OrCam Learn’s Terms & Conditions
OrCam Technologies
Terms and Conditions
Recently updated in September 2023
Welcome to OrCam Learn, provided by OrCam Technologies Ltd. and/or its affiliates or subsidiaries (“OrCam” or “we”).
OrCam harnesses the power of artificial vision by incorporating pioneering technology into a handled platform which assist individuals with learning challenges.
These Terms and Conditions (“T&C”) represent the rules and guidelines that govern your access to and use of the OrCam products including the mobile application of OrCam products (“App(s)”), purchase of the OrCam’s devices, the OrCam subscription service(s) used in conjunction with the OrCam Learn (“Subscription” or “Membership”), and/or other services (collectively, “Services”) and form a legally binding contract between you and OrCam including its affiliates and subsidiaries. Please read these T&C carefully and visit this page regularly for updates and changes.
Should you have any questions in connection with these T&C, please contact us at: learn.support@orcam.com. By downloading the Apps, and/or using OrCam’s Services, you agree to be bound by these T&C, the user guide accompanying your device (“User Guide”), OrCam Privacy Statement and OrCam’s Cookie Policy, all as may be amended from time to time. If you do not agree to be bound by these T&C, you should cease all use of the Services, and uninstall the Apps from your device. As long as you do not cease using any of the Services, you will be conclusively deemed to have accepted these T&C.
Our Services
Who can use the Services. Our Services are intended for (i) Users over the age of 16, children under such age are not permitted to register to or use our Services, without the supervision and consent of a parent or guardian (with respect to the OrCam Learn, please see the special Children Privacy Notice (ii) having no legal, medical or other restriction which could preclude or restrict the User from using the Services or entering into; (iii) using the Services for their personal, non-commercial use.
Prior to using the Apps and the Services, you must:
Read the applicable User Guide in full, including the important safety Instructions,
Important Safety Note. While we do our best to ensure that our Services provide a reliable experience to our Users, we cannot guarantee that no errors or other malfunctions occur.
Nothing in these T&C, the User Guide replaces the need to exercise user discretion, caution and common sense in connection with use of our Services and any safety concerns.
Registration for Membership
In order to use the Membership, you must subscribe, pay any applicable subscription fees (“Membership Fees”) when due, and create an account (“Account”). The Membership contract is formed when you subscribe online or through our call center and pay the initial Membership Fee (“Membership Start Date”). You agree to provide true, accurate and complete information and keep your Account information current and updated. You shall not select or use as a username a name of another person with the intent to impersonate that person or use as a username a name subject to any rights of a person other than you without appropriate authorization. You are solely responsible for any and all activities that occur under your Account or password, and for keeping your account password confidential and secure. You may never use another person’s account or registration information for the Services without permission. OrCam will not be liable for any loss or damage arising from your failure to comply with this Section. immediately of any change in your eligibility to use the Services, breach of security or either directly or through a request made to one of our employees or affiliates.
Payment of Membership Fees
You agree to pay the Membership Fees as described in these T&C and during the purchase and payment process. Any payment terms presented to you in the process of obtaining your Membership are deemed part of these T&C and are incorporated herein by reference. At checkout, you will pay the price for the Membership Fee. Essentially, the Membership Fee includes the rent of the OrCam Learn device which include recurring payments that automatically renew.
Membership Fee Billing. We may collect payments from you directly or we may use a third-party payment processor (“Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for your Membership. The processing of payments by a Payment Processor will be subject to the terms, conditions and privacy policies of such Payment Processor in addition to these T&C. We are not responsible for any errors by a Payment Processor. By choosing to purchase a Membership, you agree to pay us, either directly or through a Payment Processor, all Membership Fees and other charges at the prices then in effect and in accordance with the applicable payment terms and you authorize us, through a Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using your selected Payment Method. We reserve the right to correct any errors or mistakes that we or a Payment Processor make even if we or a Payment Processor have already requested or received payment.
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through a Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Recurring Billing. The Membership Fee may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing automatic renewal, or a recurring payment plan, you acknowledge that such Membership Fees have an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation. SUBJECT TO APPLICABLE LAW, WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY, ANNUALLY OR BIENNIAL, DEPENDING ON YOUR SUBSCRIPTION) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO the OrCam Learn App or email us at learn.support@orcam.com.
Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE BY EMAILING US AT learn.support@orcam.com. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY SUBSCRIPTION FEES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION AS SET FORTH ABOVE.
Automatic Renewal. There are two automatic renewal options: Monthly and annual.
Subject to any minimum subscription period as presented to you during the purchase and payment process (for example, ‘a minimum subscription of 3 months’), Monthly automatic renewal (“Monthly Membership”) will be renewed or extended each month at the Membership Fee that you agreed to pay at checkout for the Monthly Membership. For example, if your Subscription started on June 3, 2023 then, subject to a fourteen days grace period we allow for the device to be delivered to you, your renewal date shall be on July 17, 2023 and thereafter, on the 17th of the subsequent month(s) (Note: The Membership Fee may be subject to change with notice to you).
The Membership will be automatically renewed or extended for successive twelve (12) month periods (“Annual Membership” or “Biennial Membership”, respectively) in the event you have purchased an Annual or Biennial Membership at the then-current non-promotional rate. For example, if your Annual Subscription started on June 3, 2023 then, subject to a fourteen days grace period we allow for the device to be delivered to you, your renewal date shall be on June 17, 2024 and thereafter, on June 17 of the subsequent year(s); or, if your Biennial Subscription started on June 3, 2023 then, subject to a fourteen days grace period we allow for the device to be delivered to you, your renewal date shall be on June 17, 2025 and thereafter, on June 17 of the subsequent year(s). In the case of an Annual or Biennial Membership, we will notify you by email at least thirty (30) days prior to such automatic renewal taking effect and any changes to the Membership Fee.
Return of the OrCam Learn after Membership Term. At the end of any Membership term (whether due to its expiry or its cancellation for any reason), you must return and we must receive the OrCam Learn device within 30 days of the end of your subscription. If we do not receive the OrCam Learn device within that 30 day period, you will be charged a $400.00 non-refundable late fee.
Membership Cancellation/Changes. To change or terminate your Membership, email us at learn.support@orcam.com. If you terminate your Membership, you may continue to use your Membership until the end of your then-current term and your Membership will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the Membership Fee paid for the then-current subscription period. If you do not want to continue to be charged on a recurring basis, you must cancel or terminate your Membership before the end of the then-current term and return the OrCam Learn device in accordance with the terms stated hereinabove (see Return of the OrCam Learn clause). Unless permitted by applicable law, your Membership cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these T&C, OrCam will not refund any amounts that you have already paid even if you stop using the Services.
For the Annual or Biennial Membership, you can cancel or modify your Membership within the first thirty (30) days after receipt of your device. If you cancel or modify your Annual or Biennial Membership, OrCam will withhold from any refund one monthly payment for your access to the Services during the first thirty (30) days.
From time to time, the Membership Fee may increase or decrease, and you will receive notice of any Membership Fee changes prior to the Membership Fee change. If you do not agree to an increase during your subscription terms, we will allow you to terminate your Membership and you will receive a pro-rated refund for the remining Membership term.
Reaffirmation of Authorization. Your non-termination or continued use of your Membership reaffirms that we are authorized to charge your Payment Method for that Membership. We may submit those charges for payment, and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance or as otherwise described when you initially selected to purchase the Membership.
Creating an Account
In order to use the OrCam Learn, you need to create an account in order to activate and use the Apps and Services. You agree to provide us with accurate, updated and complete information as required in order to create an account and complete the registration and activation process. You further agree to keep that information up to date. You may be entitled to request the erasure or the restriction of your Personal Data, and we will comply with such requests, to the extent required under applicable law. For additional information on how we use personal data, see our Privacy Statement.
You are entirely responsible for maintaining the confidentiality of your login credentials, namely your username and password. You agree and undertake not to use the login credentials of another user at any time, or to disclose your login credentials to any other user or other third party. You are responsible for all activities that occur through your account. You agree to notify us immediately if you suspect any unauthorized use of your login credentials or your account.
Active/Inactive Membership Status
You must maintain an active Membership to continue using the Services. These T&C and your Membership may be renewed for additional Membership periods pursuant to the Membership purchased. If you do not maintain an active Membership and pay all Membership Fees when due, the Services shall terminate.
