1 General Terms of Use

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.

The Terms of Use below inform you how to use the application, how to interact with the information and how you can, and cannot, use the services. These rules are here to ensure positive use of the services, to protect you, to protect AYES and to allow us to take action if and when it becomes necessary. The first General Terms of Use section is applicable to all services made available by AYES, the AYES website, the AYES Service, or any applications (including mobile applications). Later sections include more detailed terms of use specific to the AYES OKO application.

​

1.1 Legal Agreement

By accessing or using the AYES website, the AYES Service, or any applications (including mobile applications) made available by AYES (together, the "Service"), however accessed, you agree to be bound by these terms of use ("Terms of Use"). The Service is owned or controlled by AYES BV ("AYES"), with registered offices at 2540 Hove, Jozef Lambrechtslei 32, Belgium and registered at the crossroads bank for enterprises under the number 0770.675.094 with e-mail hello@ayes.ai. These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service. There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use. By using the Service, you agree to comply with these Terms of Use and confirm to fully understand the Terms of Use. The Terms of Use are available in another language, upon request.

1.2 Basic Terms

Under the age of 17, you must have parental consent to use the Service. You agree that you will not solicit, collect or use the login credentials of other Service users. Other than as expressly set out in these terms or additional terms, neither AYES, nor its suppliers or distributors make any specific promises about the Services. For example, we do not make any commitments about the specific function of the Services, or their reliability, availability, or ability to meet your needs. We provide the Services “as is”. You acknowledge that AYES is an AI-tool which may contain errors and shall evolve constantly. You shall therefore use the Services responsibly following the user guidelines set out in the application and in these Terms of Use (see e.g., Section 2). Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties. You must not change, modify, adapt, or alter the Service or change, modify, or alter another website so as to falsely imply that it is associated with the Service or AYES. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any Service users. You must not use domain names or web URLs in your username without prior written consent from AYES. You must not interfere or disrupt the Service or servers, or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware, or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Service page is rendered or displayed in a user's browser or device. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other AYES terms. You must not attempt to copy, reverse-engineer, replicate, rent or resell any data or Services of AYES. You may not offer the Service through your own Services or Application, without the prior consent of AYES. You may not use the Services commercially. Violation of these Terms of Use may, in AYES's sole discretion, result in termination of your Service account. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for AYES, we can stop providing all or part of the Service to you.

​

1.3 General Conditions

We reserve the right to modify or terminate the Service or your access to the Service for any reason we deem necessary, at any time, and without liability to you, with a prior notice and a reasonable term of notice of one month if we terminate your access to the Service or you use the form detailed above to deactivate your account. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease. We reserve the right to change these Terms of Use ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms. We reserve the right to refuse access to the Service to anyone for any reason at any time. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles (except as may be the result of standard search engine protocols or technologies used by a search engine with AYES’ express consent).

1.4 Rights

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

2.1 Summary

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.

You are solely responsible for your User Content. You also represent and warrant the User Content you upload will not violate third-party rights of any kind, including without limitation any copyrights, rights of publicity and privacy rights. You agree to pay for all royalties, fees, and any other money that may be owed because of any User Content you show or display through the Service. Any Content that you post on or through the Service is subject to the Service's Privacy Policy, available here: https://ayes.ai/privacy.

​

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

We reserve the right to remove any images from our databases for any reason. For example, if any images violate our policies or have explicit content. Content removed from the Service may continue to be stored by AYES, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, AYES encourages you to maintain your own backup of your Content. In other words, AYES is not a backup Service, and you agree that you will not rely on the Service for the purposes of Content backup or storage. AYES will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure. We reserve the right to have a royalty free internal use of any of the images or videos taken. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use. You agree that you are responsible for all data charges you incur through use of the Service. You agree that AYES is not responsible for, and does not endorse, Content uploaded within the Service. AYES does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content. It is AYES’ policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, AYES does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that AYES is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and Services, without any liability or payment of any kind to you.

​

​

3 Miscellaneous

3.1 Governing Law & Competent courts

These Terms of Use are governed by and construed in accordance with the laws of Belgium. Any dispute arising out of, in connection with or relating to shall be brought before the Enterprise Court of Antwerp, Belgium.

If a dispute should arise between parties, parties shall reasonably attempt to reach a settlement before taking further legal action.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. AYES‘s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. In the event a provision of this agreement should be invalid or unenforceable, parties shall renegotiate the provision in good faith and in occurrence with the purpose of the invalid or unenforceable provision and mutual intentions of the parties. If no agreement should be found, the applicable Belgian laws shall fill the void.

3.2 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.

3.3 Entire Agreement

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and AYES and governs your use of the Service, superseding any prior agreements between you and AYES.

3.4 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.

​