AIRLIMITS Terms of Service
V2 Updated July, 21 2026
1. Purpose and Scope
These Terms of Service (these “Terms”) govern Customer’s purchase, access to, and use of the products and services offered by AIRLIMITS, including the AIRPASS™ Compliance Subscription, the AIRLINK™ application and dashboard, mobile testing and compliance services, and related hardware, software, data transmission, and support (collectively, the “Services”). These Terms form a binding agreement between AIRLIMITS and Customer. If Customer and AIRLIMITS have executed a separate written agreement, or if an Order expressly amends these Terms, the separate agreement or Order controls to the extent of any conflict, as set forth in Section 20.7 (Order of Precedence).
2. Definitions
2.1 “AIRLIMITS” (also “we,” “our,” or “us”) means the legal entity providing AIRPASS™, AIRLINK™, AIRINTEL™, and related compliance services.
2.2 “AIRPASS™” means AIRLIMITS’ Clean Truck Check compliance hardware and associated subscription service. AIRPASS™ is a registered tradename of AIRLIMITS™ and is authorized for use as the CARB-approved Continuously Connected Device (PT40) manufactured by Pacific Track, LLC. Pacific Track, LLC does not sell directly to end users or consumers; all AIRPASS™ sales, subscriptions, billing, and customer support are provided by AIRLIMITS.
2.3 “AIRLINK™” means the AIRLIMITS application and customer dashboard used to manage AIRPASS™ Devices, including Clean Truck Check activity, on-demand testing, device status, notifications, account management, and optional features made available by AIRLIMITS, including GPS functionality when enabled by an authorized Customer administrator.
2.4 “AIRINTEL™” means AIRLIMITS’ optional enterprise fleet management and telematics platform, which may include electronic logging device (ELD) functionality, GPS fleet tracking, diagnostics, maintenance reporting, driver logs, and related telematics services. AIRINTEL™ is separate from the AIRPASS™ Compliance Subscription and is provided only if separately purchased by Customer.
2.5 “CARB” means the California Air Resources Board.
2.6 “Clean Truck Check Program” means CARB’s heavy-duty vehicle inspection and maintenance program, including its testing, reporting, and compliance requirements, as amended from time to time.
2.7 “Customer” (also “you” or “your”) means the individual or entity purchasing or using AIRLIMITS products or Services.
2.8 “Customer Data” means data collected, generated, or transmitted in connection with Customer’s use of the Services, including vehicle identification information (such as VIN, license plate, and state of registration), emissions and diagnostic test data, account and contact information, and, where enabled by an authorized Customer administrator, GPS location data.
2.9 “Device” means any physical hardware provided by AIRLIMITS to Customer, including but not limited to the AIRPASS™ device.
2.10 “Order” means an AIRLIMITS quote, invoice, order form, or other ordering document accepted by Customer that identifies the Services, quantities, fees, promotional pricing, and any special terms.
2.11 “Services” has the meaning given in Section 1 and includes use of AIRPASS™, AIRLINK™, AIRINTEL™ (where purchased), compliance testing, mobile services, support, reporting, and any other tools or systems offered by AIRLIMITS.
2.12 “Subscription” means Customer’s enrollment in a paid AIRLIMITS service plan, including the AIRPASS™ Compliance Subscription, for the applicable Subscription Term.
2.13 “Subscription Term” means the period of authorized use stated in the applicable Order, including any renewal period.
3. Acceptance of Terms
By placing an Order, activating, installing, or using any AIRLIMITS product or Service, or by clicking to accept these Terms where that option is presented, Customer agrees to be bound by these Terms. If the individual accepting these Terms does so on behalf of a company or other legal entity, that individual represents that they have authority to bind that entity, and “Customer” refers to that entity. If Customer does not agree to these Terms, Customer must not use the Services.
4. Account Registration
4.1 Registration. Certain Services require account setup through AIRLINK™. Customer agrees to provide accurate and complete information during registration and to keep account information current, including vehicle registration details for each enrolled vehicle.
4.2 Account Security. Customer is responsible for maintaining the confidentiality of account credentials and for all activity occurring under Customer’s account, including activity by Customer’s employees, drivers, contractors, and administrators. Customer shall promptly notify AIRLIMITS of any unauthorized use of its account.
4.3 Administrators. Customer may designate one or more authorized administrators. Administrator actions within AIRLINK™, including enabling or disabling optional features such as GPS, are deemed authorized by Customer.
5. Device Ownership and License
5.1 Ownership. All Devices, including AIRPASS™, remain the sole and exclusive property of AIRLIMITS unless otherwise expressly stated in a writing signed by AIRLIMITS. Customer acquires no ownership interest in any Device or in the firmware or software embedded in it.
