Last updated: December 1, 2020
PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING ELLIQ.
Intuition Robotics Ltd. together with its affiliates, (“Intuition Robotics”, "we" or "our”) welcomes you to use ElliQ® the digital companion (“ElliQ”), and to use any services provided through ElliQ or through our Support Services (use of ElliQ Solution, and any Support Services, collectively, the “Services”) (all as defined in more detail hereunder).
The purpose of these Terms is to enable you to evaluate and use the ElliQ Solution during the Design Program (“Program”), and provide Intuition Robotics with feedback as a beta customer of Intuition Robotics’ ElliQ Solution.
By registering to and becoming a User of ElliQ (as defined below) and, in any event, by using ElliQ, you expressly acknowledge and agree that you are entering into a legal agreement with Intuition Robotics, and have understood and agree to comply with, and be legally bound by our Terms.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE ELLIQ.
"ElliQ Solution" means Intuition Robotics ElliQ services, which includes the ElliQ Device, the ElliQ interface accessed through the ElliQ tablet, Third Party Services, support services and other related services. The ElliQ Solution is currently under development by Intuition Robotics, in Beta.
"ElliQ Device" means the ElliQ proprietary digital devices comprised of hardware and firmware, made available by Intuition Robotics or on its behalf or by any of its resellers or distributors that enables access to the Services, and which includes the ElliQ tablet.
“Compatible Third-Party Products” means any tangible product that Intuition Robotics does not manufacture or develop, that you can connect to ElliQ and which can interact with or operate using an ElliQ Device, such as a blood pressure measurement device or a glucose meter. Intuition Robotics has no responsibility or liability for such third-party products.
"Software" means all software that we make available to you for use in connection with ElliQ.
"Third Party Service" means any service or application provided by a third party that we make available to you for use on or through ElliQ.
“Support Services” means the general support services that Intuition Robotics makes available to its Users during working hours, to ensure User’s proper use of the ElliQ Solution.
“Beta Period” means the period between the date of installation, in which these Terms enter into effect, until the date of termination in accordance with these Terms.
1.1. ElliQ. The ElliQ Solution provides a digital companion solution for older adults (“Users”), offering wellbeing tips and reminders, responding to questions, personalized physical activities, listening to the news, sports, the weather or music, playing cognitive games, enabling communication with health service providers registered to the Services, and more. As further described below, the Services are not medical or health-related advice or services. Access and use of ElliQ, requires the ElliQ device and may require additional Compatible Third-Party Products, an internet connection via Wi-Fi and electricity.
1.3. Automatic Voice Recognition. ElliQ can automatically recognize the voices of Users over time to improve personalization of certain ElliQ features. ElliQ can call you by name and do more to personalize your experience. If ElliQ recognizes your voice using a third-party skill, that skill may receive a numeric identifier that allows it to distinguish you from other ElliQ Users to better personalize your experience.
1.4. Communication with your Clinic. The ElliQ Solution enables you to communicate with your clinic and/or doctor (“Clinician”) and receive any information you may want us to convey to your clinician, solely on your behalf, such as your drug intake, diagnosis information, treatment information etc.
1.5. No Access to Emergency Services. ElliQ is not a replacement for a traditional two-way telephone or mobile phone service, and does not function as such. You acknowledge that you cannot use the ElliQ Solution to access emergency services, such as 911. The ElliQ Solution is not designed or intended to be used to send or receive emergency communications to any police, fire department, hospital, or any other service that connects a user to a public safety answering point. You should ensure you can contact your relevant emergency services providers through a mobile, landline telephone, or other service.
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.
2. ABILITY TO ACCEPT
2.1. By registering, logging in and, in any event by using ElliQ, you affirm that you are eighteen (18) years of age or older. If you are a child under the age of eighteen (18) (i.e. seventeen years old or less) (“Child”), you cannot register to or use ElliQ. 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.
