Legal
Cookies Policy
Cookies and Similar Tracking Technologies Policy
This cookies and similar technologies policy provides you with general information about cookies and similar technologies (collectively, “Tracking Technologies”) as well as how and for what purposes Everysight Ltd. (“we”, “our” or “us”) use such Tracking Technologies on our website, landing pages and other online assets (collectively: the “Site”).
Please take the time to read this policy, which complements our general privacy policy. If you have questions or comments, you are welcome to contact us at: privacy@everysight.com.
Index
- What Are ‘Cookies’?
- For What Purposes are Cookies Being Used?
- What are ‘Session’ and ‘Persistent’ Cookies?
- What are ‘First-party’ and ‘Third-party’ Cookies?
- What are ‘Similar Technologies’?
- How do we Use Tracking Technologies and for What Purposes?
- Does Everysight Need to Obtain my Consent for Using Tracking Technologies?
- Can I Manage my Tracking Technologies Preferences?
- Will Everysight Change this Policy?
- Appendix A: Tracking Technologies Table
What Are ‘Cookies’?
Cookies are small files with pieces of information, normally consisting of just letters and numbers, which websites use when users visit them.
Software on the users’ devices (for example, a web browser) can store cookies and send them back to the website the next time they visit, to make a specific function of the website work and to provide information about the user’s activities on the website.
For What Purposes are Cookies Being Used?
Cookies are used in numerous ways. For example, when analyzing traffic to a website or tracking users' browsing behavior.
Cookies are widely used as they allow a website to recognize a user’s device. Tracking Technologies help websites to remember the visitors and their activities, for example, the user’s language preferences.
What are ‘Session’ and ‘Persistent’ Cookies?
“Session Cookies” are removed from user’s device once they close their browser session.
“Persistent Cookies” last for longer periods on your device - after users close their browser session.
Users can delete previously set persistent cookies manually or configure the browser settings to delete cookies, as further described below.
What are ‘First-party’ and ‘Third-party’ Cookies?
First-party cookies are set directly by the website that the users are visiting.
Third-party cookies are set by a domain other than the one the users are visiting. For the purpose of this policy, these are cookies that are set by our service providers, such as Google Analytics.
What are ‘Similar Technologies’?
Functions usually performed by a cookie can be achieved by other means. This could include, for example, using certain characteristics to identify devices so that visits to a website can be analyzed.
Any technology that stores or accesses information on your device is relevant for this purpose, and therefore it includes, for example, HTML5 local storage, Local Shared Objects and fingerprinting techniques.
Additionally, technologies like use of log files, scripts, tracking pixels and plugins, wherever these are used – are also considered as similar technologies.
How do we Use Tracking Technologies and for What Purposes?
We use both Session Cookies and Persistent Cookies as part of your experience on the Site so that we can facilitate the use of the Site’s features and tools, keep track of your preferences, improve your experience with our Site, for web analytics and for marketing purposes.
Some cookies are strictly essential for the operation of the Site while other cookies help to improve our services and marketing activities. The same rule goes for all Tracking Technologies that we use.
When a Tracking Technology contains personal data, then our general privacy policy applies as well.
Does Everysight Need to Obtain my Consent for Using Tracking Technologies?
Yes, however only with respect to the Tracking Technologies that are not strictly essential for the operation of the Site.
If you do not agree to accept our cookies or other Tracking Technologies that are not strictly essential for the operation of the Site, you can manage your tracking technologies preferences as described below.
Can I Manage my Tracking Technologies Preferences?
Yes, through the Site’s cookie management tool.
In addition, every browser allows you to manage your Tracking Technologies preferences, usually found in the "Help" or “Settings” sections of the web browser.
Here are some links to some commonly used web browsers: (a) Google Chrome; (b) Microsoft Edge; (c) Mozilla Firefox; (d) Microsoft Internet Explorer; (e) Opera; (f) Apple Safari.
To find out more about cookies, including how to see what cookies have been set, you can visit the following websites: www.aboutcookies.org and www.allaboutcookies.org.
Will Everysight Change this Policy?
We will update this policy, where needed. Every time we will change this policy we will post a notice on the Site, and obtain your consent once again, where required under applicable laws.
Last updated: April 19, 2023
Privacy Policy
Last Updated: July 2023
We, at Everysight Ltd. (“we”, “us”, or “ours”), put great efforts in making sure that we secure personal information related to you and use it properly.
This policy explains our privacy practices for processing personal information related to you, when you use the Everysight smartglasses (“Device”), the companion applications provided by us (“App”), the www.everysight.com and if applicable, other domain names and sub-domains (collectively, “Sites”), the development kit and development portal (“Dev Kit”), and if any our data tracking, collection and management services or when you engage with us through other registration or contact channels (collectively with the Device, App, Sites and Dev Kit: “Services”).
The term “personal information” refers to information that identifies an individual or relates to an identifiable individual. For example, personal information is your name, email address, telephone number, and other contact details which you submit to us or that we collect.
We process personal information related to you subject to the terms of this policy. This policy does not apply to any third-party websites, services or applications, even if they are accessible through our Services.
This policy is an integral part of our terms of service, available at: https://www.everysight.com/policies/ters-of-service or, if applicable, of any other Services subscription agreement entered into between you (or the entity that you are acting on its behalf) and us (“Terms of Service”). Unless we define a term in this policy, all capitalized terms used in this policy have the same meanings as in our Terms of Service.
The summary of this policy will give you a quick and clear view of our practices. Please take the time to read our full policy.
A Summary of the Policy
The Personal Information Related to You that You Provide Us – We receive and store any information you enter on our Sites or give us in any other way. If you create an account, when you use the Services or Device or App, when you interact with us or when you purchase a product or Services from us using the online store. Such information includes personal information related to you, for example: name, company name, email address, password, your payment details and additional personal information related to you that you provide when you contact us.
The Personal Information Related to You that We Collect – We collect, including by using third parties' web analytics and session replay services, usage information about the time, type and manner of use of the Services.
The Personal Information Related to You that You Upload – You can upload content with personal information related to you and to others. Please use caution and do not upload personal information related to others without their appropriate consent.
What Do We Do with Personal Information Related to You? – We provide and maintain the Services, make it better, continue developing it and protect us, our customers and the Services from misuse and law violations.
Sharing Information with Others – We use service providers, for example, to process payments, provide support and send email messages. We will transfer information when we change our corporate structure, and we will share the information with our affiliated entities.
Disclosure of Information to Authorities – We will obey orders and other lawful requirements by authorities to disclose information.
Aggregated and Analytical Information – Aggregated data is not identifiable. We use it for legitimate business purposes. Read more.
Your Choice – We will give you choices about the ways we use and share personal information related to you, and we will respect the choices you make. At any time, you can unsubscribe our mailing lists or newsletters, by either clicking the ‘unsubscribe’ link within the emails you receive from us or by contacting us. Our Services do not currently respond to Do Not Track (DNT) signals.
Accessing Personal Information Related to You - At any time you can request access to personal information related to you that we keep.
Specific Provisions for U.S. Residents – If you reside in the United States, further terms apply to our processing in relation to your rights as a data subject under United States laws that govern the protection of privacy and personal information.
Specific Provisions for EU Residents – If EU data protection laws apply to the processing the processing of personal information related to you by us, then further terms apply.
Data retention – We retain data to provide the Services and for legitimate and lawful purposes, as further explained in the data retention section.
Transfer of Data Outside your Territory – The Services are cloud-based Services. We store and process information in various territories at our clients’ discretion and we will store them at additional sites, at our discretion. These service providers provide us adequate security and confidentiality commitments.
Cookies and Other Tracking Technologies – Our Services use cookies to help and give you the best experience, for advertising, and to help us improve our Services’ offering.
Information Security – We implement systems, applications and procedures to secure personal information related to you, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information.
Changes to this Policy – We will update our policy from time to time after giving proper notice.
Contact Us – Please contact our privacy team at: privacy@everysight.com for further information.
Everysight Privacy Policy
1. The Personal Information Related to You that You Provide
We receive and store any information you enter on our Sites or give us in any other way.
You provide with us information when you register to the Services through our Sites at: www.everysight.com, when you create an account, when you use the Device or App, when you interact with us or when you purchase a product or Services from us using the online store. Such information includes personal information related to you, for example: name, company name, email address, postal address, and phone number.
You may also provide us your gender, date of birth, and other information that is not considered personal information.
As a paying user of the Services, we will receive limited transaction details (for example, your name, the amount paid and the date of payment), from the payment service provider that processed your payment. Your payment details (such as credit card number) will be provided by you directly to the payment service provider for the purpose of processing your payment and will not be available to us.
When you contact us, or when we contact you, we will receive and process any personal information that you choose to provide us. At your sole discretion, you may choose to provide us with information regarding your use of the Device and App when you contact us.
We will combine personal information related to you which we collect through various sources (including through the Services).
2. The Personal Information Related to You That We Collect
We will collect, including by using third parties' web analytics and session replay services, usage information about the time, type and manner of your use of the Services. This information may include, for example: information regarding the Internet Protocol (IP) address and Geo-IP parameters, your activity events, non-personal usage statistics (e.g., time of usages, number of clicks on each link, etc.), crash reports, diagnostic logs, information regarding your browsing history and web activities, and other information regarding the use of the Services.
When you use the App it might record and collect information as received from the Device, and subject to your permission from your mobile regarding your use of the Device and App.
Like many websites, we use automated data collection tools such as “cookies”, clear gifs and/or similar technologies. For further information, please see the ‘Cookies and Other Tracking Technologies’ section of this policy.
3. The Personal Information Related to You That You Upload
The content you share or import to the Services, from third-party devices and services, for example from Facebook (“Data Source”), including any data, text, graphic, audio and audio-visual files, can include personal information. Such content that you import will be stored by us to make such third-party data available to you through the Services.
Please use caution when sharing such content and avoid any involuntary disclosure of personal information related to you, or disclosure of’ personal information related to others without their consent.
Any information you import into the Services from a Data Source will be accessible by that Data Source. You acknowledge that our Terms of Service and this policy do not apply to any Data Sources. You are responsible for reading and understanding any terms and conditions and privacy policy that apply to your interaction with each Data Source and acknowledge sole responsibility for and assume all risk arising from your interactions with your Data Sources.
4. What Do We Do with Personal Information Related to You?
We use the personal information we collect and receive for the following purposes:
to provide you and others with the Services.
To enable the Services’ tools and features.
