Terms of Use
Effective Date: 17 April 2023
These Terms of Use set the rules for how we interact with the user and how the user can, and cannot, use the Services. These Terms of Use form a legal agreement between the user and AYES, Inc. (“us,” “we,” AYES, or the “Company”) (the “Terms of Use”).
The OKO application is an artificial intelligence application that uses the back camera on a user’s mobile device to recognize pedestrian traffic light and inform the user of the” walk”, “don’t walk” and/or “countdown” signs. We use audio, vibrations and visual overlays to notify users of when a pedestrian traffic light changes. (collectively, the “Services”) (the “Application”).
The Application does not rely on any adaptations to the traffic light and runs locally on the user’s smartphone. As a result, the Application can be operated in airplane mode if necessary for the reliability of the Application’s functionality. The feedback is instantaneous; this means that the user feels an extra sense of orientation because the moment a user receives feedback, the user also knows that it is the heading in the proper direction. Currently, the Application does not require the user to input any information, however, our proprietary “smart” algorithm has the capability of detecting when a traffic light is changing (the “Algorithm”). We have sourced the Application from scratch as well as all data and artificial intelligence associated therewith. We do not sell the Algorithm to third parties. Users can turn the Algorithm to the “off” position via the Application’s settings function, however, doing so will limit the Application’s functionality.
We reserve the right to capture aggregated and anonymous location data to share with local municipalities for non-marketing purposes to provide insights to concerning their accessibility. We currently do not charge a fee for use of the Application but reserve the right to do so in the future.
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RESTRICTIONS OF USE
User must be at least eighteen (18) years old to use the Application. User agrees NOT to do any of the following: (1) register as a blind or visually impaired user if user is not actually legally blind or visually impaired; (2) solicit, collect or use the login credentials of other Service users; (3) use the Services to defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate any person or entity; (4) use private or confidential information via the Services; (5) remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Application; (6) use the Application as an emergency aid, a means of obtaining or providing emergency services, or a means for delivering or receiving medical treatment or medical or health services; (7) share health information with third parties using the Application or the Services; (8) use the Application and/or the Services for any illegal or unauthorized purpose; (9) frame or link to the Services except as permitted in writing by the Company; (10) attempt to reverse engineer or attempt to interfere with the operation of any part of the Application; (11) download, reproduce, duplicate, copy, sell, resell, use or otherwise exploit any of the Application for any commercial purpose without express written permission from the Company; (12) change, modify, adapt or alter the Application, or change, modify or alter another website so as to falsely imply that it is associated with the Application or the Company; (13) interfere with or disrupt the Services provided by the Application or servers or networks connected to the Application, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature; (14) alter or interfere with the way any Services or Application are rendered or displayed in a user’s browser or device; (15) create accounts with the Application through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper; (16) attempt to restrict another user from using or enjoying the Services provided by the Application; (17) encourage or facilitate violations of these Terms of Use. If user violates any of these restrictions or any provision of these Terms of Use, user’s right to use the Services and the Application will terminate immediately and any further use of the Services and the Application shall immediately cease. If any user is found to infringe upon the Company’s ownership rights to the Application or upon other intellectual property rights, including without limitation its copyrights and trademarks, such user’s rights to use the Application and the Services shall immediately terminate. We reserve the right to terminate, remove or discontinue all or a portion of the Services at any time, with or without notice to the user, in our sole discretion.
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PRIVACY
Your use of the Application is subject to AYES’ Privacy Policy, which is available at https://www.ayes.ai/privacy-policy-usa. Your use of any Third-Party Applications (as defined herein) is subject to the privacy policy of the applicable Third-Party Provider (as defined herein).
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ACCESS TO THIRD-PARTY APPLICATIONS
We can choose which Third-Party Applications to promote, and we can also choose how we want to promote them, if at all. Provision of the Services and downloading of the Application does not mean we endorse, support or warrant any Third-Party Application provider (“Third-Party Provider”). We are not responsible for any Third-Party Application, any errors or other failures of any Third-Party Application, or for any agreements, acts, omissions or practices (including, but not limited to, privacy practices) of any Third-Party Provider. Your use of the Application will be governed by these Terms of Use. However, the use of the Third-Party Application shall be governed by the terms and conditions presented to you during the installation or authorization process or as otherwise required by us or a Third-Party Provider (the “Third-Party Provider Terms”). Please read those terms carefully before accepting them. We are not bound by, and we have no obligation with respect to, any Third-Party Provider’s Terms.
