OrCam’s Terms & Conditions
OrCam Technologies Terms and Conditions
Recently updated in November 2022Welcome to OrCam MyEye, OrCam READ and additional products we offer from time to time, provided by OrCam Technologies Ltd. and/or its affiliates or subsidiaries (“ OrCam ” or “ we ”).
OrCam harnesses the power of artificial vision by incorporating pioneering technology into a wearable or handled platform which improves the lives of individuals who are visually impaired.These Terms and Conditions (“ T&C”) represent the rules and guidelines that govern your access to and use of the mobile application of OrCam products (“ App(s )”), OrCam’s devices, and/or other services (collectively, “ Services ”) and form a legally binding contract between you and OrCam including its affiliates and subsidiaries . Please read these T&C carefully and visit this page regularly for updates and changes. Should you have any questions in connection with these T&C, please contact us at: email@example.com.By downloading the Apps, and/or using OrCam’s Services, you agree to be bound by these T&C, the user guide accompanying your device (“ User Guide ”), OrCam’s Privacy Statement and OrCam’s Cookie Statement , all as may be amended from time to time. If you do not agree to be bound by these T&C, you should cease all use of the Services, and uninstall the Apps from your device. As long as you do not cease using any of the Services, you will be conclusively deemed to have accepted these T&C.
Who can use the Services. Our Services are intended for (i) Users over the age of 16, (ii) having no legal, medical or other restriction which could preclude or restrict the User from using the Services or entering into; and (iii) using the Services for their personal, non-commercial use.
Prior to using the Apps and the Services, you must:
Read the applicable User Guide in full, including the important safety Instructions,
Receive in-person or online training by an authorized OrCam Trainer or participate in an OrCam training program.Important Safety Note . While we do our best to ensure that our Services provide a reliable experience to our Users, we cannot guarantee that no errors in identification or other malfunctions occur. Our Services are not intended and should not be relied upon in circumstances where such potential malfunctions may cause severe harm, be life-threatening or health-threatening, or otherwise put you or others in harm’s way. Specifically, the Services are not intended to enable driving vehicles, operating machinery, identifying medications, detergents, establishing the existence of allergens, or in connection with other hazardous materials or equipment.
Nothing in these T&C, the User Guide or OrCam training program replaces the need to exercise user discretion, caution and common sense in connection with use of our Services and any safety concerns.
Creating an AccountYou may need to create an account in order to activate and use the Apps and Services. You agree to provide us with accurate, updated and complete information as required in order to create an account and complete the registration and activation process. You further agree to keep that information up to date. You may be entitled to request the erasure or the restriction of your Personal Data, and we will comply with such requests, to the extent required under applicable law. For additional information on how we use personal data, see our Privacy Statement .
You are entirely responsible for maintaining the confidentiality of your login credentials, namely your username and password. You agree and undertake not to use the login credentials of another user at any time, or to disclose your login credentials to any other user or other third party. You are responsible for all activities that occur through your account. You agree to notify us immediately if you suspect any unauthorized use of your login credentials or your account.
Changes to our ServicesWe continuously improve our Services and develop new features, products and services as well as enhancements and fixes to existing Services. Therefore, we might at any time and at our sole discretion with or without notice, make changes to the Services whether by adding or removing features, products and functionalities, or by providing updates including fixes, or by suspending or imposing limitations with regards to the Services or by imposing other changes to the Services (“ Changes ”). We will implement Changes, inter alia , by providing software updates including automatic updates. You agree to automatic updates and further agree that the Services may be negatively impacted if you do not allow the installation or implementation of such Changes. You also agree that these T&C as amended from time to time, will apply to any and all Changes. In addition, we have no obligation to provide any Changes or to continue to provide or enable any particular features or functionality of any of our Services.
Some of our Services may be released in their testing stage, and made available as a “Private Beta” versions. This means that we may not have yet completed development of all available Services and that not all features are completely functional or available.
OrCam reserves the right at any time and from time to time, without being obligated to provide prior notice, to modify, suspend, or discontinue, temporarily or permanently, the Services or any part thereof, or user’s access thereto, all at its sole discretion. You will have no claim, complaint or demand against OrCam or against any related parties or affiliates of OrCam, for applying such changes or for failures incidental to such changes.