IMPORTANT: NO MEDICAL ADVICE BY INTUITION ROBOTICS
INTUITION ROBOTICS IS NOT A HEALTH CARE PROVIDER, ELLIQ IS NOT A MEDICAL DEVICE AND WE DO NOT INTEND TO PROVIDE ANY MEDICAL AND/OR MENTAL HEALTH SERVICES. THEREFORE, INTUITION ROBOTICS HAS NO RESPONSIBILITY WHATSOEVER TO ANY MEDICAL INFORMATION PROVIDED OR CONVEYED VIA THE SERVICES, TO ANY MEDICAL DIAGNOSIS INFORMATION, DETERMINATION OR RECOMMENDATION, INCLUDING ANY TREATMENT RECOMMENDATIONS CONVEYED USING THE SERVICES BY ANY USER, INCLUDING BY A CLINICIAN.
INTUITION ROBOTICS DOES NOT IN ANY WAY ENDORSE, RECOMMEND OR ASSUME ANY RESPONSIBILITY FOR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN WHOLLY OR PARTIALLY IN RELIANCE ON THE SERVICE OR ANY INFORMATION CONVEYED VIA THE SERVICE, OR OBTAINED THEREFROM, NOR FOR ANY LOSS, INJURY, INCONVENIENCE, HARM AND/OR DAMAGE INCURRED AS A RESULT OF, OR IN CONNECTION WITH, THE SERVICE OR USE THEREOF.
BY USING THE SERVICE, YOU AGREE THAT INTUITION ROBOTICS IS NOT RESPONSIBLE OR LIABLE TO YOU FOR ANY CLAIM, LOSS, OR DAMAGE ARISING FROM THE SERVICE OR ITS USE BY YOU OR ANY OTHER USER. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICES AND ELLIQ DEVICE IS ENTIRELY AT YOUR OWN RISK.
ELLIQ IS NOT AN EMERGENCY SERVICE, AND, IN THE EVENT OF AN EMERGENCY, WE ENCOURAGE YOU TO CONTACT THE RELEVANT AUTHORITIES.
ELLIQ IS NOT SPONSORED OR ENDORSED IN ANY MANNER BY ANY MEDICAL OR HEALTHCARE CLINICIAN, INSTITUTION OR ANY PHARMACEUTICAL CORPORATION, AND DOES NOT PROVIDE ANY ENDORSEMENT FOR SUCH.
3.1. In order to use ElliQ you will have to create or receive from us, and use, an account (an “Account”). Pursuant to the creation of an Account Intuition Robotics’ representative will install the ElliQ Product at Users’ premises.
3.2. If you create an Account, you must provide accurate and complete information about yourself, and agree to not misrepresent any of the personal information provided for the Account and to keep your Account information accurate and up to date. You may not assign or transfer your rights or delegate your duties under the Account and/or these Terms without the prior written consent of Intuition Robotics.
3.3. You are solely responsible for the activity that occurs in your Account, and through your ElliQ Device, and you must keep your ElliQ Device secure. You must notify us immediately of any unauthorized use of your Account via firstname.lastname@example.org. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with the Terms or from any unauthorized use of your Account or any other breach of security. You may be liable for the losses of Intuition Robotics and/or others due to any such use.
NOTE THAT TERMINATING YOUR ACCOUNT MAY CAUSE THE LOSS AND/OR UNAVAILABILITY OF CONTENT, FEATURES, OR CAPACITY WITH REGARD TO YOUR ACCOUNT. INTUITION ROBOTICS SHALL NOT BE LIABLE IN ANY WAY FOR SUCH UNAVAILABILITY AND/OR LOSS.
4.1. Subject to the terms and conditions of this Agreement, we hereby grant you a personal, free of charge, limited, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license (“License”) to: (i) register to and use the ElliQ Solution through the ElliQ device, with certain applicable Compatible Third-Party Products, that we install at your home, for the purpose of evaluation of the ElliQ Solution pursuant to your acceptance of these Terms; and (ii) access and use ElliQ solely in accordance with these Terms and any applicable usage rules delivered to you by Intuition Robotics.
5. USER REPRESENTATIONS AND UNDERTAKINGS
5.1. Your use of the Service (or any part thereof) is dependent on the fact that you hereby represent and warrant that:
You possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Service in accordance with these Terms, and to fully perform your obligations hereunder all on behalf of yourself.
You possess the knowledge and judgment necessary to decide whether to use the Service or otherwise rely on any information available therein;
You acknowledge and agree that your use of the Services shall be considered as approval for Intuition Robotics of your medical condition, and that you can execute the exercises displayed to you through ElliQ. You acknowledge and agree that Intuition Robotics shall not be liable for any damages or bodily injury that may result from the performance of the exercises that are or may be later on included as part of the ElliQ Solution.
