The Websites and System are owned and operated by the Company.
The System is provided solely for your own personal use on your premises. 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. 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.
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.
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 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.
Installation and Maintenance. Our Product is ready for use once proper installation and pairing is 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 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 email@example.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 unit. If you do not understand the meaning of the notifications or indications, please refer to the user manual, or to the FAQ page in our website. If you do not find an answer, contact firstname.lastname@example.org.
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.
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 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: [link].
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;
ACCOUNT TERMINATION. We may discontinue the Services to you and withdraw the license to use our Product in case your use of the Services has been improper or has not been in accordance with these Terms 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).
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, at 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.
ELIGIBILITY. 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).
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.
CONTENT. 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.
THIRD-PARTY WEBSITES. The Website 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 websites are not under Company’s control and Company is not responsible for the content or accuracy 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.
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, or 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.
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.
DISCLAIMER OF WARRANTIES
Warnings; Disclaimers; No Warranty.
THE PRODUCT AND SERVICES MONITOR AND PROVIDE ALERTS AND WARNINGS IN RELATION TO EVENTS THAT ARE DEEMED BY OUR PRODUCT TO BE POSSIBLE DROWNING. THE PURPOSE OF THE DEVICE IS TO ALERT YOU ON CERTAIN DEFINED ACTIVITIES ALLOWING YOU TO ATTEND SUCH AN EVENT IN A TIMELY MANNER.
THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY FOR SUPERVISION OF THE USERS OF THE POOL OR IN THE VICINITY OF THE POOL AND ASSISTANCE INCLUDING WITHOUT LIMITATION APPLYING FIRST AID IN CASE OF ANY INCIDENT, INCLUDING ANY KIND OF INJURY. YOU MUST REMAIN ALERT AND AWARE OF THE USERS OF THE POOL AND ITS SURROUNDINGS AND ANY PERSON IN THE VICINITY OF THE POOL OR WHO MAY HAVE ACCESS TO THE POOL AREA AT ALL TIMES.
OUR PRODUCT IS INTENDED FOR HOME USE ONLY. IT IS NOT INTENDED TO BE RELIED UPON AS A SOLE MEASURE, ESPECIALLY WITH BABIES, TODDLERS, OR CHILDREN, PERSONS WHO CANNOT SWIM OR CANNOT PROPERLY SWIM, AND PERSONS SUFFERING FROM HEALTH CONDITIONS OR DISABILITIES WHICH PUT THEM AT A HIGHER RISK DUE TO THE USE OF THE POOL. WITHOUT DEROGATING FROM ANY OF OUR DISCLAIMERS HEREIN, HERE ARE SOME MEASURES THAT YOU CAN USE IN ORDER TO INCREASE THE SAFETY OF YOUR POOL USERS:
MAINTAIN ADULT SUPERVISION AT ALL TIMES IN AND AROUND THE POOL
ENSURE THE POOL AREA IS FENCED AND GATED AND THAT THE GATE IS LOCKED WHENEVER NOT IN USE OR WHENEVER NO SUPERVISION IS AVAILABLE.
DO NOT ALLOW ANYONE, ESPECIALLY YOUNG CHILDREN OR PERSONS WHO ARE NOT PROFICIENT SWIMMERS TO USE THE POOL UNSUPERVISED
EMPLOY A TRAINED AND LICENSED LIFEGUARD
MAINTAIN KNOWLEDGE OF AND GET TRAINED TO PROVIDE FIRST AID.
KEEP ALL SAFETY MEASURES AS REQUIRED BY ANY APPLICABLE LAWS AND REGULATIONS.
PLEASE BE ADVISED THAT THE SERVICES AND PRODUCTS SHOULD NOT BE USED AS THE SOLE BASIS FOR SUPERVISION OR PREVENTION OF DROWNING INCIDENTS. THESE ARE NOT A SUBSTITUTE FOR MANDATORY OR OTHERWISE NECESSARY POOL SAFETY MEASURES NOR DO THEY REPLACE THE NEED FOR SUPERVISION OF ANY POOL AREA BY A QUALIFIED PROFESSIONAL, A CERTIFIED LIFEGUARD, OR AN ADULT, AS APPLICABLE. THE SERVICES AND PRODUCT ARE A SUPPLEMENTARY TOOL ONLY, AND THEY ARE INTENDED TO BE USED IN TANDEM WITH ANY AND ALL APPLICABLE SAFETY MEASURES.
RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICES AND PRODUCT IS SOLELY AT YOUR OWN RISK. YOU ARE HEREBY ADVISED THAT OTHER THAN ANY EXPRESS WARRANTIES PROVIDED IN RELATION TO THE PRODUCT’S HARDWARE, WE PROVIDE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE PERFORMANCE OR QUALITY OF THE SERVICES AND PRODUCT.
THE PERFORMANCE OF THE SYSTEM AND USE THEREOF MAY BE AFFECTED BY MULTIPLE EXTERNAL FACTORS THAT ARE NOT IN THE COMPANY’S CONTROL, INCLUDING WITHOUT LIMITATION, ENVIRONMENTAL CONDITIONS, INTERRUPTION AND INTERFERENCE BY PERSONS IN THE POOL, LOSS OF SIGNAL, INTERRUPTION OF FEEDBACK AND COMMUNICATION PROBLEMS ETC. ANY ONE OF SUCH FACTORS MAY CREATE FALSE POSITIVES OR FALSE NEGATIVES IN THE DETECTION OF DROWNING INCIDENTS AND THE GENERAL QUALITY AND PERFORMANCE OF THE SERVICES AND PRODUCTS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF THE SYSTEM.
FURTHERMORE, THE PRODUCT IS BASED ON ARTIFICIAL INTELLIGENCE AND COMPUTER VISION TECHNOLOGY AND AS SUCH IS AFFECTED BY MULTIPLE VARIABLES SUCH AS LIGHT, WATER CLARITY, DISTANCE, SHADES, OBSTRUCTIONS, BODY POSITION, POSITIONING RELATIVE TO THE SURFACE, AND MORE. THESE MULTIPLE FACTORS, TOGETHER WITH THE COMPLEXITY OF OUR ALGORITHMS MAY NOT ALWAYS PROVIDE THE ACCURATE RESULT.
EXCEPT AS EXPRESSLY SET FORTH UNDER THE TERMS, THE WEBSITE, APPLICATION, SERVICES, AND PRODUCT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUALITY OF SERVICE. THE COMPANY MAKES NO WARRANTY THAT THE SERVICE OR PRODUCT WILL MEET YOUR EXPECTATIONS, WILL BE FREE FROM ERRORS, AND VIRUSES, THAT DATA AND CONTENT OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, OR CURRENT, OR THAT THE SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE AND PRODUCT IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE AND PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO PROPERTY, BODY INJURY INCLUDING DEATH, OR ANY DAMAGES TO YOUR CONNECTED DEVICE OR DATA STORED ON IT, IS SOLELY YOURS.
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 SERVICE AND PRODUCT, OR IMPROPER USE OF THE SERVICE OR PRODUCT, 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.
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.
INDEMNITY. 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) 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.
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.
MISCELLANEOUS. These Terms constitute the entire agreement between the parties concerning the subject matter hereof. (The Service 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.
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Disclaimer: Does not replace adult supervision. MYLO can significantly reduce the chance of drowning, but detection cannot be granted for 100% of the cases. MYLO is a new safety layer but does not replace other means of protection.