To enhance users’ experience with the Services.
to study and analyse the functionality of the Services and users’ activities.
to maintain the safety and security of the Services, to protect users’ health, and for training, administrative and legal purposes.
to analyse your use of the Services and to match such information with other information, for statistical and market analysis purposes.
for advertising and marketing purposes.
to provide support, customer care and to help us in any future dealings with you, for example by identifying your requirements and preferences.
to provide automatic updates of new versions of the Services.
where required by law or in connection with legal proceeding or disputes; and,
to maintain, test, research, and continue developing the Services.
We will use your email address to contact you, when necessary, to send you reminders and to provide you with information and notices about the Services. We will include commercial and marketing information about our Services in such communications.
We obey the law and expect you to do the same. If necessary, we will use personal information related to you to enforce our terms, policies and legal agreements, to comply with court orders and warrants, and assist law enforcement agencies, to collect debts, prevent fraud, misappropriation, infringements, identity thefts and any other misuse of the Service, and to take any action in any legal dispute and proceeding.
5. Sharing Personal Information with Others
5.1. Information We Share with Our Service Providers.
We do not sell, rent or lease personal information related to you. We will share personal information related to you with service providers and other third parties, if necessary to fulfill the purposes for collecting the information. Any such third party will be contractually bound to keep personal information related to you confidential and appropriately secure.
For example, we will use a service provider to manage our email messages transmission. We will also share necessary details with our ticketing service providers, and use a session replay service, to support and enhance your experience with the Services.
5.2. Information We Share at Your Request.
You can choose to download, copy and distribute data through the Services. You acknowledge sole responsibility for and assume all risk arising from your download, copy and distribution of such information. We will not be responsible for any consequences of any use or disclosure of personal information related to you by you or any third parties to whom you provide personal information.
If personal information related to you or other information you share through the Services contains information about other individuals (such as your family or friends), including personal information (such as names or photos), please ensure that you have the consent of those individuals before you share personal information related to them or provide it to us.
5.3. Information We Share with Our Affiliates.
We will also share personal information related to you with our affiliates. These mean companies within the Everysight group and include subsidiaries, sister-companies and parent companies, with the express provision that their use of personal information related to you will comply with this policy.
5.4. Information We Disclose for Protection.
We will report any content that you upload and share such personal information, if we believe, in our sole discretion that such content is unethical, illegal or abusive or may violate any third-party rights;
5.5. Information We Disclose in Connection with a Structural Change
Additionally, a merger, acquisition or any other structural change will require us to transfer personal information related to you to another entity, as part of the structural change, provided that the receiving entity will comply with this policy.
6. Disclosure of Information to Authorities
We will need to disclose personal information related to you, as we believe to be necessary or appropriate for the following purposes:
if required under applicable law, including laws outside your country of residence.
to comply with legal process.
in response to lawful requests by public authorities, including to meet national security or law enforcement requirements, or if such disclosure is required in order to respond to claims, legal process (including subpoenas).
to enforce our terms and conditions.
to protect our property, rights privacy, safety, interests or safety, or that of our affiliates, you or others.
to protect our operations or those of any of our Affiliates.
if we are involved in any discussions related to our corporate reorganization that require such disclosure ; and,
to allow us to pursue available remedies or limit the damages that we may sustain.
We will share personal information related to you only subject to the terms of this policy, or subject to your prior consent.
7. Aggregated and Analytical Information
We use standard analytics tools. The privacy practices of these tools are subject to their own privacy policies, and they use their own cookies to provide their service (for further information about cookies, please see the 'Cookies' section in this policy).
Google. We use Google Analytics, a service provided by Google, Inc. (“Google”), that we use to gather information about how Users and Visitors engage with our Services. We also use Google Analytics for demographics and interest reporting. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout. For further information about the Google Analytics privacy practices, please read their privacy policy at: http://www.google.com/analytics/learn/privacy.html.
Facebook. We use certain tools offered by Facebook, Inc. (“Facebook”), that enable it to collect or receive information about actions Visitors take on (a) our Sites and elsewhere on the internet through use of cookies, web beacons and other storage technologies; or (b) our App and other mobile applications, in order to provide measurement services, targeted ads and other services. For more information regarding the collection and use of such information by Facebook, please see the Facebook data policy.
Opt-out of Ad Tracking. You can opt out of the collection and use of information for ad targeting by going to http://www.aboutads.info/choices or http://www.youronlinechoices.eu/ to limit collection through the Sites or by configuring the settings on your mobile device to limit add tracking.
We will also de-identify information related to you, so it may not be used to identify you we will use, shared and transfer such anonymous, statistical or aggregated information for legitimate business purposes. It has no effect on your privacy, because there is no reasonable way to extract data from such information that we or others can associate specifically to you.
8. Your Choice
We will give you choices about the ways we use and share personal information related to you, and we will respect the choices you make. At any time, you can unsubscribe our mailing lists or newsletters, by either clicking the ‘unsubscribe’ link within the emails you receive from us or by contacting us.
We collect and receive personal information related to you that we need for the purposes described in this policy. At any time, you can stop using the Services. Termination is subject to Terms of Service.
At any time, you can exercise your following rights options:
you can object to the disclosure of personal information related to you to a third party, other than to third parties who act as our agents to perform tasks on our behalf and under our instructions.
you can object to the use of personal information related to you for a purpose that is materially different from the purposes for which we originally collected such information, pursuant to this policy, or you subsequently authorized such use. You can exercise your choice by contacting us.
You can request that your account be terminated, and that personal information related to you be deleted by contacting us. Any termination of your account will involve deletion of your account information from our live databases and all the information and data stored for such account in the Services.
you may request a copy of the personal information that we store about you by contacting us.
When we delete personal information related to you that we have collected from or about you, it will be deleted from our active databases, but we will keep a reasonable number of copies in our archives. Although we will deactivate your account, we will continue to retain the personal information related to you for legitimate business purposes as set forth above.
We request and collect personal information that we need for the purposes that we describe in this policy. Following the termination or expiration of the Services, we will stop collecting any personal information from or about you. However, we will store and continue using or making available personal information related to you according to our data retention section in this policy.
Some web browsers offer a “Do Not Track” (“DNT”) signal to indicate your preference for tracking your activities on the Services or through cross-site online activities. These features are varied with no uniform or common standard adopted yet by industry groups or regulators. Therefore, our Services do not currently respond to DNT signals. We continue to monitor developments around DNT technology and the implementation of a standard.
If you wish to exercise any of your rights in relation to personal data related to you, including exercising your choices or opt-out rights, please send us an email to: privacy@everysight.com.
9. Accessing Personal Information Related to You
If you find that the information on your account is not accurate, complete or up-to-date, please provide us the necessary information to correct it.
At any time, you can contact us at: privacy@everysight.com and request to access the personal information related to you that we keep. We will ask you to provide us certain credentials to make sure that you are who you claim to be and will make good-faith efforts to locate personal information related to you that you request to access.
Under your right of access, you can obtain confirmation from us of whether we are processing personal information related to you, receive a copy of that data, so that you could:
verify its accuracy and the lawfulness of its processing.
request the correction, amendment or deletion of personal information related to you if it is inaccurate or if you believe that the processing of personal information related to you is in violation of applicable law.
We will use judgement and due care to redact from the data which we will make available to you, personal information related to others.
10. Specific Provisions for U.S. Residents
This section applies solely to all users and others who reside within the United States of America (U.S.). We adopted this section to comply with U.S. state privacy laws (“U.S. Privacy Laws”), and any terms defined under U.S. state privacy laws will have the same meaning when used in this section. This chapter supersedes any contradicting provisions under the other sections of this policy.
We have collected the personal information related to you which is described above under the sections 1-2 of this policy. Such information consists of the following categories:
Identifiers and personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with the Sites.
Commercial information, including products or Services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Geolocation data, namely your physical location or movements.
Inferences drawn from any of the above-mentioned information.
We obtain the categories of personal information related to you listed above from the following categories of sources:
Directly and indirectly from you and your activity on the Sites.
Third parties such as reliable service providers.
We use the personal information related to you that we collect or receive for the purposes mentioned under section 4 of this policy.
We disclose personal information related to you to third parties for business purposes as described above under sections 5-6.
Selling and Sharing Personal Information
We do not sell or share personal information. However, we engage third parties to provide us with services such as analytics, marketing automation and user experience and allow them to collect personal information on our Sites and Services.
We do not knowingly sell or share personal information of consumers who are under 16 years of age.
The categories of personal information collected by these third-parties in the preceding 12 months include identifiers, online activities and inferences drawn from such activities.
These third-parties do not pay us for collecting such information, but the right granted to them to collect personal information may be considered as disclosure for the purpose of sale or sharing for cross-context behavioral advertising. At any time, you can opt-out of the collection of personal information by our service providers by contacting us.
Your rights as a U.S. Resident
In addition to your rights under other sections under this policy, if you are a resident of the U.S., you are also entitled to the following specific rights under U.S. Privacy Laws, regarding personal information related to you:
Access to specific personal information and data portability rights – you have the right to request that we disclose certain information to you about our collection and use of personal information related to you over the past 12 months. Upon verification of your request, we will disclose to you:
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting that personal information.
The categories of personal information that we disclosed for a business purpose, and the categories of third parties with whom we disclosed that particular category of personal information.
The specific pieces of personal information that we collected about you.
If we disclosed personal information related to you for a business purpose, we will provide you with a list which will identify the personal information categories that each category of recipient obtained.
The categories of personal information we collected about you.
Deletion rights – you have the right to request that we delete any portion of personal information related to you. Upon confirmation of your request, we will delete such personal information related to you from our records, unless an exception under U.S. Privacy Laws applies.
Non-discrimination – you also have the right not to be discriminated against for exercising your rights under the CPRA.
Exercising Your Rights
To exercise the rights described above, please submit your request to us by sending an email message to: privacy@everysight.com. Only you or a person authorized to act on your behalf, may make a request related to personal information related to you. A request for access can be made by you only twice within a 12-month period.
The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with the requested personal information if we cannot verify your identity or authority to make the request and confirm the personal information related to you. We will only use the personal information provided in your request to verify your identity or authority to make the request.
We will do our best to respond to your request within 30 days of its receipt. If we require more time (up to additional 30 days), we will inform you of the reason and extension period in writing. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will inform you of the reasons for such decision and provide you with a cost estimate before completing your request.
We will not require that you create an account in order to exercise your rights under this policy and we will not increase the cost, or decrease the availability, of our Services based solely on the fact that you have chosen to exercise one of your rights under U.S. Privacy Laws.
After receiving our reply, you may appeal our decision by contacting us. We will review your appeal and provide you with our answer and our explanation of the reasons for our decision(s) within 60 days of receiving it. We will also provide you with a link (to the extent available) where you may submit a complaint with the relevant Attorney General.
