Terms of Service

1. Introduction, eligibility and acceptance

1.1 These Terms of Service (the "Terms") are issued by Airsense Bridge Limited, the parent company of Airsense Outsourcing ("Airsense", "we", "us" or "our"), a business process outsourcing (BPO) and customer experience (CX) outsourcing business having its registered office at Surulere, Lagos, Nigeria and registered in Nigeria with company registration number RC 9660686.

1.2 These Terms govern (a) access to and use of the website at https://airsenseinc.com and any related pages, forms and content (the "Website"); and (b) the provision of Services by Airsense to a Client, save where and to the extent a signed MSA, SOW or other written agreement between the parties applies.

1.3 By accessing the Website, submitting an enquiry, or instructing or receiving the Services, the User or Client acknowledges that it has read, understood and agrees to be bound by these Terms. A person who does not agree to these Terms must not use the Website or the Services.

1.4 Eligibility. The Website and Services are intended for businesses, organisations and professionals. They are not directed at consumers or at children. By using the Website or Services, the User warrants that it is at least 18 years old and, where it acts for an organisation, that it is authorised to bind that organisation.

1.5 Contract formation. These Terms do not by themselves create an obligation on Airsense to provide the Services. A binding engagement for Services is formed only when the parties execute an MSA and/or a SOW, or Airsense issues and the Client accepts a written proposal, order confirmation or SOW. Marketing statements and Website content are invitations to treat, not offers.

1.6 We may amend these Terms from time to time. The version in force is the one published on the Website on the date of access, identified by the version and effective date on the cover. Material changes affecting an active engagement will be handled through the change-control provisions of the applicable MSA or SOW rather than by unilateral amendment of these Terms.

2. Definitions and interpretation

In these Terms, the following definitions apply:

"Affiliate"

means, in relation to a party, any entity that directly or indirectly Controls, is Controlled by, or is under common Control with that party, where "Control" means the ownership of more than 50% of the voting rights or the power to direct management.

"Airsense"

means Airsense Outsourcing, as described in clause 1.1.

"Applicable Law"

means all laws, regulations, regulatory guidance, codes and binding requirements applicable to a party's performance under these Terms, including, where relevant, the Nigeria Data Protection Act 2023 ("NDPA") and applicable directives and guidance of the Nigeria Data Protection Commission ("NDPC"), the Cybercrimes (Prohibition, Prevention, etc.) Act (as amended), the Companies and Allied Matters Act, the Federal Competition and Consumer Protection Act, and, where applicable to the relevant processing, clients or Data Subjects, the EU General Data Protection Regulation ("EU GDPR"), the UK GDPR and UK Data Protection Act 2018, and the California Consumer Privacy Act as amended by the California Privacy Rights Act ("CCPA/CPRA") and other applicable US state privacy laws.

"Client"

means a business, organisation or professional that engages Airsense to receive the Services, or that enters into an MSA, SOW or other agreement with Airsense.

"Confidential Information"

has the meaning given in clause 8.1.

"Customer"

means a customer, user, employee or other individual of the Client whose Personal Data or interactions Airsense handles in the course of delivering the Services.

"Data Controller, Data Processor, Data Subject, Personal Data, Personal Data Breach and Processing"

have the meanings given under the NDPA and, where applicable, corresponding meanings under other Applicable Law (for example "Controller", "Processor", "Service Provider", "Business" under GDPR or CCPA).

"Deliverables"

means any reports, materials, documentation, configurations, workflows or other work product that Airsense is expressly engaged under a SOW to create and deliver to the Client.

"DPA"

means the Data Processing Agreement entered into between the parties governing the Processing of Personal Data on behalf of the Client.

"Fees"

means the charges payable for the Services, as set out in the applicable SOW, proposal or order confirmation.

"Force Majeure Event"

has the meaning given in clause 18.

"Intellectual Property Rights"

means patents, utility models, rights to inventions, copyright and related rights, trade marks, trade names, domain names, goodwill, rights in designs, database rights, rights in confidential information (including know-how) and all other intellectual property rights, whether registered or unregistered, and all applications for and renewals of them, anywhere in the world.

"Losses"

means losses, liabilities, damages, costs (including reasonable legal costs) and expenses.

"MSA"

means a Master Services Agreement executed between Airsense and a Client.

"Personnel"

means, in relation to a party, its employees, officers, agents and permitted contractors engaged in connection with these Terms or the Services.