You may not, whether directly or indirectly (unless laws prohibit these restrictions or you have our written permission to do so), and you undertake that you will not, and will not allow others, to:
Modify the Services, or decompile, disassemble, or otherwise attempt, directly or indirectly, to disrupt the Services, servers or networks connected to the Services, deny service to, hack, crack, reverse engineer, or otherwise interfere with the Services and their underlying software, or other technology, code, algorithm or other proprietary information of OrCam in any manner, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services and/or interfere with the automatic process of downloading and/or installing the mandatory updates or upgrades to the Services, with or without notification;
Attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Services, technology or any software thereto;
Create a database by systematically downloading and storing all or any content from the Services;
Use the Services for any illegal, immoral or unauthorized purpose, to encourage criminal behavior or conduct that would constitute a criminal offense under any law, or in a manner that could give rise to civil liability or other lawsuit, including but not limited to, using the Services in order to download content in violation of copyright, for distribution or development of any malware, take any action relating to piracy on the web, etc.;
Use the Services in any way which is prohibited in these T&C;
Use any automated means or interface to access the Services or extract other users’ information;
Use or develop any third-party applications that interface or interact with the Services or other users’ information;
Use OrCam logos or marks for any purpose without first obtaining OrCam’s written consent;
Violate any third party or other user’s right to privacy or other rights, or harvest or collect personal information about users of the Service (including another user’s account, username, or password, solicit login credentials);
Defame, abuse, harass, threaten, or otherwise violate the legal rights of others including the intellectual property rights (i.e. copyrights, patents);
Transmit or otherwise make available in connection with the Services any computer code, file, or program including any virus, worm, Trojan Horse, spyware, or any other, that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
Interfere with or disrupt the operation of the Services, or the servers or networks that host the Services or make the Services available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
Probe, scan, or test the vulnerability of our Services;
Sell, license, or exploit for any commercial purposes any use of or access to the Services;
Frame or mirror any part of the Services;
We reserve the right to refuse to provide the Services, and may terminate or suspend your account or access to the Services at any time, in case your use violates these T&C or applicable law. You may terminate these T&C at any time and for any reason by ceasing any use of the Services and uninstalling the Apps from your device.
OwnershipThe Services, the Apps, their underlying technology, and any and all Content and information provided on and through the Services, including, without limitation, any of OrCam’s logos, trademarks, graphics, designs, information, texts, databases, images, data, underlying software, code, algorithm, technology, hardware, firmware, patents, and other material displayed, available or associated with the Services, are the property of OrCam, the copyrighted and/or trademarked work of OrCam and/or proprietary information, patents and knowledge protected under trade secrets, patents, or otherwise, and owned exclusively by OrCam and its affiliates and/or licensors. OrCam retains any and all rights, including any and all intellectual property rights, in the Services, the Apps, and all the above (collectively, “ OrCam’s Intellectual Property ”).
You have no right to modify, edit, copy, reproduce, publish, make available to the public, sell, rent, distribute, broadcast, transmit, create derivative works of, reverse engineer, alter, convey to a third party, enhance or in any way exploit any part of the Services or OrCam’s Intellectual Property. Nothing in these T&C shall be construed to derogate in any way from OrCam’s rights in its Intellectual Property, or transfer any such rights to the user.
Without derogating from the above, it is clarified that “OrCam”, the OrCam logo, and other trade and/or service marks are the property of OrCam.
Subject to full compliance with all provisions of these T&C, and full payment of consideration due to OrCam in connection with the Services, OrCam grants you a personal, non-assignable, non-exclusive, revocable at will, and non-sublicensable, limited right to use the Apps and Services, solely for your personal, non-commercial needs.
Content and Back UpOur Services offered in connection with OrCam products and Apps provide Users with the option to create certain personalized labels for their use, such as identification of people and products by names chosen by the User or involve the collection of anonymous, non-personal data for analytical and Service improvement purpose (“ User Content ”). User content may be encrypted and stored in our cloud services, to provide our Users with back up of their content.
Except as stated above, we do not access, review or monitor User Content. We do not use User Content or process it in any way other than providing the User with encrypted backing of the data of anonymously to improve our Services.
You are solely responsible and liable for any User Content. OrCam does not control and is not aware of the content of any User Content, and shall not be responsible or liable in connection with such content.
We always love to hear from our Users. If you choose to provide us with feedback or suggestions, you acknowledge and agree that we may use such feedback for any purpose, and waive any consideration or compensation of any kind.
Our Services are designed to enable our Users to interact with the world, and with people, services, products and activities in it. We do not control and are not responsible or liable for any such interactions with services and products provided by third parties (“Third Party Services”), and do not endorse or recommend any specific Third Party Service.
You should exercise care and discretion when using, interacting with or participating in Third Party Services. The reliance upon Third Party Services is made entirely at User’s sole risk.
Communications with Us
By using the Services, you expressly agree we may communicate with you regarding the Services or respond to your communications to us through the Apps, by email, or other electronic means directed to your device and that certain information about your usage of the Apps may be communicated to us automatically from your device.
