Terms Of Use

Last updated: 31/05/2023

The following Terms of Use (the “Terms”) stipulate the agreement between you (including commercial and/or governmental entities) (“User(s)” or “You” etc.), the user using our Website and Systems as defined below, and Coral Smart Pool Inc. and its affiliates, including Coral Smart Pool Ltd. (“Company” or “Us“, “We” etc.) concerning your use of our websites  http://coraldrowningdetection.com, coralmylo.com and coralsmartpool.com and including any of the subdomains thereof (the “Websites“), and our drowning detection and pool monitoring and alerting systems (the “Product(s)“), mobile application (the “Application“) and related operational, support and customer services (the “Services“). The Product, Application, and Services shall be referred to herein separately and collectively (according to the context) as the “System“.

 

  1. The Websites and System are owned and operated by the Company.
  2. Consent to the Terms and Privacy Notice.
    • Use of the System is allowed subject to these Terms, which include the relevant Privacy Notice and which, together, comprise a legally binding agreement between You and Us.
    • By purchasing and/or installing and/or accessing and/or using our System or any part thereof, you signify that you agree to these Terms (including the Privacy Notice (see ‎5 below). Your use of the System is expressly conditioned on your compliance with these terms. If you do not agree to any of the provisions of the Terms you should not purchase it, and otherwise refrain from or immediately stop using the System.
    • As a System User you declare and undertake that You: are not precluded from entering into a contractual agreement based on these Terms. If You enter into an agreement in the name of the corporation you are qualified to accept these Terms and commit to them in accordance with the corporation’s article of association, and your consent to the Terms is binding on the corporation for all intents and purposes. You must notify Us, immediately, with regard to any change which occurs in relation to your legal competence with affects your declaration in this clause.
    • Customer Data. Through the use of the System, we shall receive, and process personal data related to You and any users of your pool. By using the System, you represent that you have obtained all required releases, consents, and permissions from any person, required under applicable law, for the lawful use of the personal information through our System of all persons present at your pool when the System is activated; including without limitation those required for us to use any footage and images obtained from the System installed at your pool for the purposes of machine learning and training our AI-based System. our Privacy Notice is available at http://coralsmartpool.com/privacy-policy/ and it provides the disclosures on how we use and process personal information, is incorporated into these Terms, and is an integral part of these Terms. Purchase, installation, access, or use of the System and Website means that you have read and understood our Privacy Notice and our practices described therein.

 

  1. THE SERVICES.
    • The System as defined above is provided solely for Your own personal use on your premises, and in case of commercial User, for business purposes.
    • Note that by pairing the Product to your device, we may provide the Service by sending push notifications and messages, emails, or alerts via various means of communication. You may deactivate the push notifications at any time by changing the notification settings on your mobile device. Please note that the Application may only be available for certain operating systems (for example, iOS and Android) and for certain versions only.
    • The nature of the Service may change from time to time subject to reasonable notice. In addition, Company may cease (permanently or temporarily) providing the Service (or any part thereof) to You or generally to other users subject to a reasonable notice.
    • Please note, You may opt to connect Your products solely to the home and/or to the business, port device (and disable the Application after installation), in which case the Services may be transmitted solely to such device and certain updates may not apply.

 

