Terms of Use

These Terms of Use (the “Terms“) are a legally binding agreement by and between SOLO Wellbeing LTD. – an Israeli corporation with its registered offices at 24 Harakefet St. Zikhron Yaacov (“SOLO“, “we“, “us” or “our”) and any user of our Services (“You”, “Your(s)” or “User”).

You acknowledge that You have read and understood these Terms and that You accept and agree to be subject to them, as they govern the use of our Services.

SOLO develops, operates, and provides its customers (“Businesses” e.g., hospital, nursery home etc.) an online application which measures “third-age” User’s mood by detecting emotional facial features. We are doing so by using a User’s built-in phone/tablet camera (“Device”), and analyzing the user’s emotional state (the “App” or “Service(s)”).

  • Acceptance of these Terms

By clicking “Continue” You acknowledge that You have read, understood, and agree to be bound by these Terms. If You do not agree to accept all the provisions of these Terms, please do not click the “Continue” button and You must refrain from using our Services.

You agree that SOLO may change or modify any part of the Services, including their content, appearance, or any other feature, at any time, or to discontinue the Services or any part thereof, suspend or terminate Your access to any or all of the Services and refuse all current and future use of the Services. You further agree that certain statements made under these Terms are limited to Users who are competent to perform binding legal acts.

You represent that by accepting these Terms and/or by using the Services You are of the legal age to enter into a binding contract with SOLO.

  • Access to the Services

SOLO shall not be responsible to ensure that Your Device meets all the necessary technical specifications to allow You access and use of the Services. SOLO will not provide You with equipment to enter and/or use the Services. The Business is responsible for all charges including those collected by third parties relating to Your access to and use of the Services.

SOLO cannot guarantee that the Services will always operate without interruption, delay, or error. There are several factors that may affect the quality of Your communications and use of the Services and lead to Your inability to communicate, including without limitation Business’ local area network, Business’ firewall, Business’ ISP, Business’ public Internet, and power supply. SOLO assumes no responsibility for any disruption, or delay caused by any problem or discrepancy in any of these factors or other factors over which we have no control, including, without limitation, problems or delays arising from labor disputes, strikes, interruption of activity, shortage or failure ability to obtain electricity, raw materials or equipment, war, terrorism, riots or force majeure.

  • Registration to the App

After Downloading the App, You will be providing SOLO with the information required in the registration phase such as authentication information and personal information as specified in our Privacy Policy.

You are solely responsible for keeping such authentication information confidential. SOLO shall have no responsibility for the unauthorized use of any third party by using Your authentication information.

  • Account Termination

SOLO may refuse to grant access to the Services or suspend or terminate Your account without notice, for any reason, including without limitation any suspicion that these Terms have been infringed, unlawful or improper use of Your account, or unlawful or inappropriate use of the Services (As defined below), in products or intellectual property of SOLO, as determined by SOLO in its sole discretion. You may lose Your authentication information as a result of the termination or suspension of the account, without any liability on the part of SOLO for any damage caused by the foregoing.

You acknowledge that SOLO is not required to provide You with notice prior to suspension or termination of Your account. In the event that SOLO terminates Your account, You will not be able to participate or use the Services again without the express consent of SOLO. SOLO reserves the right to refuse to keep accounts and to provide access to other services to any person. You must not allow a person whose accounts have been terminated by us to use Your account. If You believe that any action has been taken against Your account by mistake, please contact us at: roy@imsolo.ai

  • Authorizations and Facial Recognition
    • In order to provide a User with our Service, User may grant SOLO various Authorizations to use the User’s Device functionalities, strictly for the purposes of performing the Services (“Authorizations”).
    • Authorizations to access a User’s Device may include but are not limited to access to Device’ camera, microphone and Wi-Fi.
    • Such Authorizations will be required and presented in full transparency on the App. You may give your consent to all Authorizations needed before using the App.
    • By accepting these Terms, User gives his full consent and authorizes SOLO to process and analyze his personal data, including but not limited to personal photos, by using facial recognition functionalities, strictly for the purposes of performing the Services.
    • User may cancel Authorizations at any point through the App. However, User acknowledge that SOLO may not be available to provide User with the Service without the required Authorizations.
    • SOLO may change from time to time the set of Authorizations required in its sole discretion. If You do not agree to the amendments in their entirety, Your only remedy is to discontinue the use of the Services and terminate any account that You created for use of the Services.
  • Rules of Conduct and Use

You warrant and acknowledge that You have full right and authority to use the Services and be bound by these Terms. You agree to comply with these terms and with all applicable laws, regulations, statutes, and local ordinances governing Your use of such Services. Without limiting the foregoing and in recognition of the global nature of the internet, You agree to comply with all local and international rules regarding internet conduct. You also agree to comply with all applicable laws that affect the transfer of content or the privacy of individuals.

You warrant that You will not attempt to deceive SOLO or other Users and that You will not act in bad faith in Your use of the Services. If SOLO determines that You have acted in bad faith and/or in breach of these conditions, or if SOLO determines that Your actions are not in accordance with reasonable standards, we may, at our sole discretion, terminate Your account and prohibit You from further using the Services. In addition to the foregoing, as an example and not as a limitation, You agree not to:

    • Create an account or access the Services if You are blocked or prohibited from receiving the Services pursuant to these Terms or any applicable law;
    • Transmit or otherwise distribute any material that is vulgar, obscene, pornographic, sexual, or otherwise abusive or objectionable;
    • Slander, ridicule, defame, stalk, intimidate, threaten, harass, or hurt anyone on the basis of race, ethnicity or otherwise;
    • Copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer (unless expressly authorized by or under applicable statutory law), or modify any part of the App and/or Services;
    • Upload or transmit (or attempt to upload or transmit) files containing viruses, trojans, worms, time bombs, cancelbots, corrupted files or data, or any other similar program that may interfere with the operation of the Services, or computers or mobile devices of other Users of the Services;
    • Violate any contractual, personal, intellectual or other rights of any party, including by using, uploading, transmitting, distributing or otherwise publishing any information or material made available through the Services in any manner that infringes copyright, trademarks, patents, commercial secrets or any other right of any party (including rights of privacy or publicity);
    • Create a false identity, multiple identities, multiple User accounts, create an account on behalf of someone other than yourself, use bots or other automated programs to defraud or otherwise violate these Terms and/or third party application terms;
    • Try to obtain passwords or other personal information from other Users, including personally identifiable information (whether text, image, or video), identification documents, or financial information;
    • Prepare and/or make representations regarding and/or in connection with SOLO that SOLO has not approved in advance and in writing. You must obtain prior written permission from SOLO for the content of any marketing ad and for any use of the trade name and/or trademarks and/or samples of SOLO in connection with the Services;
    • Rent, lease, sell, trade, give or otherwise transfer Your account to anyone without the prior written consent of SOLO;
    • Enter into or use an account that has been leased, sold, traded, given as a gift, awarded in succession or transferred in another produced account without the prior written consent of SOLO;
    • Violate any applicable law or regulation or encourage or promote any illegal activity including but not limited to copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking or distributing counterfeit software or fraudulent or hacking services;
  • Safety Warnings

Use the Services responsibly. To make sure that You and those around You are safe, be alert and aware of Your environment.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK  AND THAT SOLO WILL NOT BE LIABLE FOR ANY DAMAGE, DIRECT OR INDIRECT, ARISING FROM YOUR USE OF THE SERVICES. If You believe that