LIMITATION OF LIABILITY AND WARRANTYOrCam does not make any representations or warranties regarding the Services, Apps, their functions or any output they produce. The OrCam end-user limited product warranty (the “ Limited Warranty ”) covers the owner of an OrCam product against defects in material or workmanship at the time of its original purchase, for a subsequent period of one (1) year, and for any additional applicable legal warranty period. Original proof of purchase/delivery is required from the owner in order to obtain this coverage. OrCam will repair or replace, at its discretion, any product that is determined by OrCam to be covered under this Limited Warranty. OrCam will not be responsible for conditions arising as a result of intentional damage or misuse of the product. The owner is responsible for the costs of shipping the product to the location specified by OrCam. This Limited Warranty is the sole and exclusive warranty applicable to OrCam Services. No third party has the authority to make any representation, warranty, or agreement on behalf of OrCam with respect to OrCam products.
No warranty of any kind or nature is made by OrCam beyond those expressly stated herein. In no event shall OrCam be liable for any special, collateral, indirect, punitive, incidental, consequential, or exemplary damages in connection with or arising out of the use of the Services and/or the Apps.
Unless as otherwise expressly stated herein, you acknowledge and agree that the Services and Apps and any of their content, are provided “as is”, “as available”, and “with all faults”, are used only at your own risk, to the fullest extent permissible by law.Without derogating from any provisions limiting liability under these T&C, the Limited Warranty, if applicable to User, will not apply, and the owner will reimburse OrCam for any costs and expenses incurred in the event that: (i) the Services have been used other than in accordance with the User Guide and these T&C or other written operating instructions provided by OrCam; (ii) the Services have been subject to tampering, misuse, negligence, or accident; (iii) parts identification labels have been removed or the device has been otherwise altered; (iv) an OrCam product has been opened, modified, repaired, serviced, maintained, or altered by someone other than an authorized OrCam representative; (v) the Services have been combined with software, hardware, or other equipment not supplied by OrCam or not approved in writing by an authorized OrCam representative in advance; (vi) any OrCam product has been intentionally damaged, or exposed to water, heat, or high voltage; (vii) the Services have been used by a person who has not completed training by an authorized OrCam Trainer™ or OrCam in-person or online training program. Any parts replaced pursuant to the warranty will be under warranty for the remaining time of the original warranty period or for ninety (90) days from the date of repair, whichever is longer. If you believe that your product needs warranty support, please contact us at: firstname.lastname@example.org . You will be responsible for any shipping costs associated with support services. However, if it is determined that the warranty request is valid, OrCam will pay the total cost of shipping the repaired or replaced product.
ORCAM DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, AND LACK OF VIRUSES. ORCAM DOES NOT WARRANT THAT THE PRODUCT WILL BE ERROR FREE OR “BUG” FREE, WILL OPERATE WITHOUT INTERRUPTION, THAT ANY IMAGES OR SOUNDS PRODUCED BY THE PRODUCT WILL BE ACCURATE OR THAT THE OPERATION OF THE PRODUCT WILL BE SECURE AND HEREBY DISCLAIMS ANY AND ALL LIABILITY ON ACCOUNT THEREOF. THIS SECTION SHALL BE ENFORCEABLE TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
The Services and/or Apps do not support all types of devices and it is your responsibility to check the feasibility of using your device with the Services. Portions of the Services may be contingent upon availability and continuity of wireless internet connection of the device. The User shall bear all charges made by a cellular communication provider associated with use of internet communication for the Services, including in the event of exceeding the User’s cellular package.Refund Policy. You can return your undamaged device for a refund within the period required by local law or as agreed between you and OrCam at the time of purchase. While you may use this form or any other method to notify us of your intention to return your device the best way to notify us is to Click here to open a case with our Support Team . If the date on which OrCam receives the device (either directly or by its carrier) seems inconsistent with the agreed return deadline, (the return deadline is 14 days following the end of the agreed notification period), OrCam may require evidence that the device was dispatched before the deadline in order to validate compliance with this Return Policy. Training fees are non-refundable. Please contact your local representative or OrCam Support to initiate a return process. When you return the OrCam device, please follow OrCam Support instructions carefully. The device must be in the same condition that you received it and undamaged in any way. Your refund and how it is issued may differ based on how the device was purchased, its condition and how long you’ve had the device. OrCam will process your return only after the carrier has received your device and delivered to OrCam. It usually takes up to three weeks for OrCam to receive (for international shipping involving local customs it may take longer) and process your return. Once OrCam issues your refund, it may take additional time for your funds to be made available in your account by your financial institution. For credit card payments it may take 5 to 10 business days. If you have any question, please feel free to contact OrCam Support team.