  1. Installation and Maintenance.
    • Our Product is ready for use once proper installation and pairing are complete. Please follow carefully the installation instructions accompanying the Product. To operate the Product please consult the user manual and guide in the Product’s box on the Website or on the mobile application. In order to minimize technical problems, follow installation and operation instructions carefully.
    • To ensure proper operation please ensure that the Product is handled with proper care. The Product is not a toy and should not be thrown, dropped, or stepped on.
    • Due to the high sensitivity of the Product and its reliance on image processing, it can be influenced by objects in the pool, the maintenance of the pool itself, the clarity of the water, obstruction of “lines of the site” etc. Such external effects could be obstructing the proper vision of the Product or being recognized as individuals thus preventing or delaying alarm activation or triggering false alarms.
    • In case of false alarms please refer to the relevant section in the user manual accompanying the Product. If this section does not provide a sufficient response, please contact us at support@coraldd.com
    • We strongly encourage You to occasionally check that the images in the phone apps are clear and cover the inner and outer pool areas. Also, note any notification sent from the system to the phone apps or indications in the home and/or in business unit. If you do not understand the meaning of the notifications or indications, please refer to the user manual, or to the FAQ page on our website. If you do not find an answer, contact support@coraldd.com.
    • You are hereby advised that the Product may restart for maintenance and updates, once in a 24-hour period (at most) for the duration of up to 3 minutes, between 02:00 and 04:00 am. At this time the Product shall be out of service until the relaunch.

 

  1. The Product may be purchased by users either (i) directly through our website, or (ii) through third-party vendors, in accordance with their purchase and payment terms. These Terms (respectively for this section) apply regardless of where you have purchased the Product. We conduct any and all purchases and charge fees on our website through third-party payment processors (e.g. PayPal) (the “Payment Processor”). Payments of fees will be subject to the terms, conditions, and privacy policies of the applicable Payment Processor. We are not responsible for any error by the Payment Processor. Any taxes applicable to you regarding transactions made in accordance with these Terms and according to applicable law will be borne by you exclusively. Refunds and replacements shall be made in accordance with our refund policy found here: https://coralsmartpool.com/wp-content/uploads/2023/04/MYLO-RETURN-POLICY.pdf.

 

  1. USER RESTRICTIONS. The following restrictions shall apply to Your use of the Services and the Product. You may not interfere with or disrupt the integrity, performance or operation of the Website, System or any part thereof, including any servers or networks provided by Third Party Service providers; attempt to gain unauthorized access or bypass any measures imposed to prevent or restrict access to the Website, Product or Services; copy, modify, distribute, create derivative works, translate, port, reverse engineer, decompile, or disassemble the System or any portion thereof, or any material that is subject to our proprietary rights, including without limitation for commercial purpose, and shall not simulate or derive any source code or algorithms from the System or use of any of the foregoing to create any software or service similar to the System;

 

  1. ACCOUNT TERMINATION. We have the right to discontinue the Services, or to cancel Your account at any time, or to defer, suspend or block your entry to your account and your ability to make use of the System (including from a different account) to You and to refuse such future use or in case of suspicion of an infringement of these Terms, illegal use or inappropriate, unsuitable or incorrect use of the System, or others’ content, suspicion of the existence of activity of another party in your account, and all as determined by Us, at our discretion, provided that we shall issue a notice to your email to this effect (we shall use the email provided by you during your purchase or app registration).

 

  1. REPAIR AND REPLACEMENT. As may be applicable, we will provide repair or replacement services to address a defect in the materials or workmanship of a Product – all as provided in the insert accompanying the Product. Repair and Replacement services shall be provided, in our sole discretion, through direct mail-in. If we determine the Product is eligible for replacement or repair, it shall be your responsibility to ship the original Product to a designated location, in accordance with our instructions.

 

  1. You may not use the Service or the Product and may not accept these Terms if you are less than the legal age to form a binding contract in the territory where you reside (or at least 18 years old, if such legal age in your territory is lower).

 

