App Privacy and EULA

Privacy Policy

Last updated on June 13, 2019

This privacy policy (“Privacy Policy”) governs how we, Intuition Robotics Ltd. (“Intuition Robotics” “we”, “our” or “us”) use, collect and store information pertaining to you (“User”, “you”), such as in the following use cases:

  1. When you make use of, or interact with the ElliQ mobile software application (the “App”):
    1. When you sign up for an account, login or use our App, including services and/or products
    2. When you make use of the App in order to connect with and socialize with the persons who make use of the ElliQ robot (the “Persons”).
  2. When you contact us (e.g. customer support, help, submit a request)
The App is referred to herein as the “Services”.  

We greatly respect your privacy, which is why we make every effort to provide a platform that would live up to the highest of user privacy standards. Please read this Privacy Policy carefully, so you can fully understand our practices in relation to Personal Data. “Personal Data or Personal Information” means any information that can be used, alone or together with other data, to uniquely identify any living human being.

 

Terms of Use and EULA. This Privacy Policy forms part of our Terms of Use (“Terms”) and the App’s End User License Agreement which can be viewed from within the App and which you accepted prior to downloading, installing and/or using the App for the first time (“EULA”). Any capitalized but undefined term in this Privacy Policy shall have the meaning given to it in the Terms or the EULA.

Table of contents:

  • What information we collect, why we collect it, and how it is used
  • Period of storage of collected information
  • How we protect and store your personal information
  • How we share your personal information
  • Additional information regarding transfers of personal data
  • Use by children
  • How can I delete my account?
  • Links to and interaction with third party product
  • Log files
  • Analytics Tools
  • Access/Accuracy
  • California privacy rights
  • Our California do not track notice
  • Deletion of content from California residents
  • How to contact us

 

This Privacy Policy may be updated from time to time and therefore we ask you to check back periodically for the latest version of the Privacy Policy, as indicated below. If there will be any significant changes made to the use of your Personal Data in a manner different from that stated at the time of collection, we will notify you by posting a notice on our App or by other means.

Please also be aware that certain personal information and other information provided by you in connection with your use of the App may be stored on your device (even if we do not collect that information). In addition, please note images sent by you may be stored and displayed on the ElliQ device itself. You are solely responsible for maintaining the security of your device from unauthorized access.

  • WHAT INFORMATION WE COLLECT, WHY WE COLLECT IT, AND HOW IT IS USED

     

  • When you make use of, or interact with the App
  • When you sign up for an account, login or use our App, including services and/or product

     

  • Information we collect
    • Full Name
    • Gender
    • Birthday
    • Picture/photo of yourself
    • Relationship to the Persons
    • Email
    • Phone number
      1. Why is the Information collected and for what purposes?
    • Signing up and creating an account
    • Performing the agreement / granting access to the Services / allowing you to log in
    • Connect and socialize with the Persons
    • To better understand our Users and to send marketing communications to our Users
    • To segment customers/Users
    • To personalize our marketing messages to our Users
      1. Third parties with whom we share your Information
    • Twilio, Firebase and Google Drive for storage purposes.
      1. Consequences of not providing the Information
    • Cannot sign up and create an account
    • Cannot access the services
    • Cannot log in to your account
    • Cannot connect and socialize with the Persons

     

  • When you make use of the app in order to connect with and socialize with the Persons

     

      1. Information we collect
    • First name
    • Last name
    • Email address
    • Phone number
    • Text messages
    • Images
    • Voice recordings
    • Video recordings
    • Events on the Google Calendar
    • Any other data you decide to supply
      1. Why is the Information collected and for what purposes?
    • Connect with and socialize with the Persons
    • Send text messages, voice recordings and video recordings to the Persons
    • Send stickers to the Persons  
    • Enter events on the Persons' Google Calendar.
    • Product learning and development
      1. Third parties with whom we share your Information
    • Twilio, Firebase and Google Drive for storage purposes.
      1. Consequences of not providing the Information
    • Cannot connect with and socialize with the User
    • Cannot add or remove events from a Person's calendar
    • Cannot send text messages, voice recordings and video recordings to the User
    • Cannot send stickers to the Persons
    • Cannot enter events on the Persons' Google Calendar.