ORCAM’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH US (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SERVICES) IS TO DISCONTINUE YOUR USE OF THE SERVICES. ORCAM AND ITS AFFILIATES, OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE (EVEN IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN) ARISING FROM YOUR USE OF THE SERVICES. 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 WE 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, OUR LIABILITY SHALL IS LIMITED TO THE EXTENT PERMITTED BY LAW. USER ACKNOWLEDGES AND AGREES THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, WE WOULD NOT BE ABLE TO OFFER THE SERVICES.
For the avoidance of doubt, OrCam shall not be liable towards you or any third party for any damage, loss, injury or harm caused by any action taken by you as a result of content presented through the Apps and Services.
OrCam assumes no responsibility or liability if any Services were used other than in accordance with the instructions in the User Guide and/or training program. Services should not be relied upon in circumstances that are potentially life- or health threatening (including to identify medication/read prescriptions) or that could lead to financial loss. The Services should especially never be relied upon to drive vehicles or operate heavy machinery of any kind. OrCam shall not be responsible in the event that Services are used in such situations, or otherwise in violation of the user guide or these T&C.
You acknowledge and understand that the Apps and/or Services require internet connection which may have different associated charges (such as mobile data expenses) and necessitate consumption of the mobile device battery. You shall have no claim or demand towards OrCam with regards to the aforesaid.
BREACH AND INDEMNITY
Without derogating from any applicable law, you agree to indemnify and hold harmless OrCam and its employees, officers, directors and agents, as well as all third parties from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of these T&C.
We may modify these T&C from time to time in our discretion. If fundamental changes are introduced, a notice will be posted in the updated version of the Services. Your continued use of the Services after the T&C have been modified signifies your assent to the updated T&C. If you dissent to the updated T&C or to any term within them, you must discontinue all further use of the Services.
These T&C and the Services will be governed solely by the laws of the State of Israel, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to these T&C and the Services, will be under the exclusive jurisdiction of the competent court in Jerusalem, Israel. If you are a resident of the United States, this paragraph shall be replaced by the Arbitration; Class Action and Jury Waiver clause as shown at the bottom of these T&C.
You may not assign or transfer your rights in and to the Services, or allow any other person to use your device or access your account on the Apps, without the prior written consent of OrCam. OrCam may assign its rights in and to the Service to a third party at its sole and absolute discretion, provided that the third party undertakes our obligations to you under these T&C.
These T&C, together with the policies that are an integral part of these T&C, namely the Privacy Statement and Cookie Statement, shall all constitute the entire and complete agreement between you and us concerning the OrCam Services.
These T&C and your use of the Services, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto.You are welcome to contact us in any matter relating to these T&C or the Services, by sending us an email to: email@example.com .
Arbitration; Class Action and Jury Waiver (applicable for United States residents)
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT, USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, AND DISCOVERY IS MORE LIMITED. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THE T&CS.Binding Arbitration: This provision is intended to be interpreted broadly to encompass all disputes, claims or controversies (regardless of legal theory or source of law issue) arising out of or relating to the T&Cs. Any dispute or claim arising out of or relating to the T&Cs (whether based in contract, tort, statute, fraud, misrepresentation, common law, or any other legal theory) will be resolved by binding arbitration, except that either you or OrCam may take claims to small claims court if the claims or demands qualify for hearing by such a court. Arbitration Procedures: For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to OrCam at 1115 Broadway, 11th floor, New York, NY 10010 to allow OrCam an opportunity to work with you to resolve the dispute. You and OrCam each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days.
The arbitration of any dispute or claim shall be conducted by, and in accordance with, the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules (as applicable), as modified by the T&Cs. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and OrCam agree that the T&Cs evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law and will not be governed by state law. Any arbitration will be held in Delaware or virtually, if mutually agreed. The arbitration will be conducted in the English language. There shall be three arbitrators selected from the AAA’s list of approved arbitrators, agreed to by the parties within thirty (30) days of receipt by respondent of the request for arbitration or, in default of such agreement, by the AAA. Each party shall bear the portion of any deposit, advance, or other expense as determined by the arbitrator.
You and OrCam agree that discovery will be limited to be cost-effective and proportionate to the claim, and that the cost of discovery shall be borne by the party requesting such discovery. Except as provided below, the arbitrators may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce the T&Cs as a court would. Notwithstanding the foregoing, the arbitrators shall have no authority to award punitive, consequential or liquidated damages of any kind. In all arbitrations, the arbitrator must give effect to applicable statutes of limitations.
The award rendered by the arbitrators shall be final, non-reviewable and binding on the parties. Any arbitration shall be confidential, and neither you nor OrCam may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
Class Action Waiver and Jury Waiver: You and OrCam each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated, or representative action. If a court or arbitrator determines in an action between you and OrCam that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If for any reason a claim proceeds in court rather than through arbitration, You and OrCam each waive any right to a jury trial and consent to the jurisdiction of the courts and laws of the State of Delaware.
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