5.2 License. Subject to these Terms and payment of applicable fees, AIRLIMITS grants Customer a limited, non-exclusive, non-transferable (except as permitted in Section 6), revocable license to use the Device and the Services during the active Subscription Term, solely for Customer’s internal fleet compliance and operational purposes.
5.3 Manufacturer Rights. Pacific Track, LLC retains all rights, title, and interest in and to the PT40 device technology and its embedded intellectual property. Nothing in these Terms transfers any Pacific Track, LLC intellectual property to Customer.
5.4 Use Restrictions. Customer shall not: (a) open, tamper with, reverse engineer, decompile, or modify any Device or embedded software; (b) resell, lease, assign, or transfer any Device except as permitted under Section 6; (c) use any Device after the applicable Subscription has expired, been canceled, or been terminated; or (d) use the Services in violation of applicable law.
6. Device Transferability
6.1 Transfer Between Vehicles. During an active Subscription Term, an AIRPASS™ Device may be transferred to another vehicle with AIRLIMITS’ authorization. To initiate a transfer, Customer must contact AIRLIMITS support and provide the new vehicle’s VIN, license plate, and registration details. AIRLIMITS will reprogram the Device for the new vehicle. A transfer fee may apply as stated in the applicable Order or AIRLIMITS’ then-current fee schedule.
6.2 Transfer to Another Party. Transfer of a Device to another party (for example, upon sale of a vehicle or a fleet ownership change) may be permitted, subject to (a) AIRLIMITS’ prior written authorization, (b) registration of the new user with AIRLIMITS, and (c) activation of a valid Subscription by the new user. Until those conditions are satisfied, the transferring Customer remains responsible for the Device.
7. Device Return Policy
If a Subscription ends and no renewal is initiated, Customer must return each associated AIRPASS™ Device to AIRLIMITS within thirty (30) days of the Subscription end date, in good working condition, normal wear excepted. Failure to return a Device within this period may result in a replacement fee of up to $399 per Device, which AIRLIMITS may invoice to Customer. Return shipping instructions are available from AIRLIMITS support.
8. Privacy and Data Use
8.1 General. AIRLIMITS values Customer privacy. AIRPASS™ performs and transmits Clean Truck Check data only when a compliance test is required under the Clean Truck Check Program or when Customer initiates a test through AIRLINK™.
8.2 No Sale of Customer Data. AIRLIMITS does not sell Customer Data and does not disclose Customer Data to unrelated third parties for advertising, marketing, or commercial purposes.
8.3 Permitted Use. Customer Data shall be collected, used, stored, and processed solely as reasonably necessary to: (a) provide, operate, maintain, support, and improve the Services; (b) perform Customer-requested Clean Truck Check compliance functions; (c) comply with applicable federal, state, or local laws or regulatory requirements; or (d) administer Customer accounts, Subscriptions, billing, and support.
8.4 Permitted Disclosures. AIRLIMITS may disclose only the Customer Data reasonably necessary to: (a) CARB or other governmental agencies, when required by law or necessary to perform Customer-requested compliance activities; (b) Pacific Track, LLC, solely in its capacity as manufacturer and technology platform supporting the CARB-approved Continuously Connected Device (PT40); and (c) authorized communications providers, solely for the purpose of securely transmitting compliance data generated by the AIRPASS™ Device.
8.5 GPS Data. GPS functionality within AIRLINK™ is disabled by default and may be enabled only on an individual Device by an authorized Customer administrator. AIRLIMITS serves government, public-sector, and high-security fleets that prohibit GPS tracking; accordingly, GPS is an optional, administrator-controlled feature and is not required for AIRPASS™ Clean Truck Check compliance. When GPS is disabled, AIRLIMITS does not collect GPS location data from the Device.
8.6 Safeguards and Retention. AIRLIMITS maintains commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data, and retains Customer Data only as reasonably necessary to provide the Services or satisfy applicable legal and regulatory obligations.
9. Subscription Plans, Fees, and Billing
9.1 Subscriptions. Subscriptions begin upon activation and continue for the Subscription Term stated in the applicable Order. Unless otherwise stated in an Order, Subscriptions may be set to renew automatically for successive one-year terms at AIRLIMITS’ then-current renewal rates unless Customer cancels in writing before the renewal date.
9.2 Fees and Promotions. Fees, quantities, promotional pricing, first-year rates, and renewal rates are those stated in the applicable Order. Promotional pricing applies only as expressly stated in the applicable quote or invoice and does not carry over to renewals unless the Order says so. In the event of any conflict between published pricing and an Order, the Order controls.