11. Specific Provisions for EU Residents
If EU data protection laws apply to the processing of personal information related to you by us, then the following terms apply:
Personal information as used under this chapter will also include “personal data”, as such term is defined under EU data protection laws.
We process personal information related to you for the following lawful grounds:
All processing of personal information related to you which are not based on the lawful grounds indicated below, are based on your consent.
We process your account and payment details to perform the contract with you.
We will process personal information related to you to comply with a legal obligation and to protect your and others' vital interests.
We will further rely on our legitimate interests, which we have good-faith belief that they are not overridden by your fundamental rights and freedoms, for the following purposes:
Communications with you, including direct marketing where you are our client or a user of our client, or where you contact us through our Sites and/or other digital assets.
Cyber security.
Support, customer relations, service operations.
Enhancements and improvements to yours and other users' experience with our Services.
Fraud detection and misuse of the Services.
In addition to your rights under other sections in this policy, you have the following rights:
AT AMY TIME, CONTACT US IF YOU WANT TO WITHDRAW YOUR CONSENT TO THE PROCESSING OF PERSONAL INFORMATION RELATED TO YOU. PLEASE NOTE HOWEVER, THAT EXERCISING THIS RIGHT WILL NOT AFFECT THE LAWFULNESS OF PROCESSING BASED ON CONSENT BEFORE ITS WITHDRAWAL.
Request to delete or restrict access to personal information related to you. We will review your request and use our judgment, pursuant to the provisions of the applicable law, to reach a decision about your request.
If you exercise one (or more) of the above-mentioned rights, in accordance with the provisions of applicable law, you may request to be informed that third parties that hold personal information related to you, in accordance with this policy, will act accordingly.
You may ask to transfer personal information related to you in accordance with your right to data portability.
You may object to the processing of personal information related to you for direct marketing purposes. Additional information about this right is available under the Choice section in this policy.
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affecting you.
You have a right to lodge a complaint with a data protection supervisory authority of your habitual residence, place of work or of an alleged infringement of the General Data Protection Regulation (EU) 2016/679 (“GDPR”).
A summary and further details about your rights under EU data protection laws, is available on the EU Commission's website at: https://ec.europa.eu/info/law/law-topic/data-protection/reform/rights-citizens_en.
Note that when you send us a request to exercise your rights, we will need to reasonably authenticate your identity and location. We will ask you to provide us credentials to make sure that you are who you claim to be and will ask you further questions to understand the nature and scope of your request.
If we need to delete personal information related to you following your request, it will take some time until we completely delete residual copies of personal information related to you from our active servers and from our backup systems.
Please note, however, that if we delete certain personal information related to you or if you object to the processing of personal information related to you, you may not be able to access all portions or features of the Services.
If you have any concerns about the way we process personal information related to you, you are welcome to contact our privacy team at: privacy@everysight.com. We will investigate your inquiry and make good-faith efforts to respond promptly.
EU Representative
If you are located in the EEA, please note that we have authorized the following party as our designated representative:
Our EU-GDPR representative according to Art. 27 of the GDPR is Rickert Rechtsanwaltsgesellschaft mbH, at Colmantstraße 15, 53225 Bonn, Germany and may be reached at art-27-rep-everysight@rickert.law.
12. Data Retention
We retain different types of personal information for different periods, depending on the purposes for processing the information, our legitimate business purposes as well as pursuant to legal requirements under the applicable law.
For example, we will need to keep limited information about the payment transactions that you made for several years due to tax related requirements, for accounts settling, record keeping, archiving and legal issues.
We will maintain your contact details, to help us stay in contact with you. At any time before or after the termination of your account, you can contact our privacy team at: privacy@everysight.com and request to delete your contact details. Note that we may keep your details without using them unless necessary, and for the necessary period, for legal matters.
We will keep aggregated non-identifiable information without limitation, and to the extent reasonable we will delete or de-identify potentially identifiable information, when we no longer need to process the information.
In any case, as long as you use the Services, we will keep information about you, unless the law requires us to delete it, or if we decide to remove it at our discretion, according to the terms of this policy.
13. Transfer of Data Outside Your Territory
The Services are web-based Services. We store and process information in, Israel, the US and the EU. From time to time, we will make operational decisions which will have an impact on the sites in which we maintain personal information. We make sure that our data hosting service providers, provide us with adequate confidentiality and security commitments.
If you are a resident in a jurisdiction where transfer of personal information related to you to another jurisdiction requires your consent, then you provide us your express and unambiguous consent to such transfer. You can contact our privacy team at: privacy@everysight.com for further information about data transfer.
If you are located in the European Economic Area (EEA), note that we will transfer personal information related to you to other jurisdictions, which are not deemed to provide an adequate level of data protection. In such case, we will use appropriate safeguards, in particular, by way of entering into the European Union (EU) Standard Contractual Clauses as amended from time to time with the relevant recipients, or by adhering to equivalent data transfer regulations to protect the security and confidentiality of such personal information. You can obtain a copy of the suitable safeguards that we use when transferring personal information as described above or receive further information about data transfer by contacting us at: privacy@everysight.com.
We make sure that our third-party service providers provide us with adequate confidentiality and security commitments and we will take all steps reasonably necessary to ensure that personal information related to you is treated securely and in accordance with this policy.
14.. Cookies and Other Tracking Technologies
Our Services use cookies to help and give you the best experience, for advertising, and to help us improve our Services’ offering. For more information, please see our Cookie Policy.
15. Information Security
We and our hosting services implement systems, applications and procedures to secure personal information related to you, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information.
These measures provide sound industry standard security. However, please understand that no security system is impenetrable, and although we make efforts to protect your privacy, we cannot guarantee that the Services will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.
16. Changes to this Policy
From time to time, we will update this policy.
If the updates have minor (if any), consequences, they will take effect 10 days after we post a notice on the Sites. Substantial changes will be effective 30 days after our we initially posted the notice.
Until the new policy takes effect, if it materially reduces the protection of your privacy right under the then-existing policy you can choose not to accept it and terminate your use of the Services. Continuing to use the Services after the new policy takes effect means that you agree to the new policy. Note that if we need to adapt the policy to legal requirements, the new policy will become effective immediately or as required by law.
17. Contact Us
Please contact our Privacy Team at: privacy@everysight.com for further information.
Terms of Service
Last Updated: October 2023
Welcome to the internet site of Everysight, Ltd. and its subsidiary Everysight US Inc. ("Everysight"). Everysight offers smart-glasses that are optimized for displaying information to you while you are on the go. Our services consist of the Everysight smart-glasses (the “Device”), the companion mobile applications provided by Everysight (the “App”), the www.everysight.com and if applicable, other domain names and sub-domains (collectively, the “Sites”), the development kit and development portal (“Dev Kit”), and if any, our data tracking, collection and management services or when you engage with us through other registration or contact channels. To make these Terms easier to read, the services that we provide to you in relation to the Device, the App, the Software (defined below), the Sites, the Dev Kit and our services are collectively called the “Services.”
Please read these Terms of Service (the “Terms”) and our Privacy Policy https://www.everysight.com/policies/privacy-policy carefully because they govern your use of the Services. Certain features and services of the Services or certain content may be subject to additional terms and conditions, policies or agreements (such as agreement governing your purchase and use of any of Everysight's product), which are available on the Sites and are hereby incorporated into and form part of these Terms.
Please note that special terms might apply to some services or features offered on certain Sites and such special terms are posted in connection with the applicable service or feature. Any such terms are in addition to these Terms, and in the event of a conflict, shall prevail over these Terms.
IMPORTANT: WHEN YOU AGREE TO THESE TERMS, YOU AGREE TO RESOLVE YOUR DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, UNLESS YOU OPT-OUT OF ARBITRATION WITHIN 30 DAYS. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION BELOW FOR DETAILS ON ARBITRATION AND OPTING-OUT.
1.Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, please do not use the Services. We recommend that you print a copy of these Terms for future reference.
2.Privacy Policy
Please refer to our Privacy Policy https://www.everysight.com/policies/privacy-policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.
3.Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion to reflect changes to the Services, our users’ needs and our business priorities. If we do so, we’ll let you know either by posting the modified Terms on the Sites, the App or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Sites, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
4.Who May Use the Services
4.1.Eligibility
You may use the Services only if you are 18 years or older and capable of forming a binding contract with Everysight (or, if you are a minor over the age of 13 years, you have your parent’s or guardian’s permission to use the Services and your parent or guardian has read and agrees to these Terms on your behalf), and are not barred from using the Services under applicable law.
4.2.Registration and Your Information
You might have to have to create an account in order to use certain features of the Services (“Account”) and become a registered user (“User”).. If you are required to create an Account, it’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we may suspend or terminate your Account. We are under no obligation to verify the truth, accuracy, currency or completeness of any information you provide, but we may do so in our discretion, and you hereby consent to such reasonable inquiries and investigations as we consider appropriate to verify the information you provide. You agree that you shall not disclose your Account password to anyone or permit any other person to use your Account and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
We may, in our sole discretion, cancel or suspend your Account or reject, revoke or require that you change or renew your Account information, at any time without notice or liability to you or any other person. If your Account is suspended, cancelled or terminated by Everysight, you may not create another Account without Everysight’s prior written consent
5.How the Services Work
5.1.General
You can utilize the Services to display real-time information and interact with your smartphone via the Device. In addition, the Services enable you to interact with and import data from third-party devices and services. The Services may also enable you to share the data associated with your Account (the “User Data”) with other Users or with the public.
5.2.Third-Party Devices and Services
Everysight may allow you to connect with one or more third-party devices and services (the “Data Sources”) in order to communicate with, share data with and/or import data from the Data Sources (such imported data, the “Third-Party Data”). If you decide to link to a Data Source, Everysight may import your Third-Party Data into the Services. The imported Third-Party Data will be available to you through the App and or a Site and may be displayed on your Device during use. In addition, if you decide to do so, Everysight may export certain User Data (including Third-Party Data) to your Account with the applicable Data Source.
By linking your Account to a Data Source, you hereby authorize and permit Everysight to access the Data Source on your behalf in order to import Third-Party Data and export User Data. YOU ACKNOWLEDGE AND AGREE THAT EVERYSIGHT IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT MAINTAINS, OFFERS OR SELLS THE DATA SOURCE. If you choose to import Third-Party Data, you are responsible for ensuring that such action complies with the applicable terms of service between you and the Data Source.