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END-USER LICENSE
In addition to any rights granted to us in the applicable Third-Party Provider Terms (if any), you grant us, our Affiliates (as defined below), and any applicable third parties whose websites and/or services connect to such Application, if applicable, (“Connected Third Parties”), a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free, and non-exclusive license to perform, display and use any data and other content you (or any end users accessing the Application through you) submit or make available through the Application for the purposes of: (1) providing the Application and the Services, (2) using your user data on an internal basis to improve upon the Services, and (3) generating aggregated data which does not identify you such as aggregated data for our own business purposes. For purposes of these terms of Use, the term “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. For purposes of this definition, “Control” means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
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INTELLECTUAL PROPERTY RIGHTS
The rights granted to user under these Terms of Use do not convey any additional rights in the Application or in any intellectual property rights associated therewith. Subject only to the limited rights as expressly stated herein, all rights, title and interest in and to the Application and the services, and all hardware, software and other components used therewith, including all related intellectual property rights, will remain with and belong exclusively to the Company. The Company shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Application or otherwise use any suggestions, enhancement requests, recommendations or other feedback it receives from the user.
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DISCLAIMER
You agree that you bear all risks associated with using or relying on the Application. We do not in any way warrant the accuracy, reliability, completeness, usefulness, non-infringement, or quality of the Application. THE APPLICATION OR SERVICES PROVIDED IN CONNECTION WITH THESE TERMS OF USE IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT UNDER APPLICABLE LAW, WE MAKE NO, AND DISCLAIM ALL, WARRANTIES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), GUARANTEES, AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL OR OTHERWISE. YOU ACKNOWLEDGE THAT WE DO NOT WARRANT THAT THE APPLICATION OR THE SERVICES PROVIDED IN CONNECTION WITH THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE APPLICATION OR THE SERVICES PROVIDED THEREIN, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM YOUR USE OF THE APPLICATION OR BY US OR THROUGH THE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
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LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL AYES, INC. BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION AND/OR THE SERVICES PROVIDED THEREIN ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU IN THOSE CASES. In no event shall the Company’s total liability to user for all damages (other than as may be required by applicable law) exceed the amount of fifty dollars ($50.00).
INDEMNITY
Each user agrees to indemnify and hold the Company and its Affiliates, and each of its respective officers, agents, and employees harmless from any claims by third parties, and any related damages, losses or costs (including reasonable attorney fees and costs), arising out of or related to: (1) each user’s use of the Application, (2) user’s use of the Services, (3) any violation or breach of these Terms of Use, and/or (4) any rights of a third-party.
GENERAL
If any provision of these Terms of Use is held by a court to be invalid or unenforceable, then that provision shall be construed, as nearly as possible, to reflect its intentions, with all other provisions remaining in full force and effect. Our failure to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless agreed to by us in writing. These Terms of Use comprises the entire agreement between you and us and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and us regarding the subject matter contained herein. There are no third-party beneficiaries to these Terms of Use. You may not assign your rights or obligations under these Terms of Use, whether by operation of law or otherwise, without our prior written consent. These Terms of Use, and any disputes arising directly or indirectly from these Terms of Use, shall be governed by and construed in accordance with the laws of the State of New York, U.S.A, without regard to its choice of law provisions. Each of the Parties hereby irrevocably consents and submits to the exclusive jurisdiction of the state and federal courts located in New York County, New York, U.S.A for any such disputes, and hereby irrevocably waive any objections to the laying of venue in such courts.
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CHANGES TO TERMS OF USE
We may change the terms of these Terms of Use from time to time. You should check periodically for changes to these terms.
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NOT AN EMERGENCY SYSTEM
The Application is not designed to be or intended for use as an emergency aid, a means of obtaining or delivering emergency services, or a means for delivering or receiving medical treatment or medical or health services. The Services have not been tested or approved for such critical, high-risk uses and each user agrees that user will not use the Services and/or the Application for such purposes.
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RELEASE
User hereby releases the Company (and its Affiliates, officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with a dispute between user and any third party, including without limitation another user of its Services or the Application, whether it be at law or in equity. USER HEREBY WAIVES CALIFORNIA CIVIL CODE §1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
QUESTIONS AND COMMENTS
If you have questions or comments about these Terms of Use or the Application itself, please visit www.ayes.ai or email legal@ayes.ai