Welcome to the AYES community, where we deliver a live navigational assistance to visually impaired people. We hope that you will use our services such that most of your mobility issues will be solved with our mobile application.
1.1 Legal Agreement
1.2 Basic Terms
1.3 General Conditions
Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that AYES may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid Services, sponsored content, or commercial communications as such. The Service contains content owned or licensed by AYES ("AYES Content"). AYES Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and AYES, AYES owns and retains all intellectual property rights in the AYES Content and the Service. You will not remove, alter or conceal any copyright, trademark, Service mark or other proprietary rights notices incorporated in or accompanying the AYES Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the AYES Content. The Service name and logo are trademarks of AYES, and may not be copied, imitated or used, in whole or in part, without the prior written permission of AYES. In addition, all page headers, custom graphics, button icons and scripts are Service marks, trademarks and/or trade dress of AYES, and may not be copied, imitated or used, in whole or in part, without prior written permission from AYES. Although it is AYES’ intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Such interruption shall not give you any right of indemnification.
1.5 Reporting Copyright and Other IP Violations
We respect other people's rights and expect you to do the same. If you repeatedly infringe other people's intellectual property rights, we will disable your access to the Service.
2 AYES OKO
AYES helps blind and visually impaired people to navigate safely from point A to B using audio feedback from our mobile application. Below you can find the terms that explain how you can use our services, and they form a legal agreement between you and us. This section summarizes the terms, but you need to read through the entire document.
The live navigational assistant that AYES provides should be used in good circumstances to ensure performance. Good circumstances can be defined as clear daylight where the camera has a clear view with no obstruction and where the phone is held in landscape mode. The mobile device needs to have a good internet connection for the application to function properly. Mobile data expenses shall be made solely at your expense. The algorithm can still be confused for different reasons and the user should always be careful and not solely trust on the application.
You may only use the Services for non-commercial purposes, subject to these Terms. The Services are intended for private and personal purposes.
2.2 Disclaimer of Warranties
AYES PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.
Additionally and without derogating from the above clause, AYES disclaims any warranties relating to the accuracy of the maps, content, road conditions, walking directions, navigation routes, traffic light predictions or obstacle predictions presented or displayed in or by the Service. For instance, the sidewalk may be under construction and the software may not notice this; existing roads may be missing from the map; the software may inform you of faulty or inaccurate content or reports; the software may inform you of a wrong traffic light prediction. Such errors and omissions are inherent to any AI-based service that operates in complex outdoor environments. You acknowledge that you shall take in account these possible errors while using the Services.
You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Service, and you further agree and acknowledge that your use of or reliance on the Service is made entirely at your own risk. You shall solely be responsible for your safety during the use of the Service. You further acknowledge that it is your responsibility to comply with all applicable laws (including traffic laws) while using the Service.
THE INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED ON THE STREETS. IN THE EVENT THAT THE INFORMATION PRESENTED ON THE STREETS (TRAFFIC LIGHTS, TRAFFIC SIGNS, POLICE PERSON, ETC.) INSTRUCTS DIFFERENTLY THAN THE SERVICE, YOU MUST RELY ON THAT INFORMATION.
AYES exerts efforts to provide you with a high quality and satisfactory service. However, We do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to AYES’s computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Software failures and Software communication failures, originating either in AYES or any of its providers.
AYES, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DAMAGE, OR ANY OTHER LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, IN ANY FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS IN NATURA, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES, WITHOUT ANY COMPENSATION BY EQUIVALENT. IF A REMEDY IN NATURA SHOULD BE UNREASONABLE OR IMPOSSIBLE, NO COMPENSATION SHALL APPLY.
Should AYES be held responsible for any reason, despite the explicit exclusion of liability, the extent of the compensation shall be limited to the amount for which AYES is insured. In the event the insurance should not cover the damages or the matter for which AYES is held responsible, the compensation by AYES shall be limited to the direct physical damages incurred by the user of the Service. Indirect, incidental, special or consequential damages (including but not limited to loss of profits or revenue, loss of use of the products or software or services or any material damages) are excluded.
2.3 Ownership of User content
When you use the Services and agree to sharing data to improve our service you are creating “User Content”. User Content may include data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials that you submit via the Services.
2.4 License of User Content
You hereby grant to AYES, and AYES hereby accepts from you, a royalty-free, sub-licensable, transferable, perpetual, irrevocable, exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate and make derivative works of your User Content, including your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for any purpose in connection with the Services and AYES (and its successors’ and affiliates’) business.
2.6 General Conditions
4.1 Governing Law & Competent courts
If a dispute should arise between parties, parties shall reasonably attempt to reach a settlement before taking further legal action.
4.2 Time Limitation on Claims
You agree that any claim you may have arisen out of or related to your relationship with AYES must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
4.3 Entire Agreement
4.4 Territorial Restrictions
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject AYES to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, Service or other feature that AYES provides.