     

  • When you contact us (e.g. customer support, help, submit a request):

     

      1. Information we collect
    • Full name
    • Email address
    • Phone Number
    • Subject
    • Message
    • Any other data you decide to provide/supply
      1. Why is the Information collected and for what purposes?
    • To process the request and answer questions
    • To provide support (e.g., to solve technical problems and/or other issues)
      1. Third parties with whom we share your Information
    • Twilio, Firebase and Google Drive for storage purposes.
      1. Consequences of not providing the Information
    • Cannot assist you and respond to your query
    • Cannot provide support to maintain the App and to solve your claims

     

  • PERIOD OF STORAGE OF COLLECTED INFORMATION

    The information we collect will be stored until we no longer need the information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws

  • HOW WE PROTECT AND STORE YOUR INFORMATION
      1. Security. We have implemented appropriate technical, organizational and security measures designed to reduce the risk of accidental destruction or loss, or the unauthorized disclosure or access to such information appropriate to the nature of the information concerned. However, please note that we cannot guarantee that the information will not be exposed as a result of unauthorized penetration to our servers. Nevertheless, we make commercially reasonable efforts to make the collection and security of such information is consistent with this Privacy Policy and all applicable laws and regulations. As the security of information depends in part on the security of the computer, device or network you use to communicate with us and the security you use to protect your user IDs and passwords, please make sure to take appropriate measures to protect this information.

     

      1. Retention of your Personal Data. In addition to the retention periods mentioned in Section 2 above, in some circumstances we may store your Personal Data for longer periods of time, for example (i) where we are required to do so in accordance with legal, regulatory, tax or accounting requirements, or (ii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges, or (iii) if we reasonably believe there is a prospect of litigation relating to your Personal Data or dealings.

     

  • HOW WE SHARE YOUR PERSONAL INFORMATION  

    In addition to the recipients described in Section 1, we may share your information as follows:

     

      • To the extent necessary, with regulators, to comply with all applicable laws, regulations and rules, and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order;
      • If, in the future, we sell or transfer some or all of our business or assets to a third party, we will (to the minimum extent required) disclose information to a potential or actual third party purchaser of our business or assets. In the event that we are acquired by or merged with a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer or assign Personal Data in connection with the foregoing events.
      • Where you have provided your consent to us sharing the Personal Data (e.g., where you provide us with marketing consents or opt-in to optional additional services or functionality); and
      • Where we receive requests for information from law enforcement or regulators, we carefully validate these requests before any Personal Data is disclosed.
  • ADDITIONAL INFORMATION REGARDING TRANSFERS OF PERSONAL INFORMATION

    We will use your Personal Information to provide and improve our Services, to send you marketing/advertisement communications that we believe may be of interest to you, to contact you in connection with the Services and certain programs or offerings that you may have registered for, and to identify and authenticate your access to the parts of the Services that you are authorized to access.

    We may use your designated email address to: (i) send you updates or news regarding the Services and our products; and/or (ii) respond to a “Contact Us” or administrative request (for example, to change your password).

    We may transfer your Personal Information to our local or foreign subsidiaries or affiliated companies for the purpose of storing or processing such information on our behalf. Such information may be transferred to other countries (including US). We require that these parties agree to process such information in compliance with our Privacy Policy.

    We may share your Personal Information with our third party service providers and partners, but only to assist us with our business operations and to provide our Services to you and other users. Such information may be transferred to other countries. We use commercially reasonable efforts to only engage or interact with third party service providers and partners that post a privacy policy governing their processing of Personal Information.

    We may disclose your Personal Information or any information you submitted via the Services if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our Terms, including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; or (iv) protect against harm to the rights, property or safety of Intuition Robotics, our users, yourself or the public.

     

  • USE BY CHILDREN

    By installing, logging in and, in any event by using, the App, you affirm that you are over thirteen (13) years of age. If you are a child under the age of thirteen (13) (i.e. twelve years old or less) (“Child”), you cannot download or use the App. If you are a User between the age of thirteen (13) and eighteen (18) years then, prior to installing the App, you must first review this Agreement with your parents to make sure that you and your parents understand its terms and conditions and agree to them. If we become aware of a violation of this Section 6, we reserve the right to suspend the infringing account without limiting our remedies in law or in equity.

  • HOW CAN I DELETE MY ACCOUNT?

     

    Should you ever decide to delete your Account, you may do so by emailing us at help@elliq.com. If you terminate your Account, any association between your Account and information we store will no longer be accessible through your Account. However, to the maximum extent permitted by law, given the nature of certain features of the Services, any public activity on your Account prior to deletion will remain stored on our servers and will remain accessible to the public.

