Terms and Conditions

Terms and Conditions of Use

Accepting the Terms and Conditions of Use.

EyeFree Assisting Communication Ltd. (“EyeControl”, “us”, “we” or “our” (welcomes you (“User(s)”, or “you”) to our primary site available at: https://www.eyecontrol.co.il/, (the “Site”), and our Platform, available to registered Users at: https://my.eyecontrol.co.il/login (the “Platform”), (collectively the “Services”).

Please read these terms and conditions carefully before using our Services, as they constitute a legally binding agreement between you and EyeControl.

ANY USE OF THE SERVICES IS SUBJECT TO AND CONDITIONED UPON YOUR CONSENT TO AND COMPLIANCE WITH, ALL OF THE TERMS AND CONDITIONS BELOW (THE “AGREEMENT”). BY USING THE SERVICES, YOU SIGNIFY YOUR CONSENT TO BE BOUND BY THE AGREEMENT AND THAT YOU ARE OF LEGAL AGE AND CAPACITY TO FORM A BINDING CONTRACT. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SERVICES IN ANY MANNER.

Please note we may change the terms of this Agreement from time to time by posting a notice on our Services, five (5) days in advance of the occurrence of such changes. Your continued use of the Services shall constitute your consent to any changes made. If you do not agree to the new terms, you should not use and are free to discontinue using the Services.

By accessing the Services, you consent to the collection and use of information as described in our Privacy Policy, as may be amended from time to time.

The Services.

EyeControl provides a Platform, which connects to a wearable, screen free and simple to use communication device, intended to improve the quality of life for “locked-in” patients and to advance the method of communication within medical centers, or at home with family members and care providers (the “Device”). Our Site provides information regarding our products and services.

The Site and/or the Platform may provide you with comprehensive information regarding, inter-alia, our Services, concept, company overview, company team, partners, contact information, news regarding our company, and so forth, including any other content related thereto such as contact information, videos, photos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the "look and feel" of the Site, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Site and/or the Platform (collectively, the “Content”).

For the avoidance of doubt, the Site serves mainly as an informative marketing tool, and engagements of any sort with us, including, without limitation, purchasing a device, shall only be created on a first person basis (e.g. through a User's meeting or discussion with the our representative). The Content does not bind EyeControl in any form, and in any case where the Content contradicts or is inconsistent with separate agreements executed directly between EyeControl and you, information supplied by EyeControl on a first-person basis shall prevail.

(Collectively, the “Services”).

ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE AND/OR THE PLATFORM ARE RESERVED TO EYECONTROL OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE AND/OR THE PLATFORM AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. EYECONTROL WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE PLATFORM AND/OR THE CONTENT AVAILABLE THEREIN. YOUR USE OF THE SERVICES AND/OR THE CONTENT AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.

Access and use of the Services and any content made available through the Services or that you otherwise obtain in connection with the Services, is permitted only for your own personal use, and only as long as you are in compliance with this Agreement.

Please Note, portions of the Services may be subject to other agreements and policies which relate to a particular service or activity conducted through or offered on the Services, in addition to this Agreement (“Third Party Services”). Use of Third-Party Services is conditioned on you complying with their respective terms and conditions. BY USING THE THIRD-PARTY SERVICES, YOU SIGNIFY YOUR CONSENT TO BE BOUND BY THEIR RESPECTIVE AGREEMENTS.

Your Personal Information.

In order to use the certain features of the Services, such as contacting us via the Site, or registering to the Platform, you will be required to provide us with certain personal information, including, inter alia, first and last name, email address, telephone number, your password, and any free content you will choose to share with us, and in order to respond to your requests, we may collect certain personal information, as further detailed in our privacy policy, available at: https://home.eyecontrol.co.il/privacy-policy and https://eyecontrol-legal-public.s3.amazonaws.com/privacy-policy/latest/doc.html

As a User of the Services, you agree to: (i) provide true, accurate, current and complete information; (ii) maintain and promptly update your information to keep it accurate, current and complete; (iii) maintain the security and confidentiality of any usernames, passwords and other information used by you to access the Services; (iv) refrain from impersonating any person or entity or misrepresent your identity or affiliation with any person or entity; (v) immediately notify us in writing if you become aware of any loss, theft or use by any other person or entity of any of your personal information or any other breach of security that you become aware of involving or relating to the Services.