"Services"

means the business process outsourcing, customer experience, customer support, sales, trust and safety, back-office, account management and related technology-enabled services that Airsense may provide, as further described in clause 3 and specified in the applicable SOW.

"SLA"

means a Service Level Agreement agreed between the parties setting service levels applicable to the Services.

"SOW"

means a Statement of Work or order document describing specific Services, Deliverables, Fees and timelines, executed under or referencing an MSA or these Terms.

"Subprocessor"

means a third party engaged by Airsense (or by an Affiliate of Airsense) to Process Personal Data on behalf of a Client in connection with the Services.

"User"

means any person who accesses or uses the Website.

"Work Product"

means material created by Airsense in performing the Services, including Deliverables and any drafts, notes and working materials.

2.1 Interpretation. Clause headings are for convenience only. "Including", "includes" and "in particular" are illustrative and do not limit the words preceding them. References to a statute include subordinate legislation and amendments from time to time. The singular includes the plural and vice versa. A reference to "writing" includes email.

3. Scope of services

3.1 Airsense provides technology-enabled business support services. Depending on the engagement, the Services may include: customer support outsourcing; customer experience management; customer service operations; sales outsourcing; trust and safety operations; back-office operations; account management; customer retention support; customer service training; general business process outsourcing; AI-assisted customer support and support automation; workflow automation; and operational consulting.

3.2 Not all Services listed are offered at all times or to all Clients. The Services actually to be provided, their scope, service levels, locations, staffing model and Fees are those set out in the applicable SOW. Where there is any inconsistency between the general description in clause 3.1 and a signed SOW, the SOW prevails.

3.3 Airsense may perform the Services from Nigeria and, where agreed, from other locations, and may serve Clients located in Nigeria, elsewhere in Africa and in international or offshore markets. Cross-border elements of the Services are subject to clause 9 (Data protection) and the DPA.

3.4 Changes. Either party may request changes to the scope of Services. Changes take effect only when documented and agreed in writing (including by a change order or amended SOW). Airsense is not obliged to perform changed or additional Services until the change and any related Fee adjustment are agreed.

4. Client responsibilities

The Client shall:

4.1 provide accurate, complete and up-to-date information, materials, instructions and access reasonably required for Airsense to perform the Services, and keep them current;

4.2 give timely instructions and decisions, nominate authorised contacts, and respond to reasonable requests for cooperation without undue delay;

4.3 provide, and be responsible for, any systems, tools, credentials, licences or third-party platform access that the Services require, and maintain their security on the Client side;

4.4 ensure that its instructions, and the Client materials and data it provides, are lawful, do not infringe third-party rights, and comply with Applicable Law;

4.5 obtain and maintain all consents, notices, licences and lawful bases necessary for Airsense to Process Personal Data and perform the Services on the Client's behalf, and act as Data Controller in respect of such Personal Data except where the parties agree otherwise in writing;

4.6 implement and maintain appropriate security on its own systems and in respect of data it transmits to Airsense;

4.7 pay the Fees when due in accordance with clause 6; and

4.8 comply with Applicable Law and any regulatory or sector-specific requirements applicable to the Client's business and the Services it receives.

5. Airsense responsibilities

Airsense shall:

5.1 perform the Services with reasonable skill, care and diligence and in accordance with generally recognised standards for comparable BPO and CX services;

5.2 use suitably skilled and, where relevant, trained Personnel to perform the Services;

5.3 perform the Services in accordance with the applicable SOW and any agreed SLA, and use commercially reasonable efforts to meet agreed service levels;

5.4 comply with Applicable Law applicable to Airsense in its performance of the Services;

5.5 maintain the confidentiality of Client Confidential Information in accordance with clause 8;

5.6 implement reasonable technical and organisational measures designed to protect Personal Data and Client data, as further described in clause 9, the DPA and any security schedule; and

5.7 manage security incidents and Personal Data Breaches affecting the Services in accordance with clause 9, the DPA and Applicable Law.

6. Commercial terms

6.1 Fees, rates, pricing model (for example per seat, per hour, per transaction, per outcome or fixed fee), minimum commitments and any set-up charges are as set out in the applicable SOW, proposal or order confirmation. Indicative figures are available on request and confirmed in the applicable SOW.

6.2 Unless a SOW states otherwise, Airsense will invoice the Fees monthly in arrears (or as set out in the applicable SOW), and the Client shall pay each undisputed invoice within 30 days of the invoice date.