  • LINKS TO AND INTERACTION WITH THIRD PARTY PRODUCTS

    The Services may enable you to interact with or contain links to your Third Party Account and other third party websites, mobile software applications and services that are not owned or controlled by us (each a “Third Party Service”). We are not responsible for the privacy practices or the content of such Third Party Services. Please be aware that Third Party Services may collect Personal Information from you. Accordingly, we encourage you to read the terms, conditions, and privacy policy of each Third Party Service that you choose to use or interact with.

  • LOG FILES  

    We make use of log files originating from the App. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages, error logs and any other information your browser may send to us. We may use such information to analyze trends, administer the Services, track users’ movement around the Services, and gather demographic information.

  •  ANALYTIC TOOLS

    We use analytic tools to understand how our customers and users use our products and services. The terms and privacy policies of such third parties shall apply and, to the extent required, prevail. For example:

    • Firebase Analytics. We also use a similar tool called “Google Analytics for Firebase”. By enabling this tool, we enable the collection of data about App Users, including via identifiers for mobile devices (including Android Advertising ID and Advertising Identifier for iOS), cookies and similar technologies. We use the information we get from Google Analytics for Firebase to maintain and improve our App(s). We do not facilitate the merging of personally-identifiable information with non-personally identifiable information unless we have robust notice of, and your prior affirmative (i.e., opt-in) consent to, that merger. Finally, please note that Google Analytics for Firebase’s terms (available at https://firebase.google.com/terms/) shall also apply.
    • Crashlytics- We use a Google Analytics tool called "Crashlytics". By enabling this tool we enable, without limitation, the use of technology to track Users' activity and otherwise collect information from Users. We represent and warrant that we are collecting information via this tool solely to obtain information about your engagement with and functionality of the App, and to communicate with you about such engagement and functionality. We will not enable collection of personally identifiable information via the tool unless it is necessary to communicate with you about the App or if we wish to invite you to test the App and you have provided affirmative consent to the collection and use of such information. Finally please, note that the Crashlytics Terms of Use (available at https://firebase.google.com/terms/crashlytics/ ) shall also apply.
  • ACCESS/ACCURACY

    To the extent that you do provide us with Personal Information, we wish to maintain accurate Personal Information. If you would like to delete or correct any of your other Personal Information that we may be storing, you may submit an access request by sending an email to help@elliq.com.  Your email should include adequate details of your request.

  • CALIFORNIA PRIVACY RIGHTS

    California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to help@elliq.com.  Please note that we are only required to respond to one request per customer each year.

     

  • DELETION OF CONTENT FROM CALIFORNIA RESIDENTS

    If you are a California resident under the age of 18 and a registered user, California Business and Professions Code Section 22581 permits you to remove content or Personal Information you have publicly posted. To remove, please send an email to help@elliq.com. Please be aware that after removal you will not be able to restore removed content. In addition, such removal does not ensure complete or comprehensive removal of the content or Personal Information you have posted and that there may be circumstances in which the law does not require us to enable removal of content.

     

  • CONTACT US

    If you have any questions, concerns or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to first contact us at help@elliq.com for general inquiries.

     

  • Intuition Robotics End User License Agreement

    PLEASE READ THE FOLLOWING CAREFULLY BEFORE INSTALLING AND/OR USING THE APP.

     

    By installing, logging in and, in any event, by using the ElliQ mobile software application (the “App”) you expressly acknowledge and agree that you are entering into a legal agreement with Intuition Robotics Ltd. (Intuition Robotics, we”, “us” or “our”), and have understood and agree to comply with, and be legally bound by, the terms and conditions of this End User License Agreement (“Agreement”). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Agreement, please do not download, install or use the App.

