Last updated: April 5, 2025
1. GENERAL TERMS
1.1. These terms and conditions, as may be amended and/or updated from time to time (the “Terms and Conditions” or “Terms”) are the legal agreement between you, a User who is Using one of our proprietary platforms which are a complementary product to the Device (as defined below): my.eyecontrol.co.il (the “Home Platform”), or any other EyeControl platform operates under the domains of eyecontrol.co.il or eyecontrol.health (the “MED/PRO Platforms”) (hereinafter together: the “Platforms”).
1.2. EyeControl provides the Platform and Device in order to improve the quality of life for “locked-in” or ventilated patients (“Patient”) and to advance the method of communication with Peer Supporter and Care Providers.
1.3. Prior to your first Use of the Platform, you will need to positively accept these Terms. By doing so, you hereby confirm that you have read, understood, and agreed to be bound by these Terms in their entirety. If you do not agree to the Terms in their entirety, you cannot Use the Platform.
1.4. It is hereby clarified that any software that updates, supplements, or replaces the original Platform is governed by these Terms unless separate license terms accompany such update, supplement, or replacement, in which case such separate terms will govern in the event of a conflict with these Terms, or as otherwise provided in such separate terms.
1.5. Furthermore, by accepting these Terms, You hereby waive any rights or requirements under any applicable laws or regulations in any jurisdiction that require an original (non-electronic) signature or delivery or retention of non-electronic records, to the maximum extent permitted under applicable law.
1.6. IF YOU ARE USING THE SERVICES ON BEHALF OF A HEALTH CARE PROVIDER THAT HAS ENTERED INTO A CONTRACTUAL RELATIONSHIP WITH US, THOSE CONTRACTUAL TERMS WILL GOVERN YOUR USE OF THE Platform AND SUPERSEDE THEse TERMS AND conditions IN THE EVENT OF ANY CONFLICT.
2. DEFINITIONS
In these Terms, the following terms shall have the meaning set forth below:
2.1. “Care Provider” means an individual who provides healthcare services to a Patient, including but not limited to a licensed medical practitioner or a professional caretaker.
2.2. “Content” means any information of any kind incorporated in the Platform, including (without limitations) texts, verbal and visual content, articles, publications, legal updates, design, graphic language, videos, materials, data, photos, pictures, drawings, sound files, graphic files, links, computer code, texts and any other information displayed or presented in the Platform, whether owned by EyeControl or by a third party that granted EyeControl with a right to Use it in the Platform.
2.3. “Device” means EyeControl’s propriety product known as EyeControl-home® Or EyeControl-med® Or EyeControl-pro® and other accessories and connected devices, as may be.
2.4. “EyeControl”, “we”, “our” or “us” means Eyefree Assisting Communication Ltd. and any affiliates.
2.5. “Peer Supporter” means a family member, friend, or any other individual the Patient has authorized and invited to use the Platform in order to operate the Device.
2.6. “Use” or “Usage” means the registration and any access and/or view and/or visit and/or browse in or to the Platform for any purpose.
2.7. “User”, “you” or “your” (including any alterations thereof) means any individual that uses the Platform and\or Device, including Patients, Peer Supporters, and Care Providers.
2.8. “User Guides” means the documentation, How-to text, audio, and/or videos, quick guides, FAQs, and operation manuals for the Device, as may be.
2.9. Terms which are not defined herein shall have the meaning ascribed to them in the Platform’s privacy policy, which is available at: https://eyecontrol-legal-public.s3.amazonaws.com/privacy-policy/platform/home/latest/doc.html (the “Privacy Policy”).
3. THE USE OF THE PLATFORM
3.1. Limited Purpose for the Use of the Platform.
The Platform is a cloud-based service that serves as a complementary product to the Device, which enables the User to control its phrases and settings in it.
In addition, the Platform enables the User to connect the device to a Web-Bluetooth interface for visual feedback (together shall be referred to as the “Services”).
3.2. Instructions for Activation and Registration.
3.2.1. To Use the Platform, you must be: (i) at least 18 years of age; (ii) possess the legal right and ability to enter into a legally binding agreement with us, either for your own Use or on behalf of a Patient (in that case, you represent that you have the legal authority to bind such person and provide consent on his\her behalf); and (iii) agree and warrant to Use the Platform in accordance with these Terms.
