Effective Date: 1 November 2016
ResMed provides a variety of sleep monitoring products (collectively “Products”) that can operate independently or can collaborate with software applications, including certain websites and mobile applications. Thank you for using ResMed myAir software services in connection with the Products, including but not limited to the mobile application known as myAir (“Mobile App”, if available in your region), myAir.ResMed.com and myAir.ResMed.eu (collectively, the application, websites and the Content, and services provided on the application and websites, are referred to as “Service”).
- ResMed Corp., a Delaware corporation, headquartered in 9001 Spectrum Center Blvd. San Diego, CA 92123 United States, to the extent that your usual place of residence when you download the myAir Application is in North, South and Central America;
- ResMed SAS, a company incorporated in France (company registration number 407775170) whose registered office is Parc Technologique de Lyon, 292 allée Jacques Monod, 69791 Saint Priest Cedex, France, to the extent that your usual place of residence when you download the myAir Application is in France;
- ResMed Deutschland GmbH whose registered address is at Haferwende 40, 28357 Bremen, Germany, to the extent that your usual place of residence when you download the myAir Application is in Germany;
- ResMed (UK) Ltd., a company incorporated in England (company registration number 02863553), whose registered address is at 96 Jubilee Avenue, Milton Park, Abingdon Oxfordshire, United Kingdom, OX14 4RW, to the extent that your usual place of residence when you download the myAir Application is anywhere in Europe other than France or Germany; and
- ResMed Holdings Limited, a company incorporated in Australia (company registration number 28 003 765 133), whose registered address is at 1 Elizabeth Macarthur Drive, Bella Vista, NSW 2153, to the extent that your usual place of residence when you download the myAir Application is in Asia Pacific and the Middle East.
For users in Europe, once you register your Product and activate your account, your device will start transmitting data.
For users everywhere else, your Product is already activated and transmits device data (which does not include personal information).
Click on the links below to read more about each section
For information about the way in which we use, process and share personal and non-personal information that we may obtain about you, please refer to our Privacy Notice and Cookie Notice.
+ Europe and Middle East
For users from Europe and the Middle East, the servers that host this Service and that are used to communicate with you are located in Europe, and any personal details you provide us will be processed by ResMed in Europe and Canada.
+ North, South and Central America, and Asia Pacific
For users in North, South and Central America, and Asia Pacific servers that host this Service and that are used to communicate with you are located in the United States, and any personal details you provide us will be processed by ResMed in the United States and Canada.
- Disclaimer on emergency medical conditions
DO NOT USE THE SERVICE FOR MEDICAL EMERGENCY SERVICES. IN AN EMERGENCY, IF WITHIN THE UNITED STATES CALL 911, OR IF WITHIN THE EU CALL 112, OR CALL YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
- Medical disclaimers
THE CONTENT (AS DEFINED BELOW) AVAILABLE THROUGH THIS SERVICE, OR COMMUNICATED TO YOU DIRECTLY OR THROUGH AN APPLICATION, TOOL, OR THIS SERVICE VIA TEXT, EMAIL, OR OTHER METHOD, IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF A HEALTHCARE PROFESSIONAL IN DIAGNOSING AND TREATING PATIENTS. RESMED DOES NOT, THROUGH THIS SERVICE OR ITS AVAILABLE FUNCTIONS, PROVIDE MEDICAL ADVICE, NOR DOES IT PROVIDE MEDICAL PRESCRIPTIONS, TREATMENTS, OR DIAGNOSTIC SERVICES. ADDITIONALLY, THE USE OF THE CONTENT OBTAINED THROUGH THIS SERVICE, AND INFORMATION PROVIDED BY RESMED IN CONNECTION WITH YOUR USE OF THE SERVICE OR RESMED PRODUCTS, DOES NOT ESTABLISH A PHYSICIAN-PATIENT RELATIONSHIP.
We do not provide advice to you on any issues relating to medical treatment or diagnosis (and advice does not form part of the Service) and the Content and the Service is intended solely as a resource and informational tool. Always seek the advice of a physician or other qualified health provider for any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen or read on this Service or through an application, tool, or service of this Service. We are not medical professionals and will not discuss or advise you on any issues relating to medical treatment or diagnosis.