  • Services. The App allows you to socialize and interact with older adults on a daily basis via a robotic device (the “Service(s)”). As further described below, the Services are not medical or health-related advice or services.
  • Ability to Accept. By installing, logging in and, in any event by using, the App, you affirm that you are over thirteen (13) years of age. If you are a child under the age of thirteen (13) (i.e. twelve years old or less) (“Child”), you cannot download or use the App. If you are a User between the age of thirteen (13) and eighteen (18) years then, prior to installing the App, you must first review this Agreement with your parents to make sure that you and your parents understand its terms and conditions and agree to them. If we become aware of a violation of this Section 2, we reserve the right to suspend the infringing account without limiting our remedies in law or equity.
  • License. Subject to the terms and conditions of this Agreement, we hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license (“License”) to: (i) download, install and use the App on a mobile telephone, tablet or device (each a “Device”) that you own or control; and (ii) access and use the App on that Device in accordance with this Agreement and any applicable Usage Rules (defined below).
  • License Restrictions. You agree not to, and shall not permit any third party to: (i) sublicense, redistribute, sell, lease, lend or rent the App; (ii) make the App available over a network where it could be used by multiple devices owned or operated by different people at the same time; (iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the App; (iv) copy (except for back-up purposes), modify, improve, or create derivative works of the App or any part thereof; (v) circumvent, disable or otherwise interfere with security-related features of the App or features that prevent or restrict use or copying of any content or that enforce limitations on use of the App; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the App; (vii) use any communications systems provided by the App to send unauthorized and/or unsolicited commercial communications; (viii) use the ElliQ/Intuition Robotics name, logo or trademarks without our prior written consent; and/or (ix) use the App to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement.
  • Account. In order to use some of the App features you will have to create or receive from us, and use, an account (an “Account”). If you create an Account, you must provide accurate and complete information for yourself. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us immediately of any unauthorized use of your Account via help@elliq.com.

    We can terminate or disable your account immediately to protect our App or services, or if you create risk or legal exposure for us, violate this Agreement, if you infringe other people's rights, if we suspect misuse by you of the App, our content or our Services. If we take action to disable or terminate your account, we will notify you where appropriate. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, please contact us at: help@elliq.com.

  • Usages Rules. If you are downloading the App from a third party mobile device platform or service provider (“Distributor”), please be aware that the Distributor may have established usage rules, which also govern your use of the App (“Usage Rules”). We specifically refer to the Usage Rules of certain Distributors below in the section below entitled ‘Distributor Requirements and Usage Rules’, but other Usage Rules may be applicable depending on where the App has been downloaded from. You acknowledge that, prior to downloading the App from a Distributor, you have had the opportunity to review and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the App are incorporated into this Agreement by this reference. You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the App; if you are unable to make such a representation, you are prohibited from installing and/or using the App.
        1. Safe and Appropriate Use
          1. Intuition Robotics does not intend to provide a medical and/or psychological services App or health devices, or provide medical, psychological and/or or health advice. Intuition Robotics is not an emergency service and, in the event of an emergency, we encourage you to contact the relevant authorities.
          2. The Services allow you to view or access a person’s proximity to a robotic device or a person’s calendar and to add and send notifications. For example, as a caregiver, you may want to set certain reminders for the person who uses the ElliQ robot (each a “Person”) to make sure that they do not forget to perform certain action. You shall only use these features in a lawful, ethical and reasonable manner and we disclaim any liability in this regard.
          3. Use of the App in a Vehicle. If you are using the App in a vehicle, you agree: (i) to comply with all applicable traffic laws; and (ii) if you are the driver, not to use the App unless your vehicle is stationary and legally parked.
          4. While you are using our Services, please be aware of your surroundings.
          5. You agree that your use of the Services is at your own risk, and that you will not use the Services to violate any applicable law, regulation, policies, or instructions as outlined in this Agreement and you will not encourage or enable any other individual to do so.
          6. If you have a dispute with any third party relating to your use of Services, to the maximum extent permitted by law, you release Intuition Robotics (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
          7. In any event, if we become aware of unlawful or prohibited behavior or use of our Services, we reserve the right to report such unlawful and prohibited use or behavior to the relevant authorities.
  • Location Data. Certain features or functionality (“Features”) of the App (Such as “use your current location”) may collect or be dependent on data related to your geographic location (“Location Data”). If you wish to use these Features, you agree to provide or to make your Location Data accessible to us. To the extent that we do collect Location Data, we shall use it in accordance with our Privacy Policy (defined below). If you do not provide or make such Location Data accessible then the Features may be limited or not operate.
  •  