You acknowledge sole responsibility for and assume all risk arising from your use of any Data Source. You acknowledge that these Terms and the Everysight Privacy Policy do not apply to the Data Source. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of such Data Source. Any Third-Party Data received from a Data Source is intended for informational purposes only. Everysight makes no guarantees of the accuracy or completeness of the Third-Party Data or any data generated by Everysight using such Third-Party Data, and Everysight has no control over the content of the Data Source’s sites and resources.
You may cancel a link between your Account and any Data Source by using the Account settings available through the App or the applicable Site. Everysight reserves the right to change or discontinue any Data Sources accessible via the Services, in its sole discretion.
5.3.Sharing of Information
The Services may enable you to share your User Data with other Users or post your User Data publicly on the Services. If you decide to do so, other Users or visitors to the Services may view, copy, download or distribute your User Data. You may also choose download your User Data and copy and distribute it outside of the Services. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM SHARING USER DATA, EITHER ON OR OFF THE SERVICES. EVERYSIGHT IS NOT RESPONSIBLE FOR ANY CONSEQUENCES OF ANY USE OR DISCLOSURE OF YOUR USER DATA BY YOU OR ANY THIRD PARTIES TO WHOM YOU PROVIDE YOUR USER DATA.
5.4.Limitations
Although the Services may be accessed worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Services are available to all Users or in all geographic locations, particularly those outside the United States. We make no representation or warranty that Services are appropriate or available for use in any particular location, and the Services are not available in all languages or in all countries. You are solely responsible for complying with all applicable local laws related to your use of the Services
We reserve the right to limit, in our sole discretion, access to any feature, product or service to any User or geographic area. Any offer made on the site for any feature, product or service is void where prohibited under applicable local laws.
5.5.Use At Your Own Risk
You agree that your use of the Services and the Device is at your own risk. It is your responsibility to maintain such health, liability, hazard, personal injury, medical, life and other insurance policies as you deem reasonably necessary for any injuries that you may incur in undertaking any activities while using the Services and the Device.
Our goal is to provide helpful information through the Services, but we make no endorsement, representation or warranty of any kind about any information, services or recommendations. The accuracy of the data collected and presented through the Services is not intended to match that of medical devices or scientific measurement devices, and the Services are not designed or suitable for use in a situation where failure or fault of any kind could lead to death, personal injury or severe physical or environmental damage.
We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Services. Maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate or incomplete. If you rely on any such information or the Services generally, you do so solely at your own risk.
6.Invitations
We may offer you the opportunity to invite your contacts to enjoy the Services. If you choose to invite one or more of your contacts using text messaging (SMS) or another communications app we may suggest content for the message. You may be able to edit that suggested content, and if you choose to send text message invitations, those messages will be sent from the native messaging application on your Device. If you choose to send such invitations, you represent to Everysight that the recipients of such invitations have consented to receive such messages from you, and that those recipients do not consider such messages unwanted or unsolicited.
7.Content and Content Rights
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that a User provides or imports to be made available through the Services (including your User Data).
7.1.Content Ownership, Responsibility and Removal
Everysight does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Everysight and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
7.2.Rights in User Content Granted by You
By making any User Content available hrough Services you hereby grant to Everysight a non-exclusive, transferable, sublicensable, perpetual, worldwide, royalty-free license to use, copy, modify, create derivative works based upon and distribute your User Content in connection with operating and providing the Services and Content to you and to other Users of the Services.
You are solely responsible for all your User Content and any content you upload to our Sites will be considered non-confidential. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Everysight on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Sites constitutes a violation of their intellectual property rights, or of their right to privacy. You can remove certain User Content by specifically deleting it. However, in certain instances, some of your User Content may not be completely removed (e.g., if you share User Content with another User) and copies of your User Content may continue to exist on the Services for archival or backup purposes or to the extent required by applicable laws. Even though Services may store your User Content in accordance with these Terms the Services are not data storage or backup services and therefore we are not responsible or liable for any loss or damage to your User Content or for the removal or deletion of (or the failure to remove or delete) any such User Content. You are solely responsible for maintaining current and complete backup copies of your User Content.
Without limiting the generality of Section 13, Everysight is not responsible or liable for any unauthorized access to, or use, alteration, theft or destruction of, your User Content, whether through accident, fraudulent means or devices, or any other method.
7.3.Rights in Content Granted by Everysight
Subject to your compliance with these Terms, Everysight grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
The use of the Content on any other website or in a networked computer environment for any purpose is prohibited, without the express written permission of Everysight. The trademarks, logos and service marks (the "Marks") displayed on the Sites are owned by Everysight or third parties. You are prohibited from use of those Marks without the express, written permission of Everysight or such third party.
7.4.Public Forums and Communication
"Public Forum" means an area, site or feature offered as part of any Site or the development portal that offers the opportunity for users to submit content ("User Submissions") for viewing by one or more Site users, including without limitation a message board, forum, social community environment, conversation page, or blog.
You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any User Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures voluntarily and at your own risk. You should use good judgment when posting information, remarks or other content regarding other users, service providers, Everysight or any other third party. You may be held legally responsible for damages suffered by other users, Everysight or third parties as a result of legally actionable or defamatory comments, remarks or other information or content that you post to a Site. We are not legally responsible for any User Submissions, even if a User Submission is defamatory or otherwise legally actionable.
You are and will remain solely responsible for the User Submissions you distribute on or through any Site in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum. You will be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from a User Submission. By submitting material to any Site or Public Forum, you automatically grant, or warrant that the owner of such material has expressly granted, Everysight the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright or other rights that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that user's personal use. You hereby grant Everysight the right to edit, copy, publish and distribute any material you make available on any Site or Public Forum.
You acknowledge that your use or reliance upon any User Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice, or recommendations posted or sent by users in any Public Forum, and we specifically disclaim any and all liability in connection therewith. We do not confirm nor verify the qualifications, background, or abilities of users or the information they post in any Public Forum. Therefore, we recommend that you be careful and exercise common sense and good judgment when using any Site or Public Forum.
We reserve the right, but disclaim any obligation or responsibility, to refuse to post or communicate or remove any User Submission from any Site or Public Forum that violates these Terms.
8.Rights and Terms for App and Software
8.1.License to the App and other software available for download
Subject to your compliance with these Terms, Everysight grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of any of its App (including, for the purposes hereof any software available for download on the Sites) on any mobile device or computer that you own or control and to run such copy of the App solely for your own personal, non-commercial purposes and in accordance with any additional terms or limitations provided to you at the time of download. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Everysight reserves all rights (subject to other third parties licenses and rights) in and to the App not expressly granted to you under these Terms.
In the event that we offer downloads of software on a Site and you download such software, the software, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") is licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. Expect as specifically permitted to you under the relevant terms or license, you may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. UNLESS OTHERWISE SPECIFICALLY AND EXPRESSLY STATED ELSEWHERE, EVERYSIGHT HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY.
Please note that if you download or use an App identified as "reference app for developers" or other Everysight's Software identified as "Beta" or alike, such are early access versions or otherwise still under development and testing (each a “Beta Version”) and may not work the way a released version is intended to work. Everysight reserves the right to not formally release a released version of, or to change, any Beta Version at any time without notice.
Notwithstanding provisions of these Terms, your use of the Dev Kit and any related Software, will be governed by the terms of Everysight’s DK License Agreement.
8.2.Device License.
Subject to your compliance with these Terms, Everysight grants you a limited non-exclusive, non-transferable, non-sublicensable license to use the Device and the software incorporated in the Device (“Device Software”) for the life of the Device, solely to operate the Device in accordance with Everysight’s user instructions and documentation. Everysight and its licensors and/or suppliers (with respect to third party software licensed to Everysight) if any, retain title to and ownership of the Device Software incorporated into the Device and all associated intellectual property rights. Without limiting the generality of the foregoing, you will not (a) assign, give, sell, license, transfer, or otherwise grant any rights in, or access to, the Device Software in whole or in part, to another individual or entity; (b) modify, translate, or create derivative works of the Device Software; (c) remove or modify any markings or any notice of Device Software's proprietary rights; (d) disassemble, or reverse engineer (nor the Device neither the Device Software), decompile or otherwise attempt to derive, reconstruct, identify or discover any source code, underlying ideas, or algorithms of the Device Software by any means;
8.3.Notwithstanding the foregoing, the Software may include third party software identified by Everysight in the documentation or at the App or the at Site that is licensed under an open source license (“Open Source Software”) or other third party license. To the extent that any of these Terms conflict with, or are in addition to, the terms of any such open source license, the conflicting or additional terms will not apply to the corresponding Open Source Software..
The licensed App and/or Software may be subject to import and export laws and regulations in the United States and elsewhere. You must comply with all domestic and international import and export laws and regulations that apply in connection with the licensed App and/or Software. These laws may include restrictions on destinations, users, and end use.
8.4.Additional Terms for App Store Apps
If you accessed or downloaded the App from the Apple App Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.
If you accessed or downloaded the App from any app store or distribution platform (like the Apple App Store or Google Play) (each, an “App Provider”), then you acknowledge and agree that:
These Terms are concluded between you and Everysight, and not with App Provider, and that, as between Everysight and the App Provider, Everysight, is solely responsible for the App.
App Provider has no obligation to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of Everysight.
App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
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, Everysight will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
You must also comply with all applicable third-party terms of service when using the App.
You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App you represent and warrant that: (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8.5.Third-party Applications
Other than the App, you may have an opportunity to download applications that were developed by third parties. Everysight is not responsible for and makes no representations or warranties regarding the content or functionality of these third-party applications or the privacy practices of such third-party developers. If you decide to download and use any of these third-party applications, then you do so at your own risk.
9.General Prohibitions and Everysight’s Enforcement Rights
You agree not to do any of the following:
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates any applicable law or regulation or would give rise to civil liability; or (iii) is fraudulent, false, misleading or deceptive;
Use, display, mirror or frame the Services or any individual element within the Services, Everysight’s name, any Everysight trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Everysight’s express written consent;
Access, tamper with, or use non-public areas of the Services, Everysight’s computer systems, or the technical delivery systems of Everysight’s providers;
Attempt to probe, scan or test the vulnerability of any Everysight system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Everysight or any of Everysight’s providers or any other third party (including another User) to protect the Services or Content;
Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Everysight or other generally available third-party web browsers;
Use any meta tags or other hidden text or metadata utilizing a Everysight trademark, logo URL or product name without Everysight’s express written consent;
Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
Interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other Users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute Users who violate the law and where required by such authorities we will disclose your identity to them.