3.2.2. In order to Use the Device, the User will have to pair the Device with the Platform. Please note that without pairing a Device to the Platform, you will not be able to Use the Device.
3.2.3. As part of the registration process, you shall open an account and provide some Personal Information (the “Account”). The Personal Information you are required to provide us in order to Use the Platform, and the way we shall Use any Personal Information collected from the Platform and Device is governed by our Privacy Policy.
3.2.4. The Use of the Platform according to these Terms does not derogate from your responsibility to Use the Device according to the User Guides.
3.3. Your responsibility.
3.3.1. You shall not share your Account and login information with any third party, let anyone else access or Use your Account, or do anything else that might jeopardize the security of your Account.
3.3.2. In the event you become aware of or reasonably suspect any breach of security, including, without limitation, any loss, theft, or unauthorized disclosure of the login information, you must immediately notify us at hello@eyecontrol.co.il and modify your login information.
3.3.3. You are solely responsible for maintaining the confidentiality of your login information and for restricting access to your PC or other device while logged into the Account.
3.3.4. It is hereby clarified that You will be responsible for all activities coming from your Account, whether or not authorized by you.
3.3.5. You are responsible for compliance with applicable local laws and regulations related to your Use of the Platform.
3.4. Your representations. By using the Platform, you hereby warrant and represent as follows:
3.4.1. You are aware that you are not obligated by law to Use the Platform, and any Use of it is based on your free will;
3.4.2. The Personal Information that you enter into and/or upload to the Platform in order to create and Use your Account is yours, you have all rights in and to it, and it is accurate and complete;
3.4.3. You are aware that any Personal Information provided by you while using the Platform will be used by us for the purposes set forth in our Privacy Policy.
3.4.4. You will Use the Platform according to the terms herein and not Use the Platform and/or the Services for any purposes other than the purposes listed in Section 3.1.
4. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
4.1. We do not claim ownership of any Personal Information you provide us and/or upload when you Use the Platform. However, by using the Platform, you hereby freely grant us an irrevocable, royalty-free, non-exclusive, unlimited license to process your Personal Information, all in accordance with the terms of our Privacy Policy.
4.2. The Platform (including any Content thereof) and the Device are owned by EyeControl (or any third party acting on EyeControl’s behalf), and are protected by copyright and other intellectual property laws and treaties. We, and our licensors, own any and all rights, title, and interest in and to the Platform and the Device, including all copyright and other intellectual property rights, and the limited license granted herein (as set forth in Section 5 below) does not provide you with any title or ownership rights in or to the Platform and the Device.
5. SCOPE OF LICENSE, LIMITATIONS OF USE
5.1. Subject to your Use of the Platform according to these Terms, we hereby grant you a worldwide, non-exclusive, personal and non-commercial, non-transferable, non-sublicensable, limited, and revocable license to Use the Platform, solely for internal, legal, and legitimate purposes. You may not Use it for any other purpose.
5.2. EyeControl reserves all rights not expressly granted to you in these Terms. Without derogating from the generality of the above, You shall not: (a) modify, alter, reproduce, copy, rent, lease, loan, sell, publicly display, perform, distribute or otherwise Use the Platform and/or the Content for any purpose whatsoever, other than as set forth herein, or as explicitly agreed by us in writing; (b) create derivative work based (whether in whole or in part) on any Content that is available on or through the Platform; (c) crawl, decompile, reserve engineer, disassemble and/or otherwise attempt to reveal and/or derive the source code of the Platform (including without limitation to any algorithm); (d) send and/or upload any “spam” or otherwise duplicative or unsolicited messages in violation of applicable laws; (e) send and/or store infringing, obscene, threatening, libelous, or otherwise unlawful material, including material harmful to children or violating third party rights; (f) send and/or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (g) interfere with or disrupt the integrity or performance of the Platform or the Content contained therein; (h) attempt to gain unauthorized access to the Platform or its related systems or networks; (i) create any link and/or references to the Platform from other sites (unless you are permitted to so by EyeControl); (j) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Platform, or perform any other action in the Platform or any part thereof in violation of the Terms and/or that may cause any damage to EyeControl.
5.3. While we use reasonable commercial efforts to ensure that the Platform is free from viruses and other malicious content, neither we, nor any other party involved in producing, hosting, or delivering the Platform, assume any responsibility, nor shall be liable for any damage to, or viruses that may infect your PC or other device or other property on account of your Use of the Platform. Except where required by applicable law, EyeControl shall not be liable to any User or other person for any loss or damage they may suffer as a result of viruses, or other malicious, or harmful content that they access from, or via the Platform. For additional information about the security measures we implement in the Platform, please see our Privacy Policy.
