Terms of Use
These Terms of Use establish the guidelines for how we interact with users and how users may, and may not, utilize the Services. By accessing the Services, you agree to a legal contract with EMVI.AI, (“us,” “we,” “EMVI,” or the “Company”) under these Terms of Use.
The EMVI application is designed as a visual assistant, utilizing artificial intelligence (AI) to help individuals with visual impairments connect with their surroundings. It uses the back camera on a user’s mobile device to recognize and interpret the environment, providing real-time audio and visual feedback. Collectively, these features constitute the “Services” offered by the “Application.”
The Application requires an internet connection via Wi-Fi, 3G, 4G, or 5G and cannot function in airplane mode. The feedback provided is instantaneous, enhancing users’ spatial awareness by offering immediate directional information. The Application currently requires user input to generate any output. After capturing an image of the scene, our proprietary “smart” algorithm (the “Algorithm”) describes it. This Algorithm, along with all related data and AI, has been developed in-house. We do not sell the Algorithm to third parties. Users can disable the Algorithm by closing the Application, but doing so will limit its functionality.
We reserve the right to collect aggregated and anonymous data, which may be shared with local municipalities for non-marketing purposes to enhance accessibility and improve the Application. A fee is currently charged for the use of the Application, and we reserve the right to adjust this fee in the future.
Restrictions on Use
Users must be at least eighteen (18) years old to use the Application. If you are under 18, parental consent is required. By using the Application, you agree NOT to do any of the following:
1. Register as a blind or visually impaired user if you are not legally blind or visually impaired.
2. Solicit, collect, or use the login credentials of other 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 in the Application.
6. Use the Application as an emergency aid or for providing or receiving medical services.
7. Share health information with third parties using the Application or Services.
8. Use the Application and/or Services for any illegal or unauthorized purpose.
9. Frame or link to the Services without written permission from the Company.
10. Attempt to reverse engineer or interfere with the operation of any part of the Application.
11. Reproduce, duplicate, sell, or exploit any part of the Application for commercial purposes without express written permission from the Company.
12. Modify the Application or any website to falsely imply association with the Application or Company.
13. Interfere with or disrupt the Services or networks connected to the Application, including transmitting any harmful code.
14. Alter or interfere with how the Services or Application are displayed on a user’s device.
15. Create accounts through unauthorized means, including automated devices or scripts.
16. Restrict another user’s enjoyment of the Services.
17. Encourage or facilitate violations of these Terms of Use.
Violation of any of these restrictions will result in the immediate termination of your right to use the Services and the Application. If you infringe on the Company’s intellectual property rights, your access to the Application and Services will be terminated. We reserve the right to discontinue all or part of the Services at any time, with or without notice.
Privacy
When you place an order or subscribe to our Services, we collect your personal data. This data will be processed in accordance with our Privacy Policy, which you should review before submitting an order or subscribing to our Services.
Access to Third-Party Applications
We may choose to promote Third-Party Applications at our discretion. The provision of the Services and downloading of the Application does not constitute an endorsement of any Third-Party Application or provider. We are not responsible for any Third-Party Application, its errors, or any agreements, acts, or omissions by its provider, including privacy practices. Your use of the Application is governed by these Terms of Use, but use of Third-Party Applications is subject to their respective terms and conditions. Please review these terms carefully before acceptance.
End-User License
In addition to any rights granted under applicable Third-Party Provider Terms, you grant us, our Affiliates, and any connected third parties a perpetual, irrevocable, worldwide, sublicensable, royalty-free, non-exclusive license to use any data or content you submit through the Application for providing the Services, improving the Services, and generating aggregated, non-identifiable data for our business purposes. “Affiliate” means any entity that controls, is controlled by, or is under common control with the subject entity.
Intellectual Property Rights
These Terms of Use do not convey any ownership rights to the Application or its associated intellectual property. All rights, title, and interest in the Application, Services, and related components, including intellectual property rights, belong exclusively to the Company. The Company retains a royalty-free, worldwide, sublicensable, irrevocable, and perpetual license to incorporate any suggestions or feedback received from users into the Application.
Disclaimer
You agree to bear all risks associated with using the Application. The Application and Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including those of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Application or Services will be uninterrupted, secure, or error-free, nor do we guarantee the accuracy or reliability of any information provided.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, EMVI SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION, ARISING FROM THE USE OR INABILITY TO USE THE APPLICATION OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
Indemnity
You agree to indemnify and hold the Company and its Affiliates harmless from any claims, damages, or costs, including reasonable attorney fees, arising from your use of the Application, your breach of these Terms of Use, or any third-party rights violations.
Changes to Terms of Use
We may update these Terms of Use periodically. You should review the Terms regularly for any changes.
Not an Emergency System
The Application is not intended for use as an emergency aid or for providing or receiving medical services. The Services are not approved for critical, high-risk uses, and you agree not to use them for such purposes.
Release
You release the Company and its Affiliates from any claims, demands, or damages arising out of disputes with third parties, including other users of the Services or Application.
Questions and Comments
If you have any questions or comments regarding these Terms of Use or the Application, please visit www.emvi.ai or email us at info@emvi.ai.