By registering to or using our Services, you consent to us sending and you receiving, by all means such as our Platform, telephone, SMS or e-mail, communications containing content of a commercial nature relating to the Services. We do not have to obtain your prior consent before sending such communications to you, but we shall cease to send such communications if you notify us in writing that you do not wish to receive such communications, by sending us email to: support@eyecontrol.co.il. Note that some communications are considered by us to be integral to the Service itself and in order to stop all communications from us, you should terminate your account and discontinue use of the Services completely.

Your information, including among others your Content and Personal Data, is subject to our Privacy Policy at: https://home.eyecontrol.co.il/privacy-policy and https://eyecontrol-legal-public.s3.amazonaws.com/privacy-policy/latest/doc.html. By accessing our Services, you consent to the collection and use of information as described in our Privacy Policy, as may be amended by us from time to time, which forms an integral part of this Agreement.

Submission of Content.

As a condition to submitting Content to the Services, you warrant and represent that (i) you are at least eighteen (18) years of age; (ii) all of the submissions are and will be true, complete and accurate and in compliance with all of the terms of this Agreement and any applicable laws and regulations; and (iii) you have all necessary right, power and authority to enter into and perform under this Agreement.

Please note you are entirely responsible for all your submissions of Content and the consequences of submitting them to the Services.

Although we have no obligation to review or monitor any submissions of Content, we reserve the right, in our sole discretion, to monitor, edit and partially or fully remove any Content without prior notice at any time for any reason.

General User Conduct.

In connection with the Services, you agree (i) to abide by all applicable law, (ii) only make use of information that you own or have a right to use, and (iii) use the Services appropriately. Without limiting the above, you may not:

Allow or facilitate a third party, to violate or infringe any rights of us or others or our policies or the operational or security mechanisms of the Services.

Use the Services and any Content in any way that restricts or inhibits the use of the Services.

Alter, delete, forge, frame, copy, publicly display, publicly perform, rent, sell, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise, any part of the Services (including without limitation trademarks, service marks and logos contained in the Services (“Marks”) but excluding Content provided entirely by you).

Access or attempt to access any of our systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Services or any of the Service’s security and traffic management devices.

Use any robot, spider, other automated device or any tool-bar, web-bar, other web-client, device, software, routine or manual process, to access the Services, submit Content, or monitor or scrap information from the Services.

Create or provide any other means through which the Services may be accessed, for example, through server emulators, whether for profit or not.

We cannot and do not assure that other users of the Services are or will be complying with this Agreement, and, as between us, you assume all risk of harm or injury resulting from any such lack of compliance.

Misconduct and Copyright Agent.

We care for your safety. If you believe a User acted inappropriately including (but not limited to) offensive, violent or sexually inappropriate behavior, or that your work has been copied in a way that constitutes copyright infringement, please report immediately such person to the appropriate authorities and to us at support@eyecontrol.co.il.

Hyperlinking to our Content

The following organizations may link to our Site and/or Platform without prior written approval: Government agencies; Search engines; News organizations; Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or other information as long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

We may consider and approve in our sole discretion other link requests from the following types of organizations: Commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union; dot.com community sites; associations or other groups representing charities, including charity giving sites, online directory distributors; internet portals; accounting, law and consulting firms whose primary clients are businesses; and educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of ; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

If you are among the organizations listed in paragraph 2 above and you are interested in linking to our Site and/or Platform, you must notify us by sending an e-mail to: info@eyecontrol.co.il.

Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Site and/or Platform, and a list of the URL(s) on our site to which you would like to link. We will make an effort to respond to your request in a reasonable time frame.

Approved organizations may hyperlink to our Site and/or Platform as follows:

By use of our corporate name; or
By use of the uniform resource locator (Web address) being linked to; or
By use of any other description of our Site and/or Platform that makes sense within the context and format of content on the linking party's site.