10.DMCA/Copyright Policy
Everysight respects copyright law and expects its Users to do the same. It is Everysight’s policy to terminate in appropriate circumstances Users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Everysight’s Copyright Policy at https://everysight.com/legal/copyright-policy/, for further information.
11.Links to Third Party Websites or Resources
The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
12.Termination
We may terminate your access to and use of the Services, at our sole discretion, at any time. Where possible, we will try to give you reasonable notice if we decide to terminate the Services or any part. You may cancel your Account at any time through the Services or by emailing us at support@everysight.com. Upon termination, Everysight has no obligation to maintain, store or transfer any data that you have on the Services.
Upon any termination, discontinuation or cancellation of Services or your Account, the following sections will survive: 5.4 (Use at Your Own Risk), 7 (Content and Content Rights), 12 (Termination), 13 (Warranty Disclaimers), 14 (Indemnity), 15 (Limitation of Liability),16 (Dispute Resolution),17 (Governing Law and Choice of Forum), 18 (General Terms) and 19 (Feedback).
13.Warranty Disclaimers
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. The Services are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. You acknowledge and agree that there are risks inherent to transmitting information over and storing information on the internet and that we are not responsible for any losses of your data, confidentiality or privacy in connection therewith.
14.Indemnity
You will indemnify and hold harmless Everysight and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms or any additional instructions, guidelines or policies issued by Everysight, including the Everysight DK license and those posted in the App or on the Sites.
15.Limitation of Liability
NEITHER Everysight NOR ANY OTHER party involved in creating, producing, or delivering the services will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES arising ouT of or in connection with thESE TERMS or from the use OF or inability to use the ServiceS, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not EVERYSIGHT has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PUrPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED UNDER APPLICABLE LOCAL LAWS, In no event will Everysight’S total liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE the ServiceS EXCEED THE GREATER OF (I) THE TOTAL AMOUNT YOU HAVE PAID TO EVERYSIGHT FOR USE OF THE SERVICES OR (II) ONE HUNDRED US DOLLARS (US$100).
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EVERYSIGHT AND YOU.
16.Governing Law and Choice of Forum
Except to the extent expressly provided in the following paragraph, all legal issues or any action arising from or related to these Terms will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions.
The exclusive jurisdiction and venue for all claims that are not subject to arbitration, including any claims brought on behalf of a company or other legal entity, will be the state and federal courts located in Delaware and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
If you are a resident of any European Union country these Terms, including any obligations, rights, and claims of the parties arising out of or in connection with these Terms, any questions regarding their validity, and any amendments hereto – irrespective of the legal grounds (e.g., under contract, tort or otherwise) – shall be exclusively governed by and construed in accordance with the laws of England and Wales, excluding their conflict of laws provisions.
17.General Terms
These Terms constitute the entire and exclusive understanding and agreement between Everysight and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Everysight and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Everysight’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Everysight may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Everysight under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Everysight’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Everysight. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
18.Feedback
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at support@everysight.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
19.Contact Information
If you have any questions about these Terms or the Services, please contact Everysight at:
Everysight Ltd.
SDK License
EVERYSIGHT DEVELOPMENT KIT LICENSE AGREEMENT
THIS LICENSE AGREEMENT (“AGREEMENT”) IS A BINDING CONTRACT THAT GOVERNS THE USE OF THE EDK (AS DEFINED BELOW) AND RELATED SERVICES PROVIDED BY EVERYSIGHT LTD. (“EVERYSIGHT”). EVERYSIGHT IS WILLING TO LICENSE THE EDK TO YOU AS THE INDIVIDUAL, COMPANY, OR LEGAL ENTITY THAT WILL BE USING THE EDK (“YOU” OR “YOUR”) ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND EVERYSIGHT. BY USING THE EDK AND BY ACCESSING AND DOWNLOADING THE PRODUCT SW YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MUST NOT DOWNLOAD OR USE THE EDK (EACH OF EVERYSIGHT OR YOU, A “PARTY”, AND TOGETHER, THE “PARTIES”).
If You are agreeing to be bound by this Agreement on behalf of Your employer or other entity, You represent and warrant that You have full legal authority to bind Your employer or such entity to this Agreement. If You do not have the requisite authority, You may not accept the Agreement or use the EDK on behalf of Your employer or other entity.
Introduction
Everysight designs, manufactures and distributes an augmented reality smartglasses device (the “Product”) that can be used with compatible software applications.
Everysight has created the development kit, comprised of hardware development platform, which is sold or loaned by Everysight as part of the software development kit (“Product HW”) and certain software tools, programs, libraries, sample code, API key, user manuals and other documentation (“Product SW”, and collectively with Product HW, the “Everysight DK” or “EDK”), that can be used, together with third party software applications, to design and develop applications that communicate with the Product (each an “Application”). This Agreement governs use of the EDK.
If You wish to sell, license or distribute any Application created by You using the EDK You should contact at Everysight at support@everysight.com.
1. License to Use EDK
1.1. License Grant: Subject to the provisions of this Agreement, Everysight grants to You a non- exclusive, non-sublicensable, non-transferable, non-assignable, royalty-free, revocable, personal, limited and restricted license during the term of this Agreement to download, install and use the EDK (in object code format only) solely to design, develop and test one or more Applications but not to sell, distribute or make any other commercial use of any Application except as expressly set forth in this Agreement.
1.2. Restrictions/Requirements:
1.2.1.Except as expressly set forth in this Agreement or required for the development of Applications You will not: (1) use, disclose, or provide or permit access to or use of, the EDK or an Application; (2) copy (except for a reasonable number of copies of the EDK on computers and back-up devices owned or used exclusively by You), reproduce (except for a reasonable number of copies of the documentation for Your own use), translate, modify, adapt or enhance the EDK; (3) create derivative works (including any other software) from the EDK or merge, embed or combine the EDK with any other software or materials;(4) reverse engineer or disassemble the EDK (nor the Product HW neither Product SW), or decompile, convert into human-readable form, or otherwise attempt to access or derive the source code of the EDK; (5) make any changes, modifications, additions, or improvements to the EDK and/or its operating system;
And You shall not (1) Use the EDK in any manner that is not expressly permitted pursuant to this Agreement or by law (2) license, sublicense, sell, resell, lend, lease, loan, share, transfer, assign, pledge, publish, transmit, publicly display or perform, distribute, rent, create any interest in, or otherwise give or make available or permit the use of the EDK to or for the benefit of any other person or otherwise commercially exploit any EDK in whole or in part; (3) alter, attempt to circumvent, destroy, obscure, or remove any notices (including trademark and copyright notices), proprietary codes or locks, means of identification, digital rights tools or management information, or any technical restrictions in the EDK; or (4) permit or assist any other person to use the EDK or an Application in a way that would constitute a breach of this Agreement.
You will protect the EDK against unauthorized access, distribution or use. Regardless of the number of copies of the EDK received by You or the means or media by which You received them, each copy of the EDK is subject to this Agreement. You will ensure that each copy of the EDK that You make, install or use pursuant to this Agreement is a complete copy, including all proprietary rights notices and legal notices included by Everysight in the EDK.
1.2.2. Technical Requirements: You are solely responsible to ensure that Your development of Applications is in compliance with the EDK technical requirements and the then applicable release notes.
1.2.3. Open Source Software: The EDK may include software components licensed under an open source software license (each an “Open Source”). Use, reproduction and distribution of the Open Source are governed solely by the terms of the applicable Open Source license and not this Agreement. Notwithstanding the foregoing, You shall ensure that the Applications do not incorporate any Open Source in a manner which would cause any non-Open Source software portions of the EDK to become subject to any Open Source licensing terms, including any requirements with respect to the distribution of source code.
1.2.4. Runtime Components: The EDK includes software components that are designed to be included in applications created using the EDK (each a “Runtime Component”). The Runtime Components will be expressly identified in the documentation provided to You. Subject to the provisions of this Agreement, You may use the EDK to incorporate the Runtime Components into an Application, provided that: (1) each Runtime Component is in object code (executable) format only (not in source code format); and (2) You do not modify the Runtime Component or remove any proprietary rights notices included in the Runtime Component.
1.2.5. Sample Code: The EDK may include certain sample code that is designed to be modified and included in applications created using the EDK (collectively, the “Sample Code”). The Sample Code will be expressly identified in the documentation provided to You. Subject to the provisions of this Agreement and any additional specific license terms and conditions that apply to Sample Code, You may modify and include Sample Code in an Application.
1.2.6.Third Party Components: The EDK may include embedded computer code and other materials licensed by third parties for use as part of the EDK and that are subject to the provisions of this Agreement and any applicable third party license agreements.
2. Applications
2.1. General: You are solely responsible for all aspects of development and use of your Application, including related documentation, user assistance, support and warranty. None of Everysight's review, testing, or approval of your Application limits or relieves you of any responsibilities related to your Application. You will comply, and You will ensure that each Application complies with (i) all restrictions and requirements set forth in this Agreement; (ii) all applicable laws (including all laws relating to data privacy, personal information protection, international communications and the exportation and transmission of data, software and other regulated materials) in all relevant jurisdictions; and (iii) all restrictions and requirements related to the application development and sharing platforms.
2.2. Privacy Requirements. If Your Application will collect any data from users of the Application, then You must have a privacy policy for the Application that complies with all applicable laws, and clearly and conspicuously discloses to users all relevant information related to the data collection as required by applicable law in all jurisdictions relevant to your Application, including without limitations: (i) what kind of user data You will collect; (ii) how You collect, use, store and disclose data; (iii) how long you retain the user data; (iv) how users can opt-out from such collection and retention of their data. You will also clearly disclose that any data submitted to the Application is submitted to You and not to Everysight and that Everysight has no responsibility or liability whatsoever for any such data. You are solely responsible for the security and data protection of user data collected by Your Application or residing on server(s) or systems owned or operated by You, or by a third party designated by You.
2.3. App Agreement. You will not sell, license or distribute to any person Applications created with the EDK absent a separate confirmation and agreement with Everysight.
2.4. No Malicious/Harmful Content or Use: You will ensure that an Application: (i) does not, and cannot be used to, damage, harm, detrimentally interfere with or disrupt the integrity, performance or normal operation of, or otherwise adversely affect, any Everysight Product, any other application or data on a Everysight Product or any other computer system, hardware, software, equipment or services on or in connection with which the Application or any Everysight Product may be installed, operated or used or any related data; (ii) cannot be used for any unlawful or improper purpose, including any crime or other illegal act under applicable law; and (iii) does not contain any code, design or routine (including any virus, Trojan horse, worm, backdoor, spyware, time bomb, logic bomb or drop-dead device) that may be used to interrupt, lock, disable, erase, limit the functionality or use of, or otherwise adversely affect, or facilitate unauthorized access to, the Application, any Everysight Product, any other application or data on a Everysight Product or any other computer system, hardware, software, equipment or services on or in connection with which the Application or any Everysight Product may be operated or used or any related data.