  • Intellectual Property Rights.
        1. Ownership. The App is licensed and not sold to you under this Agreement and you acknowledge that Intuition Robotics and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to the App (and its related software). We reserve all rights not expressly granted herein to the App. “Intellectual Property Rights” means any and all rights, titles and interests in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
        2. Content. The: (i) content on the App, including without limitation, the text, information, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (the “Materials”), the (ii) User Submissions (defined below), and the trademarks, service marks and logos contained therein (“Marks”, and together with the Materials and User Submissions, the “Content”), is the property of Intuition Robotics and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Intuition Robotics”, “ElliQ”, and the Intuition Robotics/ElliQ logo are Marks of Intuition Robotics and its affiliates. All other Marks used on the App are the trademarks, service marks, or logos of their respective owners.
        3. Use of Content. The Content on the App is provided to you “as is” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the content you must retain all copyright and other proprietary notices contained therein.
  • User Submissions
        1. While using the App you might create and share certain content such as text messages, voice messages or image files (“User Submission(s)”). Whether or not such User Submission is published, we do not guarantee any confidentiality with respect to any User Submission. You shall be solely responsible for your User Submission and the consequences of posting or publishing them on other platforms.
        2. Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize us to use all Intellectual Property Rights in and to your User Submission, and to enable inclusion and use thereof as contemplated by this Agreement. You retain all of your ownership rights in your User Submission.  
        3. License to User Submission. Subject to this Agreement and the terms of our Privacy Policy, by submitting the User Submission, you hereby grant us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submission only in connection with the App and the Services, including without limitation for redistributing part or all of your User Submission (and derivative works thereof), and you hereby waive any moral rights in your User Submission, and the right to claim or bring proceedings in connection with such rights, to the extent permitted by applicable law.
        4. Disclosure. We reserve the right, to the extent applicable, to access, read, preserve, and disclose any User Submission or any other information that we obtain in connection with the App as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce this Agreement, including investigation of potential violations of it, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to your user support requests, or (v) protect the rights, property or safety of Flycatcher, our users or the public.
  • Third Party Sources and Content.
        1. The App may enable you to view, access, link to, and use content from Third Party Sources (defined below) that are not owned or controlled by us (“Third Party Content”). “Third Party Source(s)” means: (i) third party websites and services; and (ii) our partners and customers.
        2. We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property Rights of, or relating to, any Third Party Content.
        3. You are solely responsible and liable for your interaction with a Third Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Intuition Robotics, and release Intuition Robotics from any and all liability, arising from your use of and interaction on any Third Party Content and from your interaction with any Third Party Source. If you have any query or complaint regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly.
  • Payments.
        1. The License for the App granted hereunder is currently for free, however, we may in the future charge a fee for certain features and/or uses. You will not be charged for any such uses of the App unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the App.
        2. Please be aware that your use of the App may require and utilize internet connection or data access. To the extent that third party service provider or carrier charges for your internet or data usage are applicable, you agree to be solely responsible for those charges.
  • Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the content available on the App is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the content, or any part thereof without the requirement of giving you any notice prior to or after making such changes to the content.
  • Third Party Open Source Software. Portions of the App may include third party open source software that are subject to third party terms and conditions (“Third Party Terms”). A list of links to any third party open source software and related Third Party Terms are attached hereto as Appendix A. If there is a conflict between any Third Party Terms and the terms of this Agreement, then the Third Party Terms shall prevail but solely in connection with the related third party open source software. Notwithstanding anything in this Agreement to the contrary, Intuition Robotics makes no warranty or indemnity hereunder with respect to any third party open source software.
  • Privacy. We will use any personal information that we may collect or obtain in connection with the App in accordance with our privacy policy which is available on the App (“Privacy Policy”), and, to the maximum extent permitted by law, you agree that we may do so. Notwithstanding, you are aware that you are not legally obligated to provide us personal information, and you hereby confirm that using the App and providing us personal information in relation thereto is at your own free will.  Please also be aware that certain personal information and other information provided by you in connection with your use of the App may be stored on your Device (even if we do not collect that information). In addition, please note images sent by you may be stored and displayed on the ElliQ device itself. You are solely responsible for maintaining the security of your Device from unauthorized access.
  • Warranty Disclaimers.
        1. THE APP AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
