Effective Date: 17 April 2023
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.
RESTRICTIONS OF USE
ACCESS TO THIRD-PARTY APPLICATIONS
INTELLECTUAL PROPERTY RIGHTS
LIMITATION OF LIABILITY
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.
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.”