2.5. Third Party Rights: You will ensure that an Application does not violate, misappropriate or infringe the rights (including intellectual property rights) of any person. If an Application uses an authorized application programming interface (API) that is owned by a third party, then You will ensure that the Application complies with the legal terms and conditions imposed by the third party that apply to the API. If an Application is designed to access, use or otherwise interact, whether through an API or otherwise, with any data, content or services provided by a third party, You will ensure that the Application complies with the legal terms and conditions that apply to the third party data, content and services.
2.6. Technical Support: Everysight is not obligated to provide any support services, but may do so in its discretion as shall be separately agreed between Everysight and You.
2.7. You are and will be solely responsible and liable for Applications, the use of Applications, and all data, content, services and resources that You or an Application creates, transmits or displays, and for all resulting consequences (including all damage or loss caused to end users of Applications, Everysight or any other person); and Everysight will not be responsible or liable to You or any other person (including any end users of Applications) for any of the foregoing, all as shall be further described under the App Agreement.
THE EDK IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR SUITABLE FOR THE CREATION OF APPLICATIONS FOR USE IN A SITUATION WHERE FAILURE OR FAULT OF ANY KIND (INCLUDING DELAYS, ERRORS OR INACCURACIES IN PERFORMANCE, CONTENT, DATA OR INFORMATION PROVIDED BY THE APPLICATION) COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH RISK USE”) IN ADDITION, IN ANY EVENT YOU ARE NOT ALLOWED TO USE THE EDK FOR THE DEVELOPMENT OF ANY MILITARY, AVIATION OR MEDICAL APPLICATIONS (“PROHIBITED USE”). HIGH RISK USE AND PROHIBITED USE OF APPLICATIONS IS STRICTLY PROHIBITED, AND YOU WILL NOT USE THE EDK TO CREATE AN APPLICATION FOR A HIGH RISK USE OR FOR A PROHIBITED USE.
2.8. You agree to indemnify, release, hold harmless and, upon request, defend the Everysight Group from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including without limitations reasonable attorneys' fees and other litigation expenses, whether prior to, at trial or any other proceeding and in any appeal) incurred by Everysight, arising out of or relating to: (a) any breach or alleged breach by You of any representation, warranty, or obligation contained in this Agreement; (b) any damage or loss caused by negligence, fraud, dishonesty or willful misconduct by You, or any of Your affiliates, employees, agents, contractors, suppliers or customers; (c) any contract or agreement between You and a third party; (d) use by any party of Your Application, including any claims by any end user; (e) any claims related to the nature or characteristics of Your Application, or any of Your other products or services; (f) any infringement or alleged infringement of a patent, copyright, trademark or other intellectual property or proprietary right relating to this Agreement; (g) any alleged or actual violation by You of any applicable Laws; or (h) any claims or governmental regulatory actions related to Your collection, use or sharing of user data collected through Your Application in violation of this Agreement or the privacy or other rights of any user or other third party.
3.Ownership/Proprietary Rights
3.1. EDK: You acknowledge that Everysight and its licensors own and retain all rights, title and interests (including intellectual property rights) throughout the world in, to and associated with the EDK (including any Runtime Components or Sample Code that may be incorporated into an Application). The EDK is licensed, not sold, to You, and You will not acquire any right, title or interest in, to or associated with the EDK pursuant to this Agreement or otherwise. Under no circumstances will Everysight be obligated to provide, nor will You be entitled to receive, obtain or access, any source (human readable) code for the EDK. Everysight reserves all rights not expressly granted under this Agreement.
3.2. Applications: Nothing in this Agreement gives Everysight any right, title or interest (including intellectual property rights) in, to or associated with any Application, except for Runtime Components and Sample Code incorporated into an Application (which Runtime Components and Sample Code are and will remain the sole property of Everysight and its licensors).
3.3. Confidentiality: You acknowledge and agree that all non-public information regarding the EDK and the technologies contained in the EDK, including the Product HW, structure, organization and code of the software components of the EDK and all documentation (collectively, the “Confidential Information”) constitutes the trade secrets and confidential, proprietary information of Everysight and its licensors. You will use the Confidential Information only in connection with Your use of the EDK in accordance with this Agreement. Both during and after the term of this Agreement, You will: (i) maintain the strict confidentiality of the Confidential Information and take reasonable precautions to prevent any unauthorized use, disclosure, or dissemination of Confidential Information, including preventing access to by third parties, including without limitations, any person or entity which can reasonably be expected to be a competitor of Everysight by using the same degree of care as You afford to Your own confidential information of a similar nature; (ii) not disclose or make the Confidential Information available to any other person in any manner or form without Everysight’s express prior written consent, except for bona fide disclosures required by applicable law; and (iii) ensure that all persons to whom You disclose the Confidential Information (including without limitations Your employees, officers, temporarily contracted personnel or professional advisors) comply with the restrictions and requirements set forth in this section 3. Upon termination of this Agreement, You will either deliver to Everysight or permanently delete and destroy all paper and electronic documents and other records containing Confidential Information in Your possession or control.
3.4. Other Everysight Applications: You acknowledge that Everysight develops and distributes its own applications and third party applications for use with Everysight Products and will continue to do so. Nothing in this Agreement or done pursuant to this Agreement will prevent, restrict or limit Everysight’s right and ability to develop and distribute its own applications or third party applications for use on Everysight Products, and those applications may be similar to and compete with one or more Applications.
3.5. Feedback: If You or Your personnel give to Everysight feedback (including ideas or suggestions for corrections, enhancements or improvements) about the EDK, Everysight Products, or Everysight’s software applications or services, then You and Your personnel automatically grant and agree to grant to Everysight and its successors, assigns and licensees a perpetual, worldwide, royalty free, transferable and sublicenseable license to use the feedback for any and all purposes as they consider appropriate in their discretion and without providing any compensation or attribution to You or any other person.
3.6. Trademarks: You will not use any of Everysight's trademarks or logos (including using any of it in the Application's namespace) without the express prior written consent of Everysight.
4. Your Obligations
4.1. Applicable Laws: You will comply with, and ensure that Your use of the EDK complies with, all applicable local, state, provincial, national, and foreign laws, including all laws relating to data privacy, personal information protection, international communications and the exportation and transmission of data, software and other regulated materials, business practices and advertising.
4.2. Authorized Users: You are fully responsible and liable for all acts and omissions of all persons (including Your employees, consultants and contract workers) who are authorized on Your behalf to access and use the EDK for development of an Application, and You will ensure the compliance of each of those persons with the restrictions, requirements and Your obligations set forth in this Agreement.
5. Disclaimers and Liability Limitations/Exclusions
5.1. GENERAL DISCLAIMER:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR DOWNLOADING, INSTALLATION AND USE OF THE EDK AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE EDK IS AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE. THE EDK IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND FROM EVERYSIGHT. THE EDK USE AND APPLICATION ARE AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ALL RESULTING DAMAGE AND LOSS TO YOU OR ANY OTHER PERSON.
EVERYSIGHT MAKES NO WARRANTY AND HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE EDK, WHETHER EXPRESS, IMPLIED, OR STATUTORY, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF EVERYSIGHT HAS BEEN MADE AWARE OF SUCH PURPOSE), TITLE, NON-INTERFERENCE, NON-INFRINGEMENT, AND ACCURACY. WITHOUT LIMITING THE FOREGOING, EVERYSIGHT DOES NOT WARRANT AND SPECIFICALLY DISCLAIMS ANY WARRANTIES THAT THE OPERATION OF THE EDK OR OF APPLICATIONS BASED ON OR UTILIZING THE EDK WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS IN THE EDK WILL BE CORRECTED, OR THAT THE EDK WILL BE COMPATIBLE WITH FUTURE EVERYSIGHT DEVICES, PRODUCTS OR SOFTWARE.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY SAFETY ISSUES ARISING FROM YOUR USE OR TESTING THE EDK, ESPECIALLY WHILE WEARING THE PRODUCT HW OR ARISING FROM YOUR APPLICATION AND ITS USE WITH THE PRODUCT HW. AN EXTRA CARE MUST BE TAKEN WHEN USING THE EDK WHILE DOING AN OUTDOOR ACTIVITY IN ORDER TO AVOID ACCIDENT OR INJURY. YOU UNDERSTAND THE RISKS INHERENT IN THE TESTING OR USE OF THE EDK AND AY SUCH USE IS AT YOUR OWN RISK AND RESPONSIBILITY.
5.2. BETA VERSION DISCLAIMER: THE EDK IS A PRE- RELEASED AND EARLY ACCESS VERSION (A “BETA VERSION”), STILL UNDER DEVELOPMENT AND TESTING AND MAY NOT WORK THE WAY A FINAL VERSION OF THE EDK IS INTENDED TO WORK. EVERYSIGHT RESERVES THE RIGHT TO NOT RELEASE A COMMERCIAL VERSION OF, OR TO CHANGE, ANY BETA VERSION AT ANY TIME WITHOUT NOTICE
5.3. THIRD PARTY MATERIALS: EVERYSIGHT IS NOT RESPONSIBLE OR LIABLE FOR ANY THIRD PARTY APPLICATIONS, DATA, CONTENT, SERVICES OR RESOURCES THAT YOU ACCESS OR USE IN CONNECTION WITH THE EDK OR ANY APPLICATION OR FOR ANY RESULTING DAMAGE OR LOSS.
5.4. EXCLUSION/LIMITATION: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL EVERYSIGHT (AND ANY OF ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, DISTRIBUTORS, AND REPRESENTATIVES, JOINTLY AND SEVERALLY “EVERYSIGHT GROUP”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF DATA OR INFORMATION, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, OR ANY OTHER COMMERCIAL DAMAGE OR LOSS) ARISING FROM, CONNECTED WITH, OR RELATING TO THE EDK, APPLICATIONS OR THIS AGREEMENT (INCLUDING THE TERMINATION OF THIS AGREEMENT); AND (ii) IF NOTWITHSTANDING THE FOREGOING EVERYSIGHT GROUP IS LIABLE TO YOU OR ANY OTHER PERSON, THEN IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL EVERYSIGHT GROUP’S TOTAL AGGREGATE LIABILITY ARISING FROM, CONNECTED WITH, OR RELATING TO THE EDK, APPLICATIONS OR THIS AGREEMENT INCLUDING TERMINATION HEREOF) EXCEED THE AMOUNT OF US$100.