If any Membership Fees that are due are outstanding for a period of seven (7) days or more, your Account will go into an inactive state. In this inactive state, you will be unable to upload data from your OrCam Learn. You will, however, still be able to access any historical data, that is, data which is uploaded prior to your Account entering into an inactive state. Upon appropriate payment, your Account will be reactivated, and you will be able to utilize the full functionality of the Membership and your OrCam Learn.
Changes to our Services
We continuously improve our Services and develop new features, products and services as well as enhancements and fixes to existing Services. Therefore, we might at any time and at our sole discretion with or without notice, make changes to the Services whether by adding or removing features, products and functionalities, or by providing updates including fixes, or by suspending or imposing limitations with regards to the Services or by imposing other changes to the Services (“Changes”).
We will implement Changes, inter alia, by providing software updates including automatic updates. You agree to automatic updates and further agree that the Services may be negatively impacted if you do not allow the installation or implementation of such Changes. You also agree that these T&C as amended from time to time, will apply to any and all Changes. In addition, we have no obligation to provide any Changes or to continue to provide or enable any particular features or functionality of any of our Services.
Some of our Services may be released in their testing stage, and made available as a “Private Beta” versions. This means that we may not have yet completed development of all available Services and that not all features are completely functional or available.
OrCam reserves the right at any time and from time to time, without being obligated to provide prior notice, to modify, suspend, or discontinue, temporarily or permanently, the Services or any part thereof, or user’s access thereto, all at its sole discretion. You will have no claim, complaint or demand against OrCam or against any related parties or affiliates of OrCam, for applying such changes or for failures incidental to such changes.
TERMINATION
Unless otherwise prohibited by law, and without prejudice to OrCam’s other rights or remedies, OrCam shall have the right to immediately terminate (i) your Membership if you breach any of the terms of these T&C and (ii) any of the Services, in our sole discretion at any time; provided that if you are not in breach of this Agreement, we will provide you with a pro rata refund of any Membership Fee paid by you in advance reflecting the period where you did not benefit from the terminated Services as a result of such termination.
If you have obtained a free Membership, OrCam reserves the right at any time to modify or discontinue, temporarily or permanently, such free Membership, your Account and your access to the Services with or without notice.
Upon cancellation or termination of your Membership, all access to the ongoing service granted to you by OrCam shall terminate automatically and your right to use such services shall cease.
Restrictions
You may not, whether directly or indirectly (unless laws prohibit these restrictions or you have our written permission to do so), and you undertake that you will not, and will not allow others, to:
Modify the Services, or decompile, disassemble, or otherwise attempt, directly or indirectly, to disrupt the Services, servers or networks connected to the Services, deny service to, hack, crack, reverse engineer, or otherwise interfere with the Services and their underlying software, or other technology, code, algorithm or other proprietary information of OrCam in any manner, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services and/or interfere with the automatic process of downloading and/or installing the mandatory updates or upgrades to the Services, with or without notification;
Attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Services, technology or any software thereto;
Create a database by systematically downloading and storing all or any content from the Services;
Use the Services for any illegal, immoral or unauthorized purpose, to encourage criminal behavior or conduct that would constitute a criminal offense under any law, or in a manner that could give rise to civil liability or other lawsuit, including but not limited to, using the Services in order to download content in violation of copyright, for distribution or development of any malware, take any action relating to piracy on the web, etc.;
Use the Services in any way which is prohibited in these T&C;
Use any automated means or interface to access the Services or extract other users’ information;
Use or develop any third-party applications that interface or interact with the Services or other users’ information;
Use OrCam logos or marks for any purpose without first obtaining OrCam’s written consent;
Violate any third party or other user’s right to privacy or other rights, or harvest or collect personal information about users of the Service (including another user’s account, username, or password, solicit login credentials);
Defame, abuse, harass, threaten, or otherwise violate the legal rights of others including the intellectual property rights (i.e. copyrights, patents);
Transmit or otherwise make available in connection with the Services any computer code, file, or program including any virus, worm, Trojan Horse, spyware, or any other, that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
Interfere with or disrupt the operation of the Services, or the servers or networks that host the Services or make the Services available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
Probe, scan, or test the vulnerability of our Services;
Sell, license, or exploit for any commercial purposes any use of or access to the Services;
Frame or mirror any part of the Services;
We reserve the right to refuse to provide the Services, and may terminate or suspend your account or access to the Services at any time, in case your use violates these T&C or applicable law. You may terminate these T&C at any time and for any reason by ceasing any use of the Services and uninstalling the Apps from your device.