9.3 Invoicing and Payment Terms. Unless otherwise stated in the applicable Order, fees are due and payable upon Customer’s receipt of invoice. Qualified fleet customers may request net-thirty (30) day payment terms, which apply only if approved by AIRLIMITS in writing or stated on the applicable Order. Applicable taxes and shipping charges are in addition to stated fees unless the Order states otherwise.
9.4 Non-Refundable Fees. Annual service fees are non-refundable once the applicable Subscription is activated, except where a refund is required by law or expressly agreed by AIRLIMITS in writing.
9.5 Late Payment; Suspension. AIRLIMITS reserves the right to suspend Services for accounts with past-due balances and to assess late fees where permitted by law. Suspension of Services for non-payment does not relieve Customer of its payment obligations or its regulatory compliance obligations.
10. Device Function, Customer Responsibilities, and Support
10.1 Device Function. AIRPASS™ is designed to: (a) connect to the vehicle’s OBD-II or 9-pin diagnostic port; (b) perform CARB Clean Truck Check tests; (c) submit test results when the vehicle is due or when Customer requests a test; and (d) allow on-demand retesting, including in response to a Notice to Submit or following maintenance or repair events. The AIRPASS™ Compliance Subscription includes Device programming using the vehicle VIN, license plate, state of registration, and applicable connection type; real-time Clean Truck Check activity visibility; email confirmation upon successful transmission of results to CARB; on-demand testing from the AIRLINK™ dashboard; and AIRLIMITS support by call or text.
10.2 Customer Responsibilities. Customer is responsible for ensuring that each AIRPASS™ Device remains properly installed, powered, connected to the vehicle’s diagnostic port, and associated with correct and current vehicle registration information. Customer shall promptly notify AIRLIMITS of any vehicle transfer, replacement, ownership change, registration change, or condition affecting operation of the Device. AIRLIMITS shall not be responsible for compliance issues resulting from Customer’s failure to install, maintain, or properly use the Device, or from inaccurate or outdated information provided by Customer.
10.3 Support. AIRLIMITS support is available at service@airlimits.com and by call or text at 800-788-5241 or 562-516-1018 for assistance with activation, setup, transfers, warranty claims, and troubleshooting.
11. Lifetime Replacement Warranty
11.1 Warranty. AIRPASS™ includes a Lifetime Replacement Warranty covering manufacturing defects and normal wear under proper use, for the duration of an active Subscription.
11.2 Exclusions. This warranty does not cover: (a) physical damage due to misuse, abuse, or tampering; (b) loss or theft; or (c) damage resulting from improper installation or use inconsistent with AIRLIMITS’ instructions.
11.3 Claims. To initiate a warranty claim, Customer must contact service@airlimits.com and provide the Device serial number and a description of the issue. Replacement units are issued at AIRLIMITS’ reasonable discretion. Replacement of a defective Device is Customer’s exclusive remedy under this warranty, and nothing in these Terms limits AIRLIMITS’ obligation to repair or replace defective equipment covered under this warranty.
12. Disclaimer of Other Warranties
Except for the Lifetime Replacement Warranty in Section 11, the Services and Devices are provided “as is” and “as available.” To the maximum extent permitted by law, AIRLIMITS disclaims all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. AIRLIMITS does not warrant that the Services will be uninterrupted or error-free, or that use of the Services will result in any particular regulatory outcome or compliance determination.
13. Service Availability; Third-Party Systems
13.1 Availability. AIRLIMITS strives for high uptime and availability but does not guarantee uninterrupted Service. Temporary disruptions may result from scheduled or emergency maintenance, technical issues, or events outside AIRLIMITS’ reasonable control.
13.2 Third-Party Dependencies. The Services depend on systems that AIRLIMITS does not control, including cellular and telecommunications networks, CARB and other governmental reporting systems, and third-party technology platforms, including those of Pacific Track, LLC. AIRLIMITS is not responsible for delays, outages, transmission failures, or errors caused by such third-party systems, telecommunications carriers, governmental system unavailability, or changes in regulatory systems or requirements.
14. Regulatory Compliance Responsibilities
14.1 Customer Responsibility. Regulatory compliance remains Customer’s responsibility at all times. The Services are tools that assist Customer in performing testing and reporting under the Clean Truck Check Program; they do not constitute a guarantee of compliance, a compliance determination, or legal or regulatory advice.
14.2 Regulatory Determinations. Compliance determinations, enforcement actions, and any associated penalties are made by CARB and other regulatory authorities based on vehicle condition at the time of testing and other factors determined by those authorities. Compliance outcomes may depend on factors outside AIRLIMITS’ reasonable control, including vehicle condition, emissions system readiness, maintenance, tampering, Customer-provided information, installation timing, vehicle operation, cellular connectivity, regulatory system availability, governmental action, and changes in applicable law or regulations.