  1. PROPRIETARY RIGHTS.
    • Company retains sole and exclusive ownership of all rights, title and interests in the Service and Product and all intellectual property rights relating thereto, including, without limitation, issued patents and pending patent applications with respect to the Service and Product and the technology related thereto. This provision shall survive termination and expiration of these Terms and shall remain in full force and effect thereafter. Without derogating from any of the provisions herein, you agree not to decompile, reverse-engineer, copy, transfer, assign, rent, resell, distribute, or use the Service (or any part thereof, or any software underlying the Service), other than as expressly authorized by Company.
    • Any comment and suggestion of a change, improvement, correction, upgrade of the website and the Products offered on the Website conveyed by the User, will be viewed as information that has been provided voluntarily to Us, and We may make use of it as we wish and deems fit, including for the purpose of altering/upgrading the Website and/or the Product, without giving the user any compensation, including royalties. We will not be obliged to maintain confidentiality regarding it. These will become Company’s property, without the need to obtain approval.
    • The User undertakes not to retrieve from, or accumulate, the System content (all or a part of it) by means of software or any computerized means.
    • For the purpose of these Terms, the term “Content” includes, without limitation information, data, text, photos, and graphics, in static or interactive feature, which is provided or otherwise made available to you through the Service. The Content is owned and/or licensed by the Company. You are prohibited from using, including, without limitation, copying, or making any alteration of or derivative works based upon, the Company Content for any purpose and is at all times subject to these Terms.

 

  1. THIRD-PARTY WEBSITES.
    • The Website and/or the Application may contain links to websites or pages which are not maintained by the Company. Links to third-party websites are provided for your convenience and information only. Third-party web sites are not under Company’s control and Company is not responsible for the content, availability, reliability, updated relevance or accuracy, or in other way of those sites or the products or services offered on or through those sites. The inclusion of a link through the Website does not imply the Company’s endorsement of the third-party website nor that Company is affiliated with the third-party website’s owners or sponsors.
    • You acknowledge and agree that We are not liable for any loss or damage incurred in relation to third parties websites or which may be incurred by you as a result of the availability of those external sites, resources, or advertisements, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. We recommend that you be aware when you leave the Website and read the terms and conditions and Privacy Notice of each website that you visit.

 

  1. THIRD-PARTY SERVICES.
    • We may provide third party services for use of the Services and Product (the “Third Party Services”), which may include, inter alia, commercially available hosting services (e.g. Amazon cloud (AWS), MS Azure, etc.). Additionally, to use the Application, you will need to download the Application from a third-party platform, service provider, or distributor, in which case your use of the Application may also be governed by the usage rules imposed by such Third Party Service provider.
    • We cannot guarantee the continued availability of Third Party Services and may cease providing them, any content provided in connection to them, if, for example, such services are no longer interoperable with the Services or Product. Your use of the Third Party Services is subject to such terms and conditions and specifications offered by each Third Party Service provider. You acknowledge that we are not the author, owner, or licensor of any Third Party Services. We shall provide the Third Party Services “AS IS” and make no representation or warranty with respect to them. Implied warranties of fitness for a particular purpose, satisfaction, and merchantability shall not apply. Your sole recourse in the event of any dissatisfaction with the Third Party Services is to stop using the Product and Services.

 

  1. COMPANY TRADEMARKS. Any and all trademarks, service marks, product names, and trade names of the Company appearing on or through the Service are exclusively owned by Company. All other trademarks, service marks, product names, and logos appearing on or through the Service are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on or through the Service without the owner’s prior written consent.

 

  1. DISCLAIMER OF WARRANTIES.

                    Warnings; Disclaimers; No Warranty.

 

  1. LIMITATION OF LIABILITY.
    • YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE COMPANY (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SYSTEM, OR IMPROPER USE OF THE SYSTEM, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WITH A REASONABLE PRIOR NOTICE, THE COMPANY MAY CHANGE THE SERVICE AND PRODUCT IN WHOLE OR IN PART IN ITS SOLE DISCRETION WITHOUT ANY LIABILITY TO YOU WHATSOEVER IN CONNECTION THEREWITH.
    • All computerized systems, including the Internet, may suffer from faults, communication problems, disruptions and such like. Computerized systems may also require periodic maintenance which may lead to breaks or shutdown, partial or full. As such, We don’t guarantee that the System will be accessible and available without disruption or breaks, or will be free of defects and faults, or that it will be resistant to hacking, to cyber-attacks or malware of any kind and, as such.
    • NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE WILL THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE GREATEST OF EITHER THE CONSIDERATION PAID BY YOU TO THE COMPANY FOR THE SERVICES AND THE PRODUCT IN THE TWELVE (12) MONTHS PERIOD PRECEDING THE RISE OF THE APPLICABLE CAUSE OF ACTION OR AN AGGREGATE AMOUNT OF US $10,000.