Privacy
OrCam respects its users’ right to privacy and we are committed to protecting and safeguarding our clients’ and users’ personal information.
It is important for us to enable you to understand our privacy policy and your rights in connection with the personal data we may hold about you. You should also be aware that we use cookies and similar technologies to collect and save information when you visit our website. To learn more – please see our Privacy Statement and Cookie Policy.
Risk and Title
The responsibility for damage and loss is passed to you on your receipt of the OrCam device(s). The OrCam devices are owned by us and will remain owned by us during the Membership / Subscription period and after its expiry.
Intellectual Property Ownership
The Services, the Apps, their underlying technology, and any and all Content and information provided on and through the Services, including, without limitation, any of OrCam’s logos, trademarks, graphics, designs, information, texts, databases, images, data, underlying software, code, algorithm, technology, hardware, firmware, patents, and other material displayed, available or associated with the Services, are the property of OrCam, the copyrighted and/or trademarked work of OrCam and/or proprietary information, patents and knowledge protected under trade secrets, patents, or otherwise, and owned exclusively by OrCam and its affiliates and/or licensors. OrCam retains any and all rights, including any and all intellectual property rights, in the Services, the Apps, and all the above (collectively, “OrCam’s Intellectual Property”).
You have no right to modify, edit, copy, reproduce, publish, make available to the public, sell, rent, distribute, broadcast, transmit, create derivative works of, reverse engineer, alter, convey to a third party, enhance or in any way exploit any part of the Services or OrCam’s Intellectual Property. Nothing in these T&C shall be construed to derogate in any way from OrCam’s rights in its Intellectual Property, or transfer any such rights to the user.
OrCam owns all rented OrCam Learn devices. You agree to keep the device in good working condition and to return the device at the end of your Membership.
Without derogating from the above, it is clarified that “OrCam”, the OrCam logo, and other trade and/or service marks are the property of OrCam.
Subject to full compliance with all provisions of these T&C, and full payment of consideration due to OrCam in connection with the Services, OrCam grants you a personal, non-assignable, non-exclusive, revocable at will, and non-sublicensable, limited right to use the Apps and Services, solely for your personal, non-commercial needs.
Content and Back Up
Our Services offered in connection with OrCam products and Apps provide Users with the option to create certain personalized labels for their use, such as captured text, User’s voice, personalized metric information about User’s reading progress which involve the collection of anonymous, non-personal data for personalized Service, analytical and Service improvement purpose (“User Content”). User content may be encrypted and stored in our cloud services, to provide our Users with back up of their content.
Except as stated above, we do not access, review or monitor User Content.
You are solely responsible and liable for any User Content. OrCam does not control the type of content of any User Content which is uploaded to its cloud services, and shall not be responsible or liable in connection with such content.
We always love to hear from our Users. If you choose to provide us with feedback or suggestions, you acknowledge and agree that we may use such feedback for any purpose, and waive any consideration or compensation of any kind.
Third Parties
Our Services are designed to enable our Users to interact with various types of texts. We do not control and are not responsible or liable for any such interactions with services and products provided by third parties (“Third Party Services”), and do not endorse or recommend any specific Third Party Service.
You should exercise care and discretion when using, interacting with or participating in Third Party Services. The reliance upon Third Party Services is made entirely at User’s sole risk.
Communications with Us
By using the Services, you expressly agree we may communicate with you regarding the Services or respond to your communications to us through the Apps, by email, or other electronic means directed to your device and that certain information about your usage of the Apps may be communicated to us automatically from your device.
LIMITATION OF LIABILITY AND WARRANTY
OrCam does not make any representations or warranties regarding the Services, Apps, their functions or any output they produce. The OrCam end-user limited product warranty (the “Limited Warranty”) covers the renter of an OrCam product against defects in material or workmanship at the time of its original purchase, for the duration of the Subscription term. The renter of an OrCam product shall have this limited Warranty throughout the duration of that user’s Membership. Original proof of purchase/delivery is required from the owner or renter in order to obtain this coverage. OrCam will repair or replace, at its discretion, any product that is determined by OrCam to be covered under this Limited Warranty. OrCam will not be responsible for conditions arising as a result of intentional damage or misuse of the product. The owner or renter is responsible for the costs of shipping the product to the location specified by OrCam. This Limited Warranty is the sole and exclusive warranty applicable to OrCam Services. No third party has the authority to make any representation, warranty, or agreement on behalf of OrCam with respect to OrCam products.