5.5. SOME JURISDICTIONS PROHIBIT OR LIMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES, AND THEREFORE DISCLAIMERS AND LIABILITY EXCLUSIONS AND LIMITATIONS IN THIS SECTION 5 MIGHT NOT APPLY TO YOU.
6. Term and Termination:
6.1. This Agreement will continue in full force and effect until terminated by You or by Everysight as follows: (A) immediately by Everysight if: (i) You breach this Agreement or any other agreement with Everysight; (ii) Everysight is required to do so by applicable law; (iii) the EDK or any of its components is a Beta Version and Everysight replaces it with a non-beta version; (B) at any time and for any reason, by either party by providing seven (7) days prior written notice to the other party. Upon termination of this Agreement, Your license to use the EDK will terminate and You will immediately: (i) cease using, and promptly permanently delete and destroy, all copies of the EDK in Your possession or control; and (ii) cease using all Applications.
6.2. Notwithstanding any other provision of this Agreement, sections 2, 3, 4, 5 and 6, and all other provisions necessary to their interpretation or enforcement, will survive the termination of this Agreement and will remain in full force and effect and be binding upon You and Everysight as applicable.
7. General
7.1. Governing Law and Disputes: This Agreement, the relationship between You and Everysight, and all related matters shall be exclusively governed by, construed and enforced in accordance with the laws of Israel (excluding its choice of law provisions) and You hereby consent and submit to the jurisdiction of the competent courts of Israel (the place where Everysight is incorporated).
7.2. Enforcement: You acknowledge and agree that the restrictions and requirements regarding the EDK, Confidential Information, and Applications set forth in this Agreement are of fundamental importance to Everysight, and that money damages would not be a sufficient remedy for any breach of such requirements and Everysight, in addition to any and all remedies available to Everysight under this Agreement or at law, will be entitled as a matter of right to judicial relief by way of a restraining order, interim, interlocutory or permanent injunction, or order for specific performance to remedy any breach or threatened breach of such requirements.
7.3. Export/Import/Use Restrictions: The EDK may include items or technologies that are subject to domestic and international export, import or use restrictions or controls imposed by applicable law and regulations of the U.S. Government and any other applicable governmental authority (including without limitation, the Export Administration Regulations and the International Traffic in Arms Regulations) (“Export Laws”) and You shall be responsible for compliance with all Export Laws, and you shall not, without limitation, export or re-export the EDK (a) into any U.S. embargoed countries or (b) to anyone on the U.S. treasury department’s list of specially designated nationals or the U.S. department of commerce denied person’s list or entity list. by using the EDK, You represent and warrant that You are not located in any such country or on any such list. You also agree that you will not use the EDK for any purposes prohibited by any Export Law, including, without limitation, the development, design, manufacture, or production of nuclear missiles or chemical or biological weapons.
7.4. Assignment: You may not assign or otherwise transfer this Agreement or any of Your rights or obligations under this Agreement without Everysight’s prior written consent.
7.5. Competitive use. Nothing in this Agreement will impair Everyisght’s right to develop, acquire, license, market, promote, or distribute products or technologies that perform the same or similar functions as, or otherwise compete with, Your Applications or any other products or technologies that You may develop, produce, market, or distribute.
7.6. Miscellaneous. (i) No failure or delay by Everysight in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder; (ii) in the event that any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of the Agreement. The remaining provisions of the Agreement will continue to be valid and enforceable; (iii) This Agreement sets forth the entire agreement between You and Everysight regarding the subject matter of this Agreement, and supersedes all previous communications, discussions, agreements, or understandings, whether oral or written, with respect to the subject matter of this Agreement. (iv) This Agreement may not be modified, except by a written agreement that expressly states that it is an amendment to this Agreement and is signed by both You and Everysight. (v) in the event of a controversy between the terms of this Agreement and any other terms and conditions applicable to Everysight's website or services, including without limitation the Terms of Service, the provisions of the Agreement shall prevail.
Terms of Sale
EVERYSIGHT TERMS AND CONDITIONS OF SALE
Last Updated: JULY 2023
These Terms and Conditions of Sale and any other terms referred to in these terms ("Terms"), apply between you and Everysight Ltd. and its subsidiary Everysight US Inc (referred to as "Everysight" or "we"), when you order or purchase Everysight not-commercially-available, not-for-end-user and non-distributable Maverick Developer Edition - bundled from hardware of smartglasses device ("Device") and software development kit (collectively with the Device, "Dev Kit") and/or other related accessories (collectively the "Products") from our Site. Everysight may change these Terms from time-to-time in its discretion, provided that the version then in effect at the time of order will apply.
Please note that when you purchase RX Adaptor from Everysight, you purchase prescription lenses, and therefore due to the highly personalized nature of these orders, such are final sale and non-refundable, and you will only have the limited warranty under applicable local consumer laws, if any.
Please carefully read these Terms. By ordering or purchasing Products, you are agreeing to these Terms. If you do not understand the Terms or do not accept any part of them, do not place an order or purchase. To place an order or purchase, you must be 18 years or older.
When you use any Everysight Services (through the Site or Products), your use is subject to the applicable terms and conditions for those Services, including the Terms of Service available at https://www.everysight.com/policies/terms-of-service apply generally to the use of the Sites, Products and Services, and our Privacy Policy available at https://www.everysight.com/policies/privacy-policy which explains our practices regarding the collection, use and disclosure of information that we receive from you. In addition, your use of the Dev Kit and any related Software, is governed by the terms of Everysight’s DK License Agreement available at https://www.everysight.com/pages/legal . You should review thiee documents before placing an order for any Products through the Site. Capitalized terms not defined in these Terms will have the meaning set forth in the Terms of Service
1. Online Orders
You can purchase the Products via our Site. When you submit your order on our Site, your payment information will be handled by an independent third-party service provider, which operates under separate Terms and Conditions with respect to your online payment transaction. You understand that you are paying the entire purchase price towards the Products upfront, authorizing our payment processing partner to charge you for the full purchase price of the Products. Orders are subject to availability and we will indicate availability of an item ("in stock", "out of stock" or "pre-ordered") and estimated delivery time during the order process and in the confirmation email sent following completion of an order. We will notify you by email when your order has shipped.
2. Order Acceptance
Our acceptance of your order will only occur when (i) we shipped your purchased Product, and (b) we received your payment of the purchase price for your order. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason, or to limit the quantity of Products sold to you. You will be charged at the time you place your order, not when your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in our product or pricing information, or problems identified by our credit and fraud avoidance system. We will contact you if all or any portion of your order is canceled. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit refund to your credit card (or other applicable payment account) in the amount of the charge. Prices, specifications and configurations that are quoted for the Products on the Site are subject to change without notice, and Everysight reserves the right at any time in its sole discretion and without notice to correct any errors, inaccuracies or omissions to the information on the Site.
You acknowledge and agree that if you are placing an order through the Site, by clicking or activating the button or hyperlink to submit your order, you are placing a legally binding offer. You consent to: (i) the use of electronic communications in order to enter into contracts and place orders with us; and (ii) the electronic delivery of notices, policies and records of transactions initiated or completed by you online. You have the right to withdraw your consent to electronic contracting and to electronic delivery, but if you do, we may cancel your order and/or your access to any of Everysight Services related to your order.
3. Prices, Taxes and extra charges
Prices advertised on our Site are subject to change without notice, and do not include shipping or applicable country or region taxes, which may be added to the price you pay and will be usually calculated prior to checkout. However, you are responsible for, and shall pay, any applicable taxes and duties that may be applicable to the sale and/or delivery of the Products and therefore Everysight reserves the right to revise its price after the execution of an order to include any and all taxes or duties that may become due hereunder. Unless otherwise specified, all prices, charges and refund amounts are in U.S. Dollars, and Everysight is not responsible for changes in currency exchange rates or transaction fees.
4. Changes to Orders Prior to Shipment
You may request to cancel your order or change the time or place of delivery of your order at any time prior to shipment and acceptance by us by contacting us at support@everysight.com. You will be responsible for any additional charges due to changes in delivery. In the event that you are entitled to a refund, Everysight will use best commercial efforts to process your refund within 14 days following receipt of a cancellation request.
5. Delivery of Products
By placing an order for our Products, you are acknowledging and agreeing to support a new Product. You understand that the Products are under development, and numerous technical, financial, and practical obstacles may interfere with their delivery to you. We will use reasonable commercial efforts to deliver the Products within the timelines estimated in the order form. You understand that all scheduled shipment dates are estimates only and not guaranteed. We’ll make reasonable efforts to meet the scheduled shipment dates, but in no event will we be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery.
In case of any unforeseen delay, Everysight will keep you updated on progress using the email address associated with your Account, provided we do this, we will not be liable for delays caused by the event. When contacting you, we will notify you of your options, including, if appropriate under the circumstances, the ability to cancel your order. In the event of inconvenience due to any unforeseen delay in the timeline, please inform us at support@everysight.com and we will make reasonable efforts to resolve your issue.
Everysight will deliver Products to the address you provide at the time of order. Note that we cannot deliver to a PO Box, and may not be able to deliver to all locations. If Everysight does not offer shipping to the address indicated, you will be sent a notice and the order will not be processed. Please ensure that your information is accurate, as Everysight cannot be responsible for delivery problems due to inaccurate information. You will be charged for extra shipping costs incurred for if your order is not delivered successfully due to errors in the information you provide. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery, we may end the contract for the Products.
Title and risk of loss to the Products passes to you upon delivery. You should inspect all packages and Products for shipping damage upon receipt (except for latent damage). Everysight must be notified of any shipping damages or errors within 5 days of delivery to obtain full replacement or credit and after this time frame the Products shipped and delivered to you will be deemed to have been delivered and accepted by you.
6. Returns and Refunds
Should you change your mind, we offer you the right for a limited time to return unopened Products. Products may be returned to your original seller within 14 days from delivery (as shall be indicated by the applicable shipping agent), provided the Product (i) is unused and in its original unopened packaging with all contents and (ii) has not been designated by us as non-returnable. To return a Product, you must first contact your original seller or Everysight at support@everysight.com to request a return merchandise authorization (“RMA”). Everysight or the original seller shall provide you with RMA instructions which you will need to comply with when returning the Products. Authorized returns will be eligible for a refund of your purchase price, excluding shipping costs and non-refundable taxes. Refunds will be issued within 14 days of receipt of the returned Product, with payment or credit issued based on the method of payment you used for your original purchase.