14.3 Assistance. AIRLIMITS will use commercially reasonable efforts to assist Customer in resolving Service issues, including troubleshooting, retesting, replacement of defective Devices where covered under Section 11, review of compliance data transmissions, and documentation reasonably requested by Customer regarding the Services.
15. Limitation of Liability
15.1 No Indirect Damages. To the maximum extent permitted by law, AIRLIMITS shall not be liable for any indirect, incidental, special, punitive, or consequential damages, or for loss of revenue, profits, business opportunities, data, or downtime, arising out of or relating to the Services or these Terms, regardless of the theory of liability and even if advised of the possibility of such damages.
15.2 No Liability for Regulatory Actions. Notwithstanding anything in these Terms, AIRLIMITS shall not be liable for, and shall have no obligation to indemnify Customer against, any regulatory determination, Notice to Submit, failed inspection, registration hold, citation, fine, penalty, enforcement action, assessment, or other action or consequence imposed by CARB or any other governmental authority.
15.3 Liability Cap. AIRLIMITS’ total cumulative liability arising out of or relating to the Services or these Terms shall not exceed the total amount paid by Customer to AIRLIMITS during the twelve (12) months immediately preceding the event giving rise to the claim.
15.4 Exceptions. Nothing in this Section 15 limits AIRLIMITS’ obligation to repair or replace defective equipment under Section 11, to provide commercially reasonable technical support, or excludes liability that cannot be excluded under applicable law.
16. Term, Suspension, and Termination
16.1 Suspension and Termination by AIRLIMITS. AIRLIMITS may suspend or terminate Services immediately upon notice if: (a) Customer materially violates these Terms; (b) Customer fails to make required payments when due; or (c) Customer misuses, tampers with, or attempts to resell any Device or software without authorization.
16.2 Cancellation by Customer. Customer may cancel a Subscription at any time by written notice. Prepaid amounts are not refundable except as stated in Section 9.4 or otherwise agreed in writing.
16.3 Effect of Termination. Upon expiration or termination of a Subscription: (a) Customer’s license to use the associated Device and Services ends; (b) Customer shall return each Device as required by Section 7; and (c) Sections 5.1, 5.3, 5.4, 7, 8, 12, 13, 14, 15, 17, 19, and 20 survive.
17. Intellectual Property and Trademarks
AIRLIMITS and its licensors retain all rights, title, and interest in and to the Services, AIRLINK™, AIRINTEL™, associated software, documentation, and all related intellectual property. AIRPASS™, AIRLINK™, AIRINTEL™, and AIRLIMITS™ are tradenames and trademarks of AIRLIMITS. Customer receives no rights in AIRLIMITS’ or Pacific Track, LLC’s intellectual property except the limited license expressly granted in these Terms.
18. Modifications to These Terms
AIRLIMITS may update these Terms from time to time. The version in effect on the date Customer places an Order governs that Order and its Subscription Term, unless the parties agree otherwise in writing. For continuing or renewing Subscriptions, AIRLIMITS will provide notice of material changes (for example, by email or dashboard notice), and continued use of the Services after the effective date of updated Terms constitutes acceptance for subsequent renewal periods.
19. Governing Law and Dispute Resolution
These Terms are governed by and interpreted under the laws of the State of California, without regard to conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in Los Angeles County, California, and each party consents to the jurisdiction and venue of those courts.
20. General Provisions
20.1 Assignment. Customer may not assign these Terms without AIRLIMITS’ prior written consent, except to a successor in connection with a merger or sale of substantially all assets, with notice to AIRLIMITS. AIRLIMITS may assign these Terms to an affiliate or successor.
20.2 Force Majeure. Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, governmental action, telecommunications or utility failures, and third-party system outages.
20.3 Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
20.4 Waiver. A party’s failure to enforce any provision is not a waiver of its right to do so later. Waivers must be in writing.
20.5 Notices. Notices to AIRLIMITS shall be sent to service@airlimits.com. Notices to Customer may be sent to the email address associated with Customer’s account or stated on the applicable Order.
20.6 Independent Contractors. The parties are independent contractors. These Terms do not create a partnership, joint venture, or agency relationship.
20.7 Entire Agreement; Order of Precedence. These Terms, together with the applicable Order, constitute the entire agreement between the parties regarding the Services and supersede prior discussions and marketing materials. In the event of a conflict, the order of precedence is: (1) a separate written agreement signed by both parties, if any; (2) the applicable Order, including negotiated amendments to these Terms attached to or referenced in the Order; (3) these Terms.
21. Contact Information
AIRLIMITS
Email: service@airlimits.com
Phone (call or text): 800-788-5241 or 562-516-1018
Dashboard onboarding: https://app.airlimits.com/Onboarding