6.3 Currency and taxes. Fees are stated exclusive of value added tax, withholding tax and other applicable taxes, which the Client shall pay in addition where properly chargeable. Invoices are payable in Nigerian Naira (NGN), or such other currency as stated in the applicable SOW (for example US Dollars for international Clients). Each party is responsible for its own taxes on its income.

6.4 Late payment. Without prejudice to its other rights, Airsense may charge interest on overdue undisputed amounts at 1.5% per month (or the maximum rate permitted by Applicable Law, if lower) from the due date until payment.

6.5 Disputed invoices. The Client shall pay undisputed amounts on time and notify Airsense in writing of any bona fide dispute within 15 days of the invoice date, giving reasons. The parties shall resolve disputed amounts in good faith.

6.6 Suspension. If the Client fails to pay undisputed Fees when due and does not remedy the failure within 14 days of written notice, Airsense may suspend the Services on further notice, without liability, until payment is made.

6.7 Fees are non-refundable except as expressly stated in a SOW or as required by Applicable Law. Airsense may review and adjust Fees in accordance with the mechanism (if any) in the MSA or SOW, on reasonable prior notice. Additional or out-of-scope services and pre-agreed expenses are chargeable in addition.

7. Intellectual property

7.1 Airsense IP. As between the parties, Airsense owns and retains all Intellectual Property Rights in its brand, name, logo, the Website, its templates, processes, methodologies, training materials, software, automation and tooling, and all pre-existing technology and know-how ("Airsense IP"). Nothing in these Terms transfers Airsense IP to the Client.

7.2 Client IP. As between the parties, the Client owns and retains all Intellectual Property Rights in its Customer data, trade marks, systems, documentation, content and materials provided to Airsense ("Client Materials"). The Client grants Airsense a non-exclusive, royalty-free licence to use the Client Materials solely to provide the Services during the term.

7.3 Deliverables. Subject to payment of the applicable Fees and unless a SOW states otherwise, Airsense assigns to the Client the Intellectual Property Rights in the Deliverables created specifically for the Client under that SOW, excluding any Airsense IP or third-party materials embedded in them. To the extent any Airsense IP or third-party materials are embedded in a Deliverable, Airsense grants the Client a non-exclusive, perpetual, royalty-free licence to use them as part of the Deliverable for the Client's internal business purposes.

7.4 Residual knowledge and improvements. Airsense may use the general skills, know-how and experience acquired in performing the Services, and any improvements to Airsense IP, provided it does not disclose the Client's Confidential Information or infringe the Client's Intellectual Property Rights.

8. Confidentiality

8.1 Definition. "Confidential Information" means any non-public information disclosed by one party (the "Disclosing Party") to the other (the "Receiving Party"), in any form, that is marked or would reasonably be understood to be confidential, including business, technical, commercial, financial, personnel and Customer information, pricing, and the terms of the parties' engagement.

8.2 The Receiving Party shall keep the Confidential Information confidential, use it only to perform or receive the Services, and not disclose it except as permitted by this clause 8.

8.3 The Receiving Party may disclose Confidential Information to its Personnel, Affiliates, professional advisers and (in Airsense's case) approved Subprocessors who need to know it for the purposes of these Terms and who are bound by confidentiality obligations no less protective than these.

8.4 Compelled disclosure. The Receiving Party may disclose Confidential Information to the extent required by Applicable Law, court order or a competent regulator or government authority, provided that (where lawful and practicable) it gives the Disclosing Party prior notice and reasonable assistance to seek protective measures, and discloses only what is legally required.

8.5 The confidentiality obligations do not apply to information that is or becomes public through no breach by the Receiving Party, was lawfully known to it without a duty of confidentiality before disclosure, is lawfully received from a third party without restriction, or is independently developed without use of the Confidential Information.

8.6 Return or destruction and survival. On termination or on request, the Receiving Party shall return or securely destroy the Disclosing Party's Confidential Information, subject to retention required by Applicable Law or reasonable back-up practice (see clause 16). This clause 8 survives termination for 5 years after termination and, for trade secrets, for as long as the information remains a trade secret.

9. Data protection

9.1 Each party shall comply with the data protection obligations applicable to it under Applicable Law. The parties acknowledge that, depending on the activity, Airsense may act as a Data Processor or Subprocessor on behalf of the Client, and as an independent Data Controller for certain data (for example Website visitor, prospect, vendor, employee and applicant data). Airsense's controller processing is described in its Privacy Policy.