Everysight reserves the right to refuse to accept returns made without a valid RMA or not in compliance with the RMA instructions. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop, or, to the extent permitted by law. We may in our discretion charge a restocking fee of up to 50% of the purchase price of the Product, which will be deducted from any refund or otherwise accept returns of opened and/or used Products for a partial refund.
7. Export
The Products may be subject to the export laws and regulations of the United States. You shall be responsible for compliance with all export control laws and regulations of the U.S. Government and any other applicable governmental authority (including without limitation, the Export Administration Regulations and the International Traffic in Arms Regulations) (“Export Laws”). Neither the Products nor any direct product thereof nor any technical data related thereto may be: (i) exported or re-exported directly or indirectly in violation of any applicable Export Laws (including without limitation to any to any individual, entity or country prohibited by Export Laws, including by any U.S. sanctions program or to anyone on the SDN List, the Denied Persons List or Entity List or other export control lists); or (ii) used for any purposes prohibited by any applicable export laws. You represent and warrant that you are not identified on the U.S. Office of Foreign Assets Control’s Specially Designated Nationals List (“SDN List”), and are not on the U.S. Department of Commerce’s Denied Persons List or Entity List or any other U.S. export control list.
8. Limited One Year Device Warranty
Everysight warrants with respect to the Devices or any part thereof only as set forth under the Limited Warranty available at https://www.everysight.com/pages/legal ("Limited Warranty"). As more particularly set forth under the Limited Warranty, if Everysight determines that your Device falls within the terms of the Limited Warranty, Everysight, at its discretion, shall repair or replace the Device. THE LIMITED WARRANTY APPLICABLE TO A DEVICE REPRESENTS EVERYSIGHT’S ENTIRE REPRESENTATIONS, CONDITIONS, ENDORSEMENTS AND WARRANTIES TO YOU. ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THIS WARRANTY. EXCEPT FOR THE LIMITED EXPRESS WARRANTIES SET FORTH IN THE LIMITED WARRANTY, EVERYSIGHT EXPRESSLY DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS WHETHER STATUTORY OR IMPLIED. Some jurisdictions do not allow limitations on how long an implied warranty lasts so the above limitations may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction.
9. Hazardous Activity Disclaimer
The Products are not designed for use in operating motor vehicles or aircraft, or any other activities where product failure reasonably could lead to injury to persons or loss of life or catastrophic property damage (“Hazardous Activities”). Products are intended to be used only as a travel aid and must not be used for any purpose requiring precise measurement of direction. ACCORDINGLY, EVERYSIGHT DISCLAIMS ANY AND ALL LIABILITY FROM AND YOU ASSUME ALL RISK OF USE OF THE PRODUCT IN SUCH HAZARDOUS ACTIVITIES.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER LOCAL LAW, EVERYSIGHT AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, LICENSORS, DISTRIBUTORS AND SUPPLIERS (COLLECTIVELY, "EVERYSIGHT PARTIES"), WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, OR THE COST OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EVERYSIGHT PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL EVERYSIGHT PARTIES' TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE PRODUCT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO EVERYSIGHT FOR THE PRODUCT GIVING RISE TO THE LIABILITY.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, and we do not exclude or limit in any way our liability to you where is would be unlawful to do so. The above limitations may not apply to you in which case such limitation or exclusion shall apply to maximum extent permitted by applicable law.
11. Governing Law and Choice of Forum
Except to the extent expressly provided in the following paragraph, all legal issues or any action arising from or related to these Terms will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions.
The exclusive jurisdiction and venue for all Claims that are not subject to arbitration, including any Claims brought on behalf of a company or other legal entity, will be the state and federal courts located in Delaware and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Other than with resect to the not-commercially-available, not-for-end-user and non-distributable Dev Kit, (i) if you are a resident of any European Union country these Terms, including any obligations, rights, and claims of the parties arising out of or in connection with these Terms, any questions regarding their validity, and any amendments hereto – irrespective of the legal grounds (e.g., under contract, tort or otherwise) – shall be exclusively governed by and construed in accordance with the laws of England and Wales, excluding their conflict of laws provisions.
12. General Terms
These Terms constitute the entire and exclusive understanding and agreement between Everysight and you regarding the Products, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Everysight and you regarding the Product. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Everysight’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Everysight may freely assign or transfer these Terms without restriction. You may, only where permitted under local law, transfer our Limited Warranty to a person who has acquired the Product; we may require the person to whom the Limited Warranty is transferred to provide reasonable evidence that they are now the owner of the relevant Product. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Everysight shall not be liable for any alleged loss or damages resulting from any failures or delays in performance due to government action, earthquake, fire, flood, epidemic, quarantine, energy crisis, unavailability of supplies, strike, labor trouble, acts of terror, war, riot, accident, delay in transportation, or any other causes beyond Everysight’s reasonable control.
Everysight’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Everysight. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Copyright Policy
EVERYSIGHT COPYRIGHT POLICY
Notification of Copyright Infringement
Everysight Ltd. (collectively with its subsidiaries “Everysight”) respects the intellectual property rights of others and expects its users to do the same.
It is Everysight’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe the copyrights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Everysight will respond expeditiously to claims of copyright infringement committed using the Everysight website or other online network accessible through a mobile device or other type of device (the “Sites”) that are reported to Everysight’s Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following DMCA Notice of Alleged Infringement and delivering it to Everysight’s Designated Copyright Agent. Upon receipt of the Notice as described below, Everysight will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Sites.
DMCA Notice of Alleged Infringement (“Notice”)
1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Everysight’s Designated Copyright Agent:
Copyright Agentc/o Everysight Ltd.
Andrei Sakharov 9, Building 3, Floor 4.
Advanced Technology Center, Haifa 3508409, Israel
Email: support@everysight.com
Limited Warranty
Everysight Limited one year warranty
Last Updated: July 2023
This limited warranty is provided by Everysight Ltd. and its subsidiary Everysight US Inc (referred to as "Everysight" or "we") for the Everysight smartglasses device (being a part of Everysight not-commercially-available, not-for-end-user and non-distributable Maverick Developer Edition) and/or related accessories ("Device") and is only valid and enforceable where the Device is sold through approved sales channels.
1. Warranty Scope and Terms.
a. Everysight warrants that, for a period of one (1) year from delivery ("Warranty Period"), the Device will be free from defects in material or workmanship under ordinary consumer use in accordance with the published specifications of the Device ("Limited Warranty"). This Limited Warranty is only to the original purchaser and is not transferable.
b. In the event that a Device is defective, Everysight’s sole obligation under this warranty will be at its option to repair or replace the Device.
c. The repaired or replaced Device will remain under this Limited Warranty for the remaining original Warranty Period.
2. Exclusions.
The Limited Warranty does not apply to defects, errors or damages due to: (i) normal wear and tear; (ii) misuse, accident, abuse, neglect; (iii) physical damage to the surface of the Device; (iv) user's failure to abide by the then applicable use, safety, and maintenance instructions as published at Everysight's web-site; (v) opening, disassembly, or repairing of Device or any part thereof by someone not authorized by Everysight; (vi) installation or enabling of unauthorized software or services (including without limitations installation of software applications not provided or permitted by Everysight); (vii) unauthorized alterations to the Device software; or (viii) use of the Device in conjunction with accessories, products, services or ancillary or peripheral equipment not expressly approved or provided by Everysight. The Device is not designed for or warranted against damage from use in areas subject to extreme temperature, excessive moisture, electrical interference or other inherently adverse environments.
In addition, the Limited Warranty shall not apply: (a) if the Device was not purchased from Everysight or its authorized retailers; (b) to any Device where the serial number has been removed or that has been damaged or rendered defective as a result of misuse, abuse, contamination, improper or inadequate maintenance or calibration, or other external causes; (c) to any equipment other than the Device; (d) to any consumable parts, such as batteries, unless product damage has occurred due to a defect in materials or workmanship; and (e) to any software, whether or not supplied by Everysight.
This Limited Warranty does not guarantee that use of the Device will be uninterrupted or error free, and we make no warranty as to the accuracy or completeness of any data displayed on the Device.
3. Returning the Device.
Please contact support@everysight.com for specific instructions about how to obtain warranty service for your Device. In order to qualify for the remedy above, you must provide your contact information, and the serial number of your Device. In certain situations, we may also require you to provide a purchase receipt.
4. Data.
It is your responsibility to backup any data, software, or other materials you may have on your Device, to factory reset your Device and to erase all personal and/or other data on the Device before delivering it to us. We will not be responsible for any data, software, or materials that are lost or reformatted.
5. Disclaimer.
REPAIR OR REPLACEMENT IS THE ONLY RIGHT TO WHICH YOU ARE ENTITLED AND REPRESENT THE ENTIRETY OF EVERYSIGHT’S WARRANTY OBLIGATION UNDER THIS LIMITED WARRANTY AND THE ENTIRE EVERYSIGHT’S REPRESENTATIONS, CONDITIONS, ENDORSEMENTS AND WARRANTIES TO YOU. NO EMPLOYEE OR REPRESENTATIVE OF EVERYSIGHT HAS THE AUTHORITY TO ASSUME ANY FURTHER WARRANTY OBLIGATION OR TO AMEND THIS LIMITED WARRANTY ON BEHALF OF EVERYSIGHT. ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THIS WARRANTY. EXCEPT FOR THE LIMITED EXPRESS WARRANTIES SET FORTH IN THE LIMITED WARRANTY, EVERYSIGHT EXPRESSLY DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS WHETHER STATUTORY OR IMPLIED. Some jurisdictions do not allow limitations on how long an implied warranty lasts so the above limitations may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction
6. Limitation of Liability.
EVERYSIGHT AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, LICENSORS, DISTRIBUTORS AND SUPPLIERS (COLLECTIVELY, " EVERYSIGHT PARTIES"), WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, OR THE COST OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE DEVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EVERYSIGHT PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
In no event will Everysight PARTIES' total liability arising out of or in connection with THE USE OF OR INABILITY TO USE the DEVICES EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO EVERYSIGHT FOR THE DEVICES GIVING RISE TO THE LIABILITY.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you in which case such limitation or exclusion shall apply to maximum extent permitted by applicable law.
7. Notice.
This Limited Warranty gives you specific legal rights that may vary depending on local law. You may have contractual and/or statutory warranties under local law (including a right against the seller of a defective Device to repair, replacement, refund, price reduction and/or damages). This Limited Warranty shall not affect any rights under applicable national consumer protection laws.
Patents
Everysight and its subsidiaries products are protected by one or more of the following patents
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* Licensed under U.S. Patents