Links to third party Sites.

We may provide links within our Services that permit Users to leave our Site and/or Platform and enter non-EyeControl sites or services. Those linked sites and services are provided solely as a convenience to you. These linked sites and services are not under the control of EyeControl and it is not responsible for the availability of such external sites or services, and does not endorse and is not responsible or liable for the content, privacy policies or practices available from such linked sites and services or any link contained in linked sites or service. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is advisable to read such documents carefully before using those sites and services. Please note that your access and/or use of any such sites, services and content are at your sole risk

Social Media Features.

The Site may include social features and other integrated tools (Facebook, Twitter, LinkedIn etc.) ("Social Features").

The Social Features are operated or allow for social integration with certain third-party social networks or third-party sites (“Social Network"). These are created and maintained by third parties who are not affiliated with and/or controlled by us. Your use of the Social Features is subject to the applicable third party Social Network terms of use and privacy policies. If you do not agree to the practices described in such terms you should not use the Service's integration with such Social Networks, however you may find that you are not able to enjoy all the features available by our Services. EyeControl is not responsible and has no liability for your use of such Social Networks.

Proprietary Rights.

Content, including without limitation the Marks, that were not uploaded by you, are protected by copyrights, trademarks, service marks, patents or other proprietary rights, both with respect to any Content and as a collective work or compilation, pursuant to laws and international conventions. Any rights to the Content and Services not expressly granted herein are reserved. We make no claim of ownership as to the trademarks of any third party linked or displayed on the Services, or with respect to any publisher or publication mentioned on the Services.

To the extent you provide any feedbacks, comments or suggestions to EyeControl (“Feedback”), EyeControl shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any EyeControl current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval.

Minors.

The Services are directed towards and designed for use by persons aged 18 and older. We reserve the right to request proof of age at any stage so that we can verify that minors under this age are not using the Services. In the event that it comes to our knowledge that a person under the age of eighteen (18) is using the Services, we will prohibit and block such User from accessing the Services and will make all efforts to promptly delete any Personal Information (as such term is defined in our Privacy Policy) with regard to such User.

Availability.

The Services availability and functionality depends on various factors, such as communication networks. EyeControl does not warrant or guarantee that the Site or Services will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free, and will not be held liable for any service disruptions, whether temporary or not.

We may for any or no reason, in our sole discretion and without notice or liability to you or any third party, refuse Service or terminate the Services at any time, and may immediately suspend or terminate your account (if any) and block any and all current or future access to and use of the Services (or any portion thereof), without derogating from any other right or remedy that we may have by law, equity or otherwise. Grounds for such termination may include, but are not limited to, our determination that you violated the letter or spirit of this Agreement or an infringement of the rights of others or any applicable laws or regulations.

You acknowledge that we may, in our sole discretion and at any time(s), change or discontinue providing any part of the Service, upon notifying you to the email address associated with your account, with a five (5) day advance notice of such change. In addition, we may, from time to time, perform maintenance upon the Services resulting in interrupted service, delays or errors in the Services. We will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.

Disclaimers of all Warranties.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SUBMISSION OF CONTENT BY YOU OR OTHERS DOES NOT IMPLY ENDORSEMENT BY US OF THE CONTENT. WITHOUT LIMITING THE ABOVE, WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO (I) THE SERVICES MEETING YOUR REQUIREMENTS, OR BEING UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, OR ERROR OR VIRUS FREE; (II) WHETHER YOUR USE OF THE SERVICES OR THE CONTENT WILL GENERATE ANY RESULTS OR CONSEQUENCES, NOR IN TERMS OF THE CORRECTNESS, COMPLETENESS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE, OR IN CONNECITON WITH SUBMISSIONS OR PREVENTTION OF UNAUTHORISED ACCESS, SHARING OR DOWNLOAD OF CONTENT; OR (III) YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION.

YOUR USE OF THE SERVICES AND CONTENT, AND ANY ACTION OR INACTION BY USERS OF THE SERIVCES, ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING CONSEQUENCES.

Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INJURY, DEATH, ACT OF GOD, ACCIDENT, DELAY, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THE SERVICES (INCLUDING WITHOUT LIMITATION INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THE SERVICES), (II) IN CONNECTION WITH THIS AGREEMENT OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (III) REPRESENTATIONS, WARRANTIES, ACTIONS OR INACTIONS OF ANY USER OR OTHERS (WHETHER OR NOT PROVIDED AS A RESULT OF THE SERVICES); IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.

All of the above limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between us and you. However, we will be liable to you for direct damages to you that arise out of any willful act on our part in an amount up to one hundred dollars ($100).

Limitation of Claims.

Any claim or cause of action arising out of or related to use of the Services or to the Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

Indemnification.

YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING REASONABLE ATTORNEY’S FEES, RELATED IN ANY WAY TO: (I) YOUR USE OF, ACCESS TO OR RELIANCE ON THE SERVICES OR THE CONTENT, INCLUDING WITHOUT LIMITATION our actions or omissions while providing THE services (EXCEPT FOR OUR BREACH OF THE AGREEMENT AS A RESULT OF WILLFULL MISCONDUCT OR FRAUD ON OUR PART); (II) YOUR CONTENT AND PERSONAL INFORMATION; (III) ANY BREACH OF, OR DEFAULT IN, THIS AGREEMENT BY YOU; (IV) ANY ACT OR OMISSION BY YOU, WHETHER OR NOT ILLEGAL, NEGLIGENT, RECKLESS, OFFENSIVE, UNAUTHORIZED OR UNPROFESSIONAL; (V) ANY DEFECTIVE, CONTAMINATED OR MALICIOUS DEVICE OR SOFTWARE, INCLUDING WITHOUT LIMITATION VIRUSES, INTENTIONALLY OR NEGLIGENTLY DISSEMINATED BY YOU OR ORIGINATING FROM YOUR EQUIPMENT OR NETWORK; (VI) YOUR ACCOUNT, BY YOU OR BY ANY ONE ACCESSING YOUR ACCOUNT WITH OR WITHOUT YOUR CONSENT.

We will provide you with written notice of such claim, suit or action. You will not enter into any settlement or compromise of any such claim without our prior written consent. We reserve the right, in our sole discretion, to assume the exclusive defense and control of any matter subject to indemnification by you. In all events, you shall cooperate fully in the defense of any claim.

Governing Law and Exclusive Courts.

This Agreement will be governed by laws of the State of Israel without regard to its choice of law or conflicts of law principles. You and we consent to the exclusive jurisdiction and venue in the courts in Tel Aviv, except that temporary relief to enjoin infringement of intellectual property rights may be sought in any court.

Amendments to the Terms.

EyeControl may, at its sole discretion, change these terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect five (5) days after such notice was provided on our Site or sent via e-mail, whichever is the earlier. Otherwise, all other changes to these terms are effective as of the stated “Effective date” and your continued use of the Services on or after the Effective date will constitute acceptance of, and agreement to be bound by, those changes. In the event that these terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.

General.

This Agreement and our Privacy Policy comprise the entire agreement between you and us, and state our and our suppliers’ entire liability and your exclusive remedy with respect to the Services, and supersede all prior agreements pertaining to this Agreement’s and Privacy Policy’s subject matters.

If any provision of this Agreement is held to be contrary to law, such provision shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect.

The section titles in this Agreement are solely used for convenience and have no legal or contractual significance.

No provision of the Agreement shall be construed against us but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis after opportunity to confer with advisors and legal counsel about the meaning and effects of the terms of this Agreement.

You agree to pay all costs and expenses (including reasonable attorneys’ fees) that we may incur in order to collect any amounts that you owe under this Agreement.

No waiver of any term of this the Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Agreement shall not constitute a waiver of such term.

Our suppliers and contractors are third-party beneficiaries of this Agreement. This Agreement, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by us to a successor or purchaser of all or substantially all of our shares, business or assets.

For information, questions, or notification of error, please contact us.

If you have any questions (or comments) concerning these terms, you are most welcome to send us an e-mail to support@eyecontrol.co.il.

Effective date: 18-Jun-2024

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