You will obtain appropriate health-care advice (including medical advice) to protect your interests and health before relying on any Medical Information provided through your use of the Services or ElliQ device. You acknowledge that there is no professional relationship (including any doctor-patient or advisor-advisee relationship) between you and Intuition Robotics, and that you may not solely or fundamentally rely on any information, Content or any features you find on or through the Service;
The execution of the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject, and that you are responsible for complying with applicable laws regarding your use of the Service; and
You will not infringe or violate any of the Terms.
You may request ElliQ to communicate certain Medical and Personal Information to and from their Clinician, on your behalf, whether such information is obtained through any Compatible Third-Party Products or communicated directly from their Clinician (“External Medical Information”). You understand that the accuracy and completeness of Medical and Personal Information may be critical for any decision or diagnosis made using such Information. You are solely responsible for the External Medical Information you actively share with ElliQ or otherwise request to be communicated to you by your Clinician and you are aware that ElliQ is not checking or monitoring such External Medical Information, including its accuracy and/or completeness and that such accuracy and/or completeness is not guaranteed, and may vary according to its source and measurement techniques.
You agree to evaluate the ElliQ Solution, and upon request to provide Intuition Robotics with written or verbal feedback on the ElliQ Solution performance, including ideas for improvement, which shall belong to IR.
You agree to return ElliQ upon Intuition Robotics’ request.
6. LICENSE RESTRICTIONS
6.1. There are certain conducts which are strictly prohibited in our Services. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein may result (at Intuition Robotics’ sole discretion) in the termination of your access to the Services and may also expose you to civil and/or criminal liability.
6.2. You may not, whether by yourself or anyone on your behalf: (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Services or any of the Intuition Robotics information and resources about the Services, Intuition Robotics’ systems and technology and any other content related thereto (including contact information, videos, text, logos, button icons, images, data compilations, links, other specialized content, documentation, data, related graphics, intellectual property and other features (collectively, the “Content”), in any way or publicly display, perform, or distribute them; (ii) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; (iii) transmit or otherwise make available in connection with our Services any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (iv) interfere with or disrupt the operation of our Services, or the servers or networks that host our Services, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (v) sell, license, or exploit for any commercial purposes any use of or access to the Content of our Services; (vi) to transfer and/or assign the User’s Account’s password, even temporary, for third party; (vii) use our Services for any illegal, immoral or unauthorized purpose; (viii) use the Services including without limitation the Intuition Robotics Device’s camera to upload any information not reasonably required for the proper communication with ElliQ, without limitation; (ix) Communicate to Intuition Robotics any information, imagery and other content which is proprietary information of any third party who is, inter alia, harassing, offensive, indecent, pornographic, illegal, abusive or vulgar; or (x) use our Services, the and/or the Content for non-personal or commercial purposes without Intuition Robotics' express prior written consent or pursuant to an express written agreement.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. Ownership. ElliQ is licensed and not sold to you under These Terms And you acknowledge that Intuition Robotics and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to the ElliQ Solution (and its related hardware and software). We reserve all rights not expressly granted herein to the ElliQ Solution. “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.
7.2. Content. The: content on ElliQ., including without limitation, the text, information, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (the “Materials”), and the trademarks, service marks and logos contained therein (“Marks”, and together with the Materials, 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 ElliQ Devices are the trademarks, service marks, or logos of their respective owners.
7.3. Use of Content. The Content on ElliQ. 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.
7.4. Functionality; Content. ElliQ is in Beta, and we do not guarantee that ElliQ or its functionality or content (including news, weather or health information) is accurate, reliable, always available, or complete. You may encounter content through ElliQ that you find offensive, indecent, or objectionable. Intuition Robotics has no responsibility or liability for such content.
8. Third Party Services.
If you use a Third-Party Service, we may exchange related information with that service, such as your ZIP code when you ask for the weather, your custom music stations, information about your Compatible Third-Party Products, or the content of your requests. Your use of any Third-Party Service is subject to These Terms and any third-party terms applicable to such Third-Party Service. Certain of these third-party terms can be found in the Legal Notices section of your ElliQ Interface, or may be linked from your ElliQ Interface, and may be updated from time to time. If you do not accept the third-party terms applicable to a Third-Party Service, do not use that Third-Party Service. When using a Third-Party Service, you are responsible for any information you provide to the third party. Intuition Robotics has no responsibility or liability for Third Party Services. Publishers of Third-Party Services may change or discontinue the functionality or features of their Third-Party Service.
