using Cloud Features and request deletion of your Account. Continued use of Cloud Features after the notice period constitutes acceptance of the updated Terms.

31. General

31.1 If any term of these Terms is invalid, void, illegal, or unenforceable, the validity, existence, legality, and enforceability of the remaining provisions will not be affected.

31.2 Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

31.3 These Terms, together with the Privacy Policy and any applicable Hardware Warranty Terms and subscription terms, constitute the entire agreement between you and AirTouch in relation to the Goods and Services, and supersede all prior agreements and understandings.

32. Contact

General enquiries: support@airtouch.net.au

Privacy requests: privacy@airtouch.net.au

Security incidents and vulnerability reports: security@airtouch.net.au