No warranty of any kind or nature is made by OrCam beyond those expressly stated herein. In no event shall OrCam be liable for any special, collateral, indirect, punitive, incidental, consequential, or exemplary damages in connection with or arising out of the use of the Services and/or the Apps.
Unless as otherwise expressly stated herein, you acknowledge and agree that the Services and Apps and any of their content, are provided “as is”, “as available”, and “with all faults”, are used only at your own risk, to the fullest extent permissible by law.
Without derogating from any provisions limiting liability under these T&C, the Limited Warranty, if applicable to User, will not apply, and the owner or renter will reimburse OrCam for any costs and expenses incurred in the event that: (i) the Services have been used other than in accordance with the User Guide and these T&C or other written operating instructions provided by OrCam; (ii) the Services have been subject to tampering, misuse, negligence, or accident; (iii) parts identification labels have been removed or the device has been otherwise altered; (iv) an OrCam product has been opened, modified, repaired, serviced, maintained, or altered by someone other than an authorized OrCam representative; (v) the Services have been combined with software, hardware, or other equipment not supplied by OrCam or not approved in writing by an authorized OrCam representative in advance; (vi) any OrCam product has been intentionally damaged, or exposed to water, heat, or high voltage. If you believe that your product needs warranty support, please contact us through the App or at: learn.support@orcam.com. You will be responsible for any shipping costs associated with support services. However, if it is determined that the warranty request is valid, OrCam will pay the total cost of shipping the repaired or replaced product.
ORCAM DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, AND LACK OF VIRUSES. ORCAM DOES NOT WARRANT THAT THE PRODUCT WILL BE ERROR FREE OR “BUG” FREE, WILL OPERATE WITHOUT INTERRUPTION, THAT ANY IMAGES OR SOUNDS PRODUCED BY THE PRODUCT WILL BE ACCURATE OR THAT THE OPERATION OF THE PRODUCT WILL BE SECURE AND HEREBY DISCLAIMS ANY AND ALL LIABILITY ON ACCOUNT THEREOF. THIS SECTION SHALL BE ENFORCEABLE TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
The Services and/or Apps do not support all types of devices and it is your responsibility to check the feasibility of using your device with the Services. Portions of the Services may be contingent upon availability and continuity of wireless internet connection of the device. The User shall bear all charges made by a cellular communication provider associated with use of internet communication for the Services, including in the event of exceeding the User’s cellular package.
ORCAM’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH US (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SERVICES) SHALL NOT EXCEED ONE HUNDRED US DOLLARS. ORCAM AND ITS AFFILIATES, OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE (EVEN IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN) ARISING FROM YOUR USE OF THE SERVICES. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL IS LIMITED TO THE EXTENT PERMITTED BY LAW. USER ACKNOWLEDGES AND AGREES THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, WE WOULD NOT BE ABLE TO OFFER THE SERVICES.
For the avoidance of doubt, OrCam shall not be liable towards you or any third party for any damage, loss, injury or harm caused by any action taken by you as a result of content presented through the Apps and Services.
OrCam assumes no responsibility or liability if any Services were used other than in accordance with the instructions in the User Guide. OrCam shall not be responsible in the event that Services are used in violation of the user guide or these T&C.
You acknowledge and understand that the Apps and/or Services require internet connection which may have different associated charges (such as mobile data expenses) and necessitate consumption of the mobile device battery. You shall have no claim or demand towards OrCam with regards to the aforesaid.
BREACH AND INDEMNITY
Without derogating from any applicable law, you agree to indemnify and hold harmless OrCam and its employees, officers, directors and agents, as well as all third parties from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of these T&C.
UPGRADE POLICY
Payment of a one-time-fee to upgrade or replace your OrCam Learn will not change the terms of your Membership to the Services. If an upgraded or replacement OrCam Learn is provided to you as part of a Membership renewal offer then the new Membership period will begin immediately upon purchase and remaining days in your current Membership, if any, will be appended to your account.