- Intellectual property rights
Authorized and prohibited uses
Any ResMed software that is made available to download from this Service (“Software”) is the copyrighted work of ResMed and/or its affiliates or suppliers. The Software is made available for downloading solely for your non-commercial, informational, personal use pursuant to the end user license agreement (“EULA”) applicable to the Software you will have to agree to separately prior to downloading the Software, and any reproduction or redistribution of the Software other than as permitted in the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. In addition, downloading Software is prohibited if you are utilizing this Service from any of the countries to which the export of software is prohibited by the U.S. Department of Commerce (https://www.bis.doc.gov/index.php/policy-guidance/country-guidance/sanctioned-destinations). Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited.
Compliance Copyright inquiries
ResMed respects the rights of all copyright holders and in this regard, we have adopted and implemented a statement that provides for the termination in appropriate circumstances of users of this Website who infringe the rights of copyright holders.
For copyright inquiries, please contact ResMed's Copyright Agent at:
Vice President, General Counsel-Americas
ResMed Corp. Legal Department
9001 Spectrum Center Blvd.
San Diego, CA 92123
Phone: (877) 389-8868
- Service administration
Registration and passwords
At times, we may require you to have a password and provide registration details to access this Service or portions of this Service. To the extent that we require a password and registration details, the details you provide must be correct, current and complete. If ResMed believes that the details are not correct, current and complete, we have the right to refuse you access to the Service, or any of its resources, and subject to applicable local laws to terminate or suspend your account. You are only entitled to register and use the Service with your Product serial number as long as you use this device for your own therapy. To contact the technical myAir support team please use the following contact details:
Europe and Middle East
For all users outside of Europe and Middle East
You have to maintain the confidentiality of any password(s) you are given to access this Service. ResMed will not be liable for any loss that you incur as a result of someone else using your password based on your negligent or intentional disclosure of your password. You may be held liable for any losses incurred by ResMed, its affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password as a result of your negligent or intentional disclosure of your password. You agree to notify us immediately of any unauthorized use of your password(s). We reserve the right not to issue a password to any person or entity.
Updates to the Service
Access arrangements and fees
Unless otherwise agreed between you and ResMed, you must not link to any page of this Service except a direct link to the top page (e.g., myAir.resmed.com) without framing. Moreover, if ResMed deems your linking practices in relation to this Service to be inappropriate, ResMed may choose to delete the link or to provide you with notice concerning removal or modification of the inappropriate link, and you agree to comply with any and all reasonable requirements of ResMed relating thereto.
Access to the Service
While it is ResMed's objective to make the Service accessible 24 hours per day, seven days per week, the Service may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of ResMed, access to the Service may be interrupted, suspended or terminated from time to time. ResMed will have the right at any time to change or discontinue any aspect or feature of the Service, including, but not limited to, Content, hours of availability and equipment needed for access or use.
Termination of the Service
We may, in our discretion, terminate the Service for convenience by providing you with not less than 14 days’ prior notice. An example of the reasons we may terminate the Service includes, but is not limited to, you having not used your account for 90 days or more.
You agree not to submit any content to this Service or commit any act involving the transfer of information relating to any Content in violation of applicable import/export control, espionage or national security laws.
Limitations of the Service due to reliance on third parties
The Service relies on certain third-party providers. For example, we rely on mobile operating system vendors and mobile carriers to enable mobile device notifications through the Service. These third-party providers are not our subcontractors, are beyond our control and their services may not operate in a reliable manner or be available 100% of the time. ResMed is not responsible for any damages and losses due to the operation of these third-party providers.
- Your obligations
You agree to comply with all applicable laws in connection with your use of this Service.
Functional compatibility and system abuse
Your cooperation and notification
+ The following provisions apply only for users in North, South and Central America, and Asia Pacific apart from Australia
The information that is downloaded from this Service for or on behalf of the Government of the United States of America and/or its agencies ('US Government') is provided with Restricted Rights. Use, duplication or disclosure by the US Government is subject to the restrictions set forth in DFARS 252.227-7013 and FAR 52.227-14 and 48 CFR 52.227-19, as applicable.