6. DISCLAIMERS
6.1. OUR SERVICES ARE NOT INTENDED FOR, AND SHOULD NOT BE REGARDED AS, MEDICAL DIAGNOSIS AND/OR TO SERVE AS AN AID FOR MEDICAL DIAGNOSIS, AND/OR TO PROVIDE ANY MEDICAL ADVICE, AND/OR TO RECOMMEND ANY TREATMENT OR OTHER MEDICAL PROCEDURE. IF YOU ARE A CARE PROVIDER – YOU SHALL USE YOUR OWN MEDICAL JUDGMENT AND SKILL WHILE TREATING A PATIENT AND PROVIDE MEDICAL ADVICE AND RECOMMENDATIONS.
6.2. THE PLATFORM IS INTENDED TO IMPROVE COMMUNICATION WITH PATIENTS BUT EYECONTROL DOES NOT GUARANTEE FULL SUCCESS OR SPECIFIC RESULTS. NEITHER EYECONTROL NOR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AGENTS, AFFILIATES, OR THIRD PARTY PROVIDERS SHALL BE HELD LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES CAUSED DUE TO RELIANCE ON THE PLATFORM, ANY OUTPUT PROVIDED VIA THE PLATFORM OR DUE TO ANY DECISION MADE OR ACTION TAKEN BASED ON THE OUTPUT OR USE OF THE PLATFORM. ANY USE OR RELIANCE ON ANY SUCH USE OR OUTPUT IS MADE AT THE USER'S OWN RISK AND EYECONTROL AND ANYONE ON ITS BEHALF ARE RELEASED FROM ANY WARRANTY OR LIABILITY THERETO OR THEREFROM.
6.3. EYECONTROL DOES NOT EXECUTE PRELIMINARY OR ANY OTHER CHECK REGARDING USERS OF THE PLATFORM. IN ADDITION, IN REGARD TO CARE PROVIDERS – EYECONTROL DOES NOT CHECK ANY CARE PROVIDER'S QUALIFICATIONS, PROFESSIONAL SKILLS, AND EXPERIENCE IN ANY MEDICAL FIELD; EYECONTROL DOES NOT RECEIVE AND/OR IS NOT OTHERWISE EXPOSED TO ANY TREATMENT PLAN, MEDICAL ADVICE OR ANY OTHER RECOMMENDATION PROVIDED BY A CARE PROVIDER TO ITS PATIENT, AND HAS NO CONTROL OVER IT. THEREFORE, EYECONTROL IRREVOCABLY DISCLAIMS ANY AND ALL RESPONSIBILITY AND/OR LIABILITY OF ANY KIND IN THIS REGARD.
6.4. YOUR DECISION TO USE THE PLATFORM AND/OR RELY UPON ANY ADVICE OR OTHER RECOMMENDATION ISSUED BY THE CARE PROVIDER BASED ON THE USE OF THE PLATFORM REFLECT THIS ALLOCATION OF RISK, AND YOU HEREBY DISCLAIM AND EXEMPT EYECONTROL FROM ANY AND ALL RESPONSIBILITIES AND/OR LIABILITIES RELATED, DIRECTLY OR INDIRECTLY, TO THE FOREGOING.
7.1. THE PLATFORM IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITH ALL FAULTS, DEFECTS, AND ERRORS, AND WITHOUT ANY WARRANTY OF ANY KIND. EYECONTROL SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, ARISING BY LAW OR OTHERWISE, REGARDING THE PLATFORM, ITS SUITABILITY FOR YOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, THAT THE USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ALL VULNERABILITIES AND DEFECTS WILL BE DETECTED, THAT THE PLATFORM IS FREE FROM VIRUSES OR OTHER HARMFUL CODE, OR THAT THE PLATFORM WILL NECESSARILY ASSIST THE USER IN ANY WAY.
7.2. EYECONTROL MAY, AT ITS SOLE DISCRETION, DISCONTINUE OR SUSPEND ACCESS TO THE PLATFORM AT ANY TIME AND FOR ANY REASON. EYECONTROL SHALL BE ENTITLED TO CHANGE THE SCOPE OF THE PLATFORM, ADD AND/OR OMIT SOME FEATURES, CHARGE FEES FOR THE USE OF THE PLATFORM, AND/OR EXECUTE ANY OTHER ACTION, AT EYECONTROL'S SOLE DISCRETION.
8. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EYECONTROL (INCLUDING ITS AFFILIATES, LICENSORS, BUSINESS PARTNERS, SERVICE PROVIDERS) BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LIABILITIES WHATSOEVER ARISING FROM, OR RELATING TO THE PLATFORM, THE SERVICES OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, EVEN IF EYECONTROL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOLE REMEDY AVAILABLE TO YOU FROM EYECONTROL OR ANYONE ON ITS BEHALF IN ANY SUCH EVENT AND NOTWITHSTANDING THE PROVISIONS OF ANY LAW, IS DISCONTINUANCE OF USING THE PLATFORM AND CLOSING YOUR ACCOUNT IN THE PLATFORM. WITHOUT DEROGATING FROM ANY OF THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF EYECONTROL TOGETHER WITH ANYONE ON OUR BEHALF UNDER THESE TERMS, IF ANY (INCLUDING OUR LICENSORS, BUSINESS PARTNERS AND/OR SERVICE PROVIDERS), IN CONNECTION WITH THE SERVICES WILL NOT EXCEED USD $100 (ONE HUNDRED US DOLLARS).
9. Release and Indemnification. You hereby release and forever discharge, and agree to indemnify, defend, and hold us, our officers, directors, employees, shareholders, agents, affiliates, harmless from all liabilities, claims, loss, and damages (of every kind, whether known or unknown and suspected or unsuspected), and including reasonable attorney's fees related in any way to your Use of the Platform not in accordance to the Terms. You also agree to indemnify us and hold us harmless from and against any and all claims brought by third parties arising out of your Use of the Platform.
10. Links to Third Party Websites. We may provide links within the Platform that permit Users to leave our Platform and enter third-parties’ sites or services. Those linked sites and services are provided solely as a convenience to you; the linking to those sites or services does not indicate any association with or endorsement by us. These linked sites and services are not under our control, and EyeControl is not responsible for the availability of such external sites or services, does not endorse, and is not responsible or liable for the content, policies or practices available from such linked sites and services or any link contained in linked sites or service. Most of such linked sites and services provide legal documents, including terms of use and a privacy policy, governing the use thereof. It is advisable to read such documents carefully before using those sites and services. Please note that your access and/or use of any such sites, services, and content are at your sole risk.
11. Termination. EyeControl may terminate these Terms at any time for any reason, or for no reason immediately upon notice. In the event of the termination of the Terms for any reason: (a) the license granted to you to Use the Platform under these Terms will terminate immediately; (b) You must immediately upon receiving any notice of termination cease all Use of the Platform.
12. Age restrictions; Our policy towards children. If you are not 18 years old or older, you may not Use the Platform and/or contact us. By Using the Platform and/or Services you hereby warrant and represent that you are not under the age of 18. If these age requirements are not met, you are required to obtain the consent of the parent or legal guardian to Use the Platform; lacking such consent, you may not Use the Platform. For additional information about our policy towards children, please visit our Privacy Policy.
13. Assignment. You may not assign or transfer these Terms, or any of your rights under these Terms without the prior written consent of EyeControl, and any attempted assignment without such consent shall be void.
14. Governing Law. These Terms shall be governed by the laws of the State of Israel (without giving effect to its conflict of law's provisions), and any matter, or dispute arising out of or in connection with them or in connection with the Platform or Services shall be subject to the exclusive jurisdiction of the competent courts located in Tel-Aviv, Israel.
15. Severability. If any term of these Terms is found to be unenforceable, or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of these Terms will remain in full force and effect.
16. No Waiver. No waiver of any right under the Terms will be deemed effective unless contained in writing signed by EyeControl, and no waiver of any past or present right arising from any breach or failure to perform will be considered to be a waiver of any future rights arising out of these Terms.
17. Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and us concerning the Use of the Platform, and supersede all prior agreements, proposals, negotiations, representations, or communications relating to the subject matter. Any update of these Terms shall be binding commencing on its publication (as detailed at the top of these Terms).
18. Contact Us. Should you have any questions or complaints regarding the Platform, Device, Services and/or the license granted herein, you may contact us by email at: hello@eyecontrol.co.il.