Miscellaneous
We may modify these T&C from time to time in our discretion. If fundamental changes are introduced we will provide you with advance notice of such changes. If you disagree with a change, you may contact us to end your contract before the change takes effect. If you do not contact us to cancel your contract, your continued use of the Services after the T&C have been modified signifies your assent to the updated T&C.
These T&C and the Services will be governed solely by the laws of the State of Israel, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to these T&C and the Services, will be under the exclusive jurisdiction of the competent court in Jerusalem, Israel. If you are a resident of the United States, this paragraph shall be replaced by the Dispute Resolution for US residents clause below. If you are a resident of the United Kingdom, this paragraph shall be replaced by the Dispute Resolution for UK residents clause below.
You may not assign or transfer your rights in and to the Services, or allow any other person to use your device or access your account on the Apps, without the prior written consent of OrCam. OrCam may assign its rights in and to the Service to a third party at its sole and absolute discretion, provided that the third party undertakes our obligations to you under these T&C.
These T&C, together with the policies that are an integral part of these T&C, namely the Privacy Policy and Cookie Statement, shall all constitute the entire and complete agreement between you and us concerning the OrCam Services.
These T&C and your use of the Services, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto.
You are welcome to contact us in any matter relating to these T&C or the Services, by sending us an email to: learn.support@orcam.com.
DISPUTE RESOLUTION FOR US RESIDENTS
Arbitration; Class Action and Jury Waiver (applicable for United States residents)
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT, USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, AND DISCOVERY IS MORE LIMITED. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THE T&CS.
Binding Arbitration: This provision is intended to be interpreted broadly to encompass all disputes, claims or controversies (regardless of legal theory or source of law issue) arising out of or relating to the T&Cs. Any dispute or claim arising out of or relating to the T&Cs (whether based in contract, tort, statute, fraud, misrepresentation, common law, or any other legal theory) will be resolved by binding arbitration, except that either you or OrCam may take claims to small claims court if the claims or demands qualify for hearing by such a court.
Arbitration Procedures: For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to OrCam at 1115 Broadway, 11th floor, New York, NY 10010 to allow OrCam an opportunity to work with you to resolve the dispute. You and OrCam each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days.
The arbitration of any dispute or claim shall be conducted by, and in accordance with, the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (as applicable), as modified by the T&Cs. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and OrCam agree that the T&Cs evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law and will not be governed by state law. Any arbitration will be held in Delaware or virtually, if mutually agreed. The arbitration will be conducted in the English language. There shall be three arbitrators selected from the AAA’s list of approved arbitrators, agreed to by the parties within thirty (30) days of receipt by respondent of the request for arbitration or, in default of such agreement, by the AAA. Each party shall bear the portion of any deposit, advance, or other expense as determined by the arbitrator.
You and OrCam agree that discovery will be limited to be cost-effective and proportionate to the claim, and that the cost of discovery shall be borne by the party requesting such discovery. Except as provided below, the arbitrators may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce the T&Cs as a court would. Notwithstanding the foregoing, the arbitrators shall have no authority to award punitive, consequential or liquidated damages of any kind. In all arbitrations, the arbitrator must give effect to applicable statutes of limitations.
The award rendered by the arbitrators shall be final, non-reviewable and binding on the parties. Any arbitration shall be confidential, and neither you nor OrCam may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
Class Action Waiver and Jury Waiver: You and OrCam each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated, or representative action. If a court or arbitrator determines in an action between you and OrCam that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If for any reason a claim proceeds in court rather than through arbitration, You and OrCam each waive any right to a jury trial and consent to the jurisdiction of the courts and laws of the State of Delaware.
DISPUTE RESOLUTION FOR UK RESIDENTS
If you are a resident of the UK and receive the Services in the UK, this section applies to you.
These T&C and the Services will be governed by the laws of the State of Israel, except to the extent that UK consumer laws apply. Any dispute, claim or controversy arising out of, connected with or relating to these T&C and the Services, will be under the non-exclusive jurisdiction of the competent court in Jerusalem, Israel, but please see below about your other options for resolving disputes with us:
Our team is available at support@orcam.com and will do their best to resolve any problems you have with us or the Services.
Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to the Centre for Effective Dispute Resolution through their website at [www.cedr.com/idrs]. If you're not satisfied with the outcome, you can still go to court.
You can go to court. Wherever you live in the UK, you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
LIMITATION OF LIABILITY AND WARRANTY - FOR USERS IN THE UK
If you are a UK resident and receive the Services in the UK, this section applies to you. If these terms conflict with the other provisions of these T&C, the terms in this section shall prevail.
The OrCam end-user limited product warranty (the “Limited Warranty”) covers the owner of an OrCam product against defects in material or workmanship at the time of its original purchase, for a subsequent period of one (1) year, and for any additional applicable legal warranty period. Original proof of purchase/delivery is required from the owner in order to obtain this coverage. OrCam will repair or replace, at its discretion, any product that is determined by OrCam to be covered under this Limited Warranty. OrCam will not be responsible for conditions arising as a result of intentional damage or misuse of the product. This Limited Warranty is in addition to your legal rights as a consumer.
Without derogating from any provisions limiting liability under these T&C, the Limited Warranty will not apply, and the user will reimburse OrCam for any costs and expenses incurred in the event that: (i) the OrCam device has been used other than in accordance with the User Guide and these T&C or other written operating instructions provided by OrCam; (ii) the OrCam device has been subject to tampering, misuse, negligence, or accident; (iii) an OrCam product has been opened, modified, repaired, serviced, maintained, or altered by someone other than an authorized OrCam representative; (iv) the OrCam device has been combined with software, hardware, or other equipment not supplied by OrCam or not approved in writing by an authorized OrCam representative in advance; (v) any OrCam product has been intentionally damaged, or exposed to water, heat, or high voltage; (vi) the OrCam device has been used by a person who has not completed training by an authorized OrCam Trainer™ or OrCam in-person or online training program. If you believe that the product needs warranty support, please contact us at: support@orcam.com. You will be responsible for any shipping costs associated with support services. However, if it is determined that the warranty request is valid, OrCam will pay the total cost of shipping the repaired or replaced product.
No third party has the authority to make any representation, warranty, or agreement on behalf of OrCam with respect to OrCam products.
You acknowledge that the device may be delivered to you as a used device.
The Services and/or Apps do not support all types of devices and it is your responsibility to check the feasibility of using your device with the Services. Portions of the Services may be contingent upon availability and continuity of wireless internet connection of the device. The user shall bear all charges made by a cellular communication provider associated with use of internet communication for the Services, including in the event of exceeding the user's cellular package.
WE DON'T COMPENSATE YOU FOR ALL LOSSES CAUSED BY US OR OUR PRODUCTS. We're responsible for losses you suffer caused by us breaking the terms of our contract with you unless the loss is:
Unexpected, i.e. it was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, by law, the loss was unforeseeable).
Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device which was caused by an OrCam product that we supplied but which you could have avoided by following our advice to install updates or by correctly following the User Guide.
Nothing in these T&Cs limits any liability which cannot legally be limited, including liability for:
death or personal injury caused by negligence;
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
defective products under the Consumer Protection Act 1987.
IMPORTANT: Except as provided in the paragraph above, OrCam assumes no responsibility or liability for any losses to the extent caused by use of the Services other than in accordance with the instructions in the User Guide and/or training program. Services should not be relied upon in circumstances that are potentially life- or health threatening (including to identify medication/read prescriptions) or that could lead to financial loss. The Services should especially never be relied upon to drive vehicles or operate heavy machinery of any kind. Except as provided in the paragraph above, OrCam shall not be responsible for any losses to the extent caused by use of the Services in such situations, or otherwise in violation of these T&C.
Our team is available at support@orcam.com and will do their best to resolve any problems you have with us or the Services.
Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to the Centre for Effective Dispute Resolution through their website at [www.cedr.com/idrs]. If you're not satisfied with the outcome, you can still go to court.
You can go to court. Wherever you live in the UK, you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
Unexpected, i.e. it was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, by law, the loss was unforeseeable).
Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device which was caused by an OrCam product that we supplied but which you could have avoided by following our advice to install updates or by correctly following the User Guide.
death or personal injury caused by negligence;
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
defective products under the Consumer Protection Act 1987.