Effective Date: 17 April 2023
These Terms of Use set the rules for how we interact with the user and how the user can, and cannot, use the Services. These Terms of Use form a legal agreement between the user and AYES, Inc. (“us,” “we,” AYES, or the “Company”) (the “Terms of Use”).
The OKO application is an artificial intelligence application that uses the back camera on a user’s mobile device to recognize pedestrian traffic light and inform the user of the” walk”, “don’t walk” and/or “countdown” signs. We use audio, vibrations and visual overlays to notify users of when a pedestrian traffic light changes. (collectively, the “Services”) (the “Application”).
The Application does not rely on any adaptations to the traffic light and runs locally on the user’s smartphone. As a result, the Application can be operated in airplane mode if necessary for the reliability of the Application’s functionality. The feedback is instantaneous; this means that the user feels an extra sense of orientation because the moment a user receives feedback, the user also knows that it is the heading in the proper direction. Currently, the Application does not require the user to input any information, however, our proprietary “smart” algorithm has the capability of detecting when a traffic light is changing (the “Algorithm”). We have sourced the Application from scratch as well as all data and artificial intelligence associated therewith. We do not sell the Algorithm to third parties. Users can turn the Algorithm to the “off” position via the Application’s settings function, however, doing so will limit the Application’s functionality.
We reserve the right to capture aggregated and anonymous location data to share with local municipalities for non-marketing purposes to provide insights to concerning their accessibility. We currently do not charge a fee for use of the Application but reserve the right to do so in the future.
User must be at least eighteen (18) years old to use the Application. User agrees NOT to do any of the following: (1) register as a blind or visually impaired user if user is not actually legally blind or visually impaired; (2) solicit, collect or use the login credentials of other Service users; (3) use the Services to defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate any person or entity; (4) use private or confidential information via the Services; (5) remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Application; (6) use the Application as an emergency aid, a means of obtaining or providing emergency services, or a means for delivering or receiving medical treatment or medical or health services; (7) share health information with third parties using the Application or the Services; (8) use the Application and/or the Services for any illegal or unauthorized purpose; (9) frame or link to the Services except as permitted in writing by the Company; (10) attempt to reverse engineer or attempt to interfere with the operation of any part of the Application; (11) download, reproduce, duplicate, copy, sell, resell, use or otherwise exploit any of the Application for any commercial purpose without express written permission from the Company; (12) change, modify, adapt or alter the Application, or change, modify or alter another website so as to falsely imply that it is associated with the Application or the Company; (13) interfere with or disrupt the Services provided by the Application or servers or networks connected to the Application, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature; (14) alter or interfere with the way any Services or Application are rendered or displayed in a user’s browser or device; (15) create accounts with the Application through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper; (16) attempt to restrict another user from using or enjoying the Services provided by the Application; (17) encourage or facilitate violations of these Terms of Use. If user violates any of these restrictions or any provision of these Terms of Use, user’s right to use the Services and the Application will terminate immediately and any further use of the Services and the Application shall immediately cease. If any user is found to infringe upon the Company’s ownership rights to the Application or upon other intellectual property rights, including without limitation its copyrights and trademarks, such user’s rights to use the Application and the Services shall immediately terminate. We reserve the right to terminate, remove or discontinue all or a portion of the Services at any time, with or without notice to the user, in our sole discretion.
Your use of the Application is subject to AYES’ Privacy Policy, which is available at [https://www.ayes.ai/privacy-policy-usa.](https://www.ayes.ai/privacy-policy-usa. ) Your use of any Third-Party Applications (as defined herein) is subject to the privacy policy of the applicable Third-Party Provider (as defined herein).
We can choose which Third-Party Applications to promote, and we can also choose how we want to promote them, if at all. Provision of the Services and downloading of the Application does not mean we endorse, support or warrant any Third-Party Application provider (“Third-Party Provider”). We are not responsible for any Third-Party Application, any errors or other failures of any Third-Party Application, or for any agreements, acts, omissions or practices (including, but not limited to, privacy practices) of any Third-Party Provider. Your use of the Application will be governed by these Terms of Use. However, the use of the Third-Party Application shall be governed by the terms and conditions presented to you during the installation or authorization process or as otherwise required by us or a Third-Party Provider (the “Third-Party Provider Terms”). Please read those terms carefully before accepting them. We are not bound by, and we have no obligation with respect to, any Third-Party Provider’s Terms.
In addition to any rights granted to us in the applicable Third-Party Provider Terms (if any), you grant us, our Affiliates (as defined below), and any applicable third parties whose websites and/or services connect to such Application, if applicable, (“Connected Third Parties”), a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free, and non-exclusive license to perform, display and use any data and other content you (or any end users accessing the Application through you) submit or make available through the Application for the purposes of: (1) providing the Application and the Services, (2) using your user data on an internal basis to improve upon the Services, and (3) generating aggregated data which does not identify you such as aggregated data for our own business purposes. For purposes of these terms of Use, the term “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. For purposes of this definition, “Control” means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.