- Limitations on Liability and Remedies
THIS SERVICE, ITS CONTENT AND ITS LINKS ARE PROVIDED ON AN 'AS IS' BASIS AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. RESMED DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS SERVICE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY, FREEDOM FROM COMPUTER VIRUS OR CONTINUED AVAILABILITY. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
+ The following provisions apply only for users in Australia
RESMED'S GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER AUSTRALIAN CONSUMER LAW. YOU ARE ENTITLED TO A REPLACEMENT OR REFUND FOR A MAJOR FAILURE AND FOR COMPENSATION FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE. YOU ARE ALSO ENTITLED TO HAVE THE GOODS REPAIRED OR REPLACED IF THE GOODS FAIL TO BE OF ACCEPTABLE QUALITY AND THE FAILURE DOES NOT AMOUNT TO A MAJOR FAILURE.
+ Limitations on liability and remedies for users in the in North, South and Central America, and Asia Pacific
Your reliance on information and Content obtained by you from ResMed at or through this Service is solely at your own risk, including any such Content you share with a third-party healthcare professional. Neither we nor providers of content to us (“Content providers”) assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any use of any product, information, idea or instruction contained in the Content.
RESMED'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH RESMED (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SERVICE) IS TO DISCONTINUE YOUR USE OF THE SERVICE. RESMED AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE INFORMATION ON THIS WEBSITE OR THIS SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE MOBILE APP OR REGISTRATION WITH RESMED. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF RESMED HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, RESMED AND ITS VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. RESMED DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THIS SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF RESMED WILL BE LIMITED TO, IN THE SOLE DISCRETION OF RESMED, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK; OR (2) REFUND OF ANY FEES FOR THIS SERVICE RECEIVED BY RESMED FROM YOU.
You expressly understand and agree that ResMed and its Content Providers WILL NOT BE LIABLE to you for:
- any loss or damage which may arise from your use of the Service, including without limitation as a result of any reliance placed by you on the accuracy, completeness or suitability of the Content;
- to the full extent permitted by law, any damages whatsoever, including without limitation direct, indirect, special, incidental, consequential damages arising out of or in connection with your use of, your inability to use, or results of the use of the Website and any linked websites (including without limitation for loss of or damage to business, revenues, goodwill or data) even if ResMed had previously been advised of, or reasonably could have foreseen, the possibility of such loss or damages, however they arise, whether in breach of contract, negligence or other tortious action.
+ Limitations on liability and remedies for users in Europe apart from Germany
+ Limitations on Liability and Remedies for users in Germany
The following shall apply if you are located in Germany: ResMed’s liability shall be excluded in case of a slightly negligent (leichte Fahrlässigkeit) breach of duty by ResMed, unless a duty is breached which is material to the achievement of the contractual purpose (so-called cardinal obligations) in which case ResMed’s liability shall be limited to damages which are typical and foreseeable for this kind of Service. However, no exclusion or limitation of liability shall apply in case of (i) damage to life, body or health, or (ii) other damages due to an intentional or grossly negligent breach of duty by ResMed.
This Section 9 does not apply to users located in Germany.
Third-party sites and other information
This Service may contain as a convenience to you, content, links and other information submitted by third parties (not being subcontractors of ResMed) over whom ResMed has no control. ResMed has no obligation to monitor, control or restrict the use of this Service, or third-party Services accessible via links on this Service. These other sites are not under ResMed's control, and you acknowledge that ResMed is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by ResMed or any association with its operators. Use of such third-party websites may be subject to a third party’s terms and conditions and is at your own risk.
Separate terms and conditions
Dispute resolution; applicable law and forum
+ For users in North, South and Central America
+ For users in Europe
+ For users anywhere apart from North, South and Central America, and Europe
By using the Website, you agree that the law of New South Wales, without regard to its conflict of laws principles, will govern all matters between you and ResMed with respect to your use of the Website and you agree to submit to the exclusive jurisdiction of the New South Wales courts.