9.2 Where Airsense Processes Personal Data on the Client's behalf, it shall do so only on the Client's documented lawful instructions, apply the principles of purpose limitation and data minimisation, keep the Personal Data confidential, and implement reasonable technical and organisational security measures.

9.3 Airsense shall provide reasonable assistance to the Client with Data Subject requests, Personal Data Breach notification, and (where applicable) data protection impact assessments and regulator consultations, on the terms set out in the DPA.

9.4 International transfers. Where the Services involve transferring Personal Data across borders, the parties shall put in place the safeguards required by Applicable Law. The transfer mechanisms used are those approved under the NDPA and, where applicable, standard contractual clauses or other approved safeguards under the EU GDPR and UK GDPR, as described in the DPA.

9.5 Precedence. The detailed data protection terms are set out in the DPA (Document 5). If there is any conflict between this clause 9 and the DPA on the subject of Processing of Personal Data on the Client's behalf, the DPA prevails.

10. Artificial intelligence and automation

10.1 Where expressly agreed in a SOW, the Services may include AI-assisted customer support, support automation, or workflow automation. Airsense does not represent that it uses AI or automation for any particular purpose unless stated in the SOW.

10.2 Human oversight. AI and automation are used as tools to assist Personnel and improve efficiency. Airsense maintains appropriate human oversight of AI-assisted outputs proportionate to the risk and the SOW, and does not rely solely on automated processing to produce legal or similarly significant effects on individuals except where lawful and expressly agreed.

10.3 Accuracy limitations. AI systems can produce inaccurate, incomplete or fabricated outputs ("hallucinations"). Airsense does not warrant that AI-assisted outputs are error-free. Where AI-assisted outputs are used in Customer-facing interactions or Deliverables, the Client is responsible for any review, approval, disclosures or human-in-the-loop controls it requires, as agreed in the SOW.

10.4 Data use restrictions. Airsense shall not use Client Personal Data or Confidential Information to train AI models for the benefit of third parties, and shall not input Client Personal Data or Confidential Information into third-party AI tools, except as permitted by the SOW and the DPA and subject to appropriate safeguards. Approved AI vendors are treated as Subprocessors where they Process Personal Data.

10.5 Automated decision-making. Where any solely automated decision-making or profiling with legal or similarly significant effects is contemplated, it will be identified in the SOW, and the Client remains responsible for the lawful basis, notices and Data Subject rights (including any right to human intervention) applicable to it under Applicable Law.

10.6 AI-related outputs that constitute Deliverables are owned or licensed as set out in clause 7, subject to any third-party AI provider terms disclosed to the Client.

11. Acceptable use

When using the Website or receiving the Services, a User or Client shall not (and shall not permit others to):

11.1 use them for fraud, or for any unlawful, deceptive or harmful purpose;

11.2 introduce or transmit malware, or attempt unauthorised access to, or disruption of, any system, network or data;

11.3 engage in data theft, harvesting, scraping or unlawful surveillance;

11.4 harass, abuse, threaten or defame any person, or transmit unlawful, obscene or infringing content;

11.5 send spam or unlawful marketing, or misuse Customer contact data;

11.6 infringe the Intellectual Property Rights or other rights of Airsense or any third party;

11.7 circumvent security or access controls, or reverse engineer Airsense IP except to the extent permitted by Applicable Law; or

11.8 instruct or use the Services to Process Personal Data unlawfully or without a valid lawful basis.

Airsense may suspend access and, where appropriate, terminate the engagement for material or persistent breach of this clause 11, subject to clause 15.

12. Warranties and disclaimers

12.1 Each party warrants that it has the authority to enter into and perform its obligations, and that its performance will comply with Applicable Law applicable to it.

12.2 Airsense warrants that it will perform the Services with reasonable skill and care as set out in clause 5.1.

12.3 Disclaimer. Except as expressly stated in these Terms or a signed agreement, and to the maximum extent permitted by Applicable Law, the Website and the Services are provided without further warranties, whether express or implied, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement. Airsense does not warrant uninterrupted or error-free operation of the Website, guaranteed availability, guaranteed business results or outcomes, or the accuracy of AI-assisted outputs.

12.4 Nothing in these Terms excludes or limits any warranty, right or liability to the extent it cannot be excluded or limited under Applicable Law.

13. Limitation of liability

13.1 Excluded losses. Subject to clause 13.3, neither party is liable to the other, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any: loss of profit; loss of revenue; loss of business, contracts or opportunity; loss of anticipated savings; loss of goodwill or reputation; loss of or corruption of data (except to the extent arising from a party's breach of its data protection or security obligations); or any indirect or consequential loss, in each case even if foreseeable.