        2. WE DO NOT WARRANT THAT THE APP OR THE SERVICES WILL OPERATE ERROR-FREE, THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT WE WILL CORRECT ANY ERRORS IN THE APP. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
        3. IF YOU HAVE A DISPUTE WITH ANY OTHER APP USER OR THIRD PARTY, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR OR PARTICIPATE IN ANY SUCH DISPUTE.
        4. MEDICAL AND PSYCHOLOGICAL DISCLAIMER. INTUITION ROBOTICS IS NOT A LICENSED MEDICAL OR PSYCHOLOGICAL CARE PROVIDER AND THE APP AND THE SERVICES ARE NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSE, TREAT OR MANAGE ANY ILLNESS, PSYCHOLOGICAL OR MEDICAL CONDITION. WE DISCLAIM ANY LIABILITY IN THIS REGARD.
        5. INTUITION ROBOTICS IS NOT RESPONSIBLE FOR ANY PERSONAL INJURY OR ANY OTHER DAMAGES THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM ANY USE OR MISUSE OF ANY KIND OF THE APP OR THE SERVICES. WE DISLAIM ANY LIABILITY IN THIS REGARD.
        6. INTUITION ROBOTICS IS NOT AN EMERGENCY SERVICE AND DOES NOT EXEMPT YOU FROM USING EMERGENCY SERVICES WHERE NECESSARY. WE DISLAIM ANY LIABILITY IN THIS REGARD.
        7. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.
  • Limitation of Liability.
        1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL INTUITION ROBOTICS BE LIABLE FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, FOR YOUR USE OR THE CONSEQUENCES OF YOUR USE OF THE APP, OR YOUR INABILITY TO USE THE APP, OR FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE APP EVEN IF INTUITION ROBOTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • Indemnity. You agree to defend, indemnify and hold harmless Intuition Robotics and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the App; (ii) your violation of this Agreement or applicable laws, regulations or obligations; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. Without derogating from or excusing your obligations under this section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.
  • Export Laws. You agree to comply fully with all applicable export laws and regulations to ensure that neither the App nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
  • Updates and Upgrades. We may from time to time provide updates or upgrades to the App (each a “Revision”), but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the App. All references herein to the App shall include Revisions. This Agreement shall govern any Revisions that replace or supplement the original App, unless the Revision is accompanied by a separate license agreement, which will govern the Revision.
  • Term and Termination.
        1. This Agreement is effective until terminated by you or us. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the App; and/or (ii) terminate this Agreement and your use of the App with or without cause, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the App in any way, your only recourse is to immediately discontinue use of the App.
        2. Upon termination of this Agreement, you shall cease all use of the App. This Section ‎20 and Sections, ‎‎8 (Intellectual Property Rights), ‎‎14 (Privacy), ‎‎15 (Warranty Disclaimers), ‎16 (Limitation of Liability), ‎17 (Indemnity), and ‎21 (Assignment) to ‎24 (General) shall survive termination of this Agreement.
  • Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Intuition Robotics without restriction or notification.
  • Modification. We reserve the right to modify this Agreement at any time by sending you an in-App notification and/or publishing the revised Agreement on the App. Such change will be effective ten (10) days following the foregoing notification thereof, and your continued use of the App thereafter means that you accept those changes.
  • Governing Law and Disputes. This Agreement shall be governed by and construed in accordance with the laws of the State of California (US) without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the courts located in Santa Clara (California, US), and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. This Section is not intended to limit your rights under applicable law and/or consumer-protection regulations that under such laws or regulations cannot be limited or excluded.
  • General. This Agreement, and any other legal notices published by us in connection with the App, shall constitute the entire agreement between you and Intuition Robotics concerning the App. In the event of a conflict between this Agreement and any of the foregoing, the terms of this Agreement shall prevail. No amendment to this Agreement will be binding unless in writing and signed by Intuition Robotics. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  • Distributor Requirements and Usage Rules.
  • Apple. If you download the App from the Apple, Inc. (“Apple”) App Store (or in any event if you download an Apple iOS App) then, without derogating from the warranty disclaimers and limitation of liability as set forth in the Agreement:
    1. You acknowledge and agree that:
      1. this Agreement is concluded between Intuition Robotics and you only, and not with Apple, and Intuition Robotics and its licensors, and not Apple, is solely responsible for the App and the content thereof.
      2. your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into this Agreement.
      3. the License granted herein is limited to a non-transferable right to use the App on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS;
      4. Intuition Robotics is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
      5. Intuition Robotics is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Intuition Robotics’ sole responsibility;
      6. Intuition Robotics , and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation, including in connection with the App’s use of HealthKit and HomeKit frameworks;
      7. in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation defense, settlement and discharge of any such intellectual property infringement claim;
      8. Apple, and its subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
    2. You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
    3. If you have any questions, complaints, or claims regarding the App, please contact Intuition Robotics at help@elliq.com.
    4. By entering into this Agreement you, to the extent legally permitted, hereby waive any applicable law requiring that this Agreement be localized to meet your language and other local requirements. To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement that is part of the Apple App Store Terms of Service, at www.apple.com/legal/itunes/us/terms.html#SERVICE (as amended from time to time).

     

    Last updated: June 13, 2019