 

  1. You agree to indemnify, defend, and hold harmless the Company and its respective employees, directors, officers, subcontractors, and agents of each, against any and all claims, damages, or costs or expenses (including court costs and attorney’s fees) that arise directly or indirectly from a third party claim against us based on the following cause or causes: a (a) breach of these Terms by you; (b) any claim, loss or damage resulting from your faulty or negligent use or attempted use of (or inability to use) the  Services or Product; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Services or Product shall be in compliance with all applicable laws, regulations, and guidelines.

 

  1. FORCE MAJEURE. In a case of force majeure event, such as: war or mobilization for reserve duty or a military campaign, acts of terror, natural disasters, health issues, or other circumstances which do not allow the regular operation of the System, or in any other case which is beyond our control due to which it is not possible to do so, we will have the right to announce the deferral of times, cessation of activity or cancellation of the System and to issue an announcement to act in accordance with the circumstances, bearing without any responsibility in this regard.

 

  1. CHANGES TO THE TERMS. These Terms may be subject to periodical revisions or amendments, from time to time with or without notice, at our sole discretion; we encourage you to review the Terms regularly. Your continued use of our Website, Services, and Product following any such amendments will be considered as your consent to the amended Terms. At all times, the latest version of these Terms shall be binding and prevail over any other version.

 

  1. CHANGES ON THE Website AND/OR APPLICATION. The Website and/or the Application is subject to changes which the Company is authorized to decide from time to time, in its sole discretion, including deletion or any kind of change of information or service or content displayed or provided on the Website and/or application, and without providing prior notification.

 

    • These Terms constitute the entire agreement between the parties concerning the subject matter hereof. The Service, Application and Product shall be provided in accordance with, and these Terms shall be governed by, the laws of the State of Israel without giving effect to any principles of conflicts of laws thereof, and the eligible courts in Tel Aviv, Israel shall have exclusive jurisdiction over all disputes between the parties related to these Terms.
    • You may not assign or otherwise transfer by operation of law or otherwise these Terms or any right or obligation herein without the express written consent of the Company. Company expressly reserves its right to assign or transfer these Terms and to delegate any of its obligations hereunder at its sole discretion.
    • If any part of these Terms is found void and unenforceable, it will not affect the validity of the remainder of the Terms, which shall remain valid and enforceable according to its terms. The failure of the Company to act with respect to a breach of these Terms by you or others shall not constitute a waiver and shall not limit Company’s rights with respect to such breach or any subsequent breaches.
    • The headings in the Terms are for logistical convenience alone and are not to be used for interpretive purposes.
    • These Terms do not confer any rights on a party that is not a side to them, and these Terms do not constitute a contract for a third party.

 

    • It is likely that, pursuant to your use of the System or in relation to it (for example, with regard to an amendment or updating of these Terms) the System will send you notices, by means of the contact information you submitted. If you elect not to receive them you may remove yourself and prevent them being sent to you. However, this may prevent Us from providing You with the service/access to the System, as applicable.
    • The Company shall be entitled to use the details you provided during registration for the Website and/or Application or during negotiations for purchase the System, for the purpose of sending an advertisement (as defined in the Communications (Bezeq and Broadcasts) Law, 5742 1982) on its behalf that refers for a product or service of a type that is similar to the said product or service that you have purchased, unless You express your refusal to receive such advertising, either in general or in a particular way. You also entitled to remove Yourself from the distribution list at any time, by means intended for removal as will appear there.
    • For contact and additional details regarding the Website/Application and its activity, and to notify the website/application operator regarding a violation or any other complaint, you can contact the website/application operator’s customer service by email: support@coraldd.com.
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