9. Third Party Open Source Software.
Portions of ElliQ may include third party open source software that are subject to third party terms and conditions (“Third Party Terms”). 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 These Terms To the contrary, Intuition Robotics makes no warranty or indemnity hereunder with respect to any third-party open source software.
11. Warranty Disclaimers.
11.1. THE ELLIQ SOLUTION 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.
11.2. WE DO NOT WARRANT THAT ELLIQ OR THE SERVICES WILL OPERATE ERROR-FREE, THAT ELLIQ IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT WE WILL CORRECT ANY ERRORS IN ELLIQ. 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.
11.3. IF YOU HAVE A DISPUTE WITH ANY OTHER ELLIQ 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.
11.4. MEDICAL AND MENTAL DISCLAIMER. INTUITION ROBOTICS IS NOT A LICENSED MEDICAL OR MENTAL CARE PROVIDER AND ELLIQ AND THE SERVICES ARE NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSE, TREAT OR MANAGE ANY ILLNESS, MENTAL OR MEDICAL CONDITION. WE DISCLAIM ANY LIABILITY IN THIS REGARD.
11.5. 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 ELLIQ OR THE SERVICES. WE DISCLAIM ANY LIABILITY IN THIS REGARD.
11.6. INTUITION ROBOTICS IS NOT AN EMERGENCY SERVICE AND/OR LIFE SAVING DEVICE AND DOES NOT EXEMPT YOU FROM USING EMERGENCY SERVICES WHERE NECESSARY. WE DISCLAIM ANY LIABILITY IN THIS REGARD.
11.7. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.
12. Limitation of Liability.
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 ELLIQ., OR YOUR INABILITY TO USE ELLIQ., 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, ELLIQ EVEN IF INTUITION ROBOTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. 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, ElliQ.; (ii) your violation of These Terms 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.
14. Export Laws. You agree to comply fully with all Applicable export laws and regulations to ensure that neither ElliQ 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.
15. Updates and Upgrades. We may from time to time provide updates or upgrades to ElliQ (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 ElliQ All references herein to ElliQ shall include Revisions. These Terms shall govern any Revisions that replace or supplement the original ElliQ, unless the Revision is accompanied by a separate license agreement, which will govern the Revision.
16. Term and Termination.
16.1. These Terms are effective during the Beta Period until terminated by you or us. We reserve the right, at any time, to: (i) discontinue or modify any aspect of ElliQ.; and/or (ii) terminate These Terms And your use of ElliQ, with or without cause, and we shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of these Terms or any subsequent modifications thereto, or become dissatisfied with Intuition Robotics, in any way, your only recourse is to immediately discontinue use of ElliQ.
16.2. Upon termination of this Agreement, you shall cease all use of ElliQ, and Intuition Robotics’ will provide you with prepaid shipping return services for the ElliQ Product. This Section 15 and Sections, 7 (Intellectual Property Rights), 10 (Privacy), 11 (Warranty Disclaimers), 12 (Limitation of Liability), 13 (Indemnity), and 17 (Assignment) to 21 (General) shall survive termination of this Agreement.
17. 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.
18. Modification. We may change, suspend, or discontinue ElliQ, or any part of it, at any time without notice. We reserve the right to modify these Terms at any time by sending you an in-ElliQ notification and/or publishing the revised Agreement on ElliQ. Such change will be effective ten (10) days following the foregoing notification thereof, and your continued use of ElliQ thereafter means that you accept those changes.
19. Governing Law and Disputes. These Terms shall be governed by and construed in accordance with the laws of the State of California (US) without regard to its conflict of laws or 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.
20. General. This Agreement, and any other legal notices published by us in connection with ElliQ, shall constitute the entire agreement between you and Intuition Robotics concerning ElliQ. In the event of a conflict between These Terms and any of the foregoing, the terms of These Terms shall prevail. No amendment to These Terms will be binding unless in writing and signed by Intuition Robotics. If any provision of These Terms 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 These Terms 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 These Terms shall not constitute a waiver of such right or provision.