13.2 Liability cap. Subject to clause 13.3, each party's total aggregate liability arising out of or in connection with these Terms and the Services in any 12-month period is limited to the total Fees paid by the Client under the affected SOW in the 12 months preceding the event giving rise to the claim.

13.3 Carve-outs. The exclusions and cap in clauses 13.1 to 13.2 do not apply to, and the following are addressed separately (whether uncapped or subject to a separate higher cap, as agreed in the MSA): (a) fraud or fraudulent misrepresentation; (b) wilful misconduct; (c) death or personal injury caused by negligence; (d) a party's payment obligations (in the Client's case, the Fees); (e) breach of clause 8 (Confidentiality); (f) breach of data protection obligations under clause 9 and the DPA; (g) infringement of the other party's Intellectual Property Rights; (h) the indemnities in clause 14; and (i) any liability that cannot lawfully be excluded or limited under Applicable Law.

13.4 The caps and exclusions in this clause 13 apply to the aggregate liability of each party and its Affiliates and Personnel. Each provision of this clause operates separately; if any is held unenforceable, the others continue to apply.

14. Indemnification

14.1 Airsense indemnity. Airsense shall indemnify the Client against Losses arising from third-party claims to the extent caused by: (a) Airsense's infringement of a third party's Intellectual Property Rights in providing the Services (excluding infringement arising from Client Materials or Client instructions); and (b) such other specifically negotiated matters as the parties agree in the MSA (for example agreed breaches of confidentiality or data protection obligations).

14.2 Client indemnity. The Client shall indemnify Airsense against Losses arising from third-party claims to the extent caused by: (a) the Client Materials, Client content, Client products or services, or Client instructions; (b) the Client's infringement of a third party's Intellectual Property Rights; (c) the Client's unlawful Processing of Personal Data or breach of its data protection obligations, including failure to obtain necessary consents or lawful bases; and (d) the Client's breach of Applicable Law.

14.3 Conditions. The indemnified party shall: (a) promptly notify the indemnifying party of the claim; (b) not admit liability or settle without the indemnifying party's consent (not to be unreasonably withheld); (c) give the indemnifying party reasonable control of the defence and settlement (provided any settlement does not impose non-indemnified obligations on the indemnified party); and (d) provide reasonable cooperation at the indemnifying party's expense. The indemnified party shall take reasonable steps to mitigate its Losses.

14.4 The indemnities are subject to the treatment of indemnity liability agreed in clause 13.3 and the MSA.

15. Term, suspension and termination

15.1 These Terms apply while a User uses the Website and, in respect of an engagement, for the term stated in the MSA or SOW.

15.2 Termination for convenience. Either party may terminate an engagement for convenience on 30 days' prior written notice, unless the SOW states a minimum term or different notice.

15.3 Termination for cause. Either party may terminate immediately on written notice if the other: (a) commits a material breach that is not remediable, or that is remediable but is not remedied within 30 days of written notice; (b) becomes insolvent, enters administration or an analogous process, or ceases to carry on business; or (c) fails to pay undisputed Fees within 30 days of a written demand.

15.4 Airsense may additionally suspend or terminate where continuing would require it to act unlawfully, where the Client persists in giving unlawful instructions, where required by a regulator, or where there is a serious and unremedied security risk, in each case acting reasonably and giving such notice as is practicable.

15.5 Effect of termination. On termination: (a) the Client shall pay all Fees and approved expenses accrued up to the effective date; (b) each party shall return or destroy the other's Confidential Information subject to clause 8.6; (c) Airsense shall, at the Client's election and cost, provide reasonable transition assistance as agreed; and (d) Personal Data is returned or deleted in accordance with clause 16 and the DPA.

15.6 Survival. Clauses that by their nature should survive (including 2, 7, 8, 9, 13, 14, 16, 17, 18 and 20) survive termination.

16. Data deletion and return

16.1 On expiry of the applicable retention period or contractual purpose, on valid deletion request, on the Client's instruction, or on termination, Airsense shall (as applicable and as set out in the DPA and the Data Retention and Deletion Policy) return and/or securely delete or anonymise Personal Data Processed on the Client's behalf.

16.2 Deletion methods. Deletion is carried out using secure deletion, destruction, anonymisation or de-identification appropriate to the medium and sensitivity of the data.

16.3 Exceptions. Airsense may retain data to the extent, and for as long as, required by Applicable Law or for legitimate purposes including legal obligations, regulatory requirements, litigation or legal holds, fraud prevention, security, accounting and tax, and enforcement of the parties' agreement. Retained data remains protected by these Terms.

16.4 Back-ups. Where Personal Data persists in routine encrypted back-ups after deletion from live systems, it is isolated from active Processing and deleted in the ordinary course of the back-up cycle. Specific retention periods are as set out in the Data Retention and Deletion Policy (Document 4).

17. Governing law and dispute resolution

17.1 Governing law. These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes) are governed by the laws of the Federal Republic of Nigeria.

17.2 Escalation and mediation. The parties shall first attempt in good faith to resolve any dispute through senior-level negotiation. If unresolved within 30 days, the parties may refer the dispute to mediation before resorting to the process in clause 17.3.

17.3 Arbitration. Unresolved disputes shall be finally resolved by arbitration administered under the Arbitration and Mediation Act 2023, with the seat of arbitration in Lagos, Nigeria. The arbitration shall be conducted in the English language before a sole arbitrator appointed in accordance with that Act.

17.4 Nothing prevents either party from seeking urgent interim or injunctive relief from a court of competent jurisdiction, including to protect Confidential Information or Intellectual Property Rights.

18. Force majeure

18.1 Neither party is liable for failure or delay in performing its obligations (other than payment obligations) to the extent caused by a "Force Majeure Event": an event beyond its reasonable control, including natural disasters, flood, fire, storm, epidemic or pandemic, power failure, telecommunications or internet outages, cloud or third-party platform outages, cyber-attack (despite reasonable safeguards), war, terrorism, civil unrest, government action, and labour disruptions not specific to that party's workforce.

18.2 The affected party shall notify the other promptly, use reasonable efforts to mitigate, and resume performance as soon as reasonably practicable. If a Force Majeure Event continues for more than 30 consecutive days, either party may terminate the affected Services on written notice.

19. Website terms of use

19.1 The Website and its content are provided for general information about Airsense and its Services. Airsense may modify, suspend or withdraw the Website or any feature at any time without liability.

19.2 Website content is protected by Intellectual Property Rights owned by or licensed to Airsense. Users may view and download content for legitimate business evaluation but must not copy, republish or exploit it commercially without permission.

19.3 The Website may link to third-party sites. Airsense does not control and is not responsible for third-party sites or content. Links do not imply endorsement.

19.4 User submissions through the Website (for example enquiry and career forms) must be accurate and lawful. Personal Data submitted is handled in accordance with the Privacy Policy (Document 2). The Website uses cookies and analytics as described in the Cookie Policy (Document 3).

19.5 Users must not misuse the Website, including as prohibited by clause 11. The Website Disclaimer (Document 8) also applies to Website content.

20. General

20.1 Entire agreement. These Terms, together with the documents referenced in clause 21, constitute the entire agreement on their subject matter and supersede prior discussions, save for any signed MSA, SOW or DPA which govern the engagement.

20.2 Assignment and subcontracting. Neither party may assign these Terms without the other's consent (not to be unreasonably withheld), except that a party may assign to an Affiliate or in connection with a merger or sale of substantially all its assets. Airsense may engage Affiliates and approved Subprocessors or subcontractors to perform the Services, remaining responsible for their performance.

20.3 Notices. Notices must be in writing and sent to the addresses or email in the MSA or SOW, or to info@compliance.airsenseinc.com (for the attention of the Legal and Compliance team) and the registered address in clause 1.1.

20.4 Waiver, severance, variation. No failure to enforce is a waiver. If any provision is unenforceable, it is modified to the minimum extent necessary or severed, and the rest remains in force. Variations must be in writing.

20.5 No partnership; third parties. Nothing creates a partnership, joint venture or agency. Except for indemnified persons and Affiliates where expressly stated, a person who is not a party has no right to enforce these Terms.

21. Order of precedence

If there is a conflict between documents governing the relationship, the following order of precedence applies (higher prevails), except that a data protection conflict is resolved in favour of the DPA:

Where no MSA or SOW is signed (for example a Website enquiry), these Terms and the Privacy and Cookie Policies apply.

22. Contact

22.1 Questions about these Terms may be sent to info@compliance.airsenseinc.com. Privacy matters: info@compliance.airsenseinc.com. Website: https://airsenseinc.com. Registered address: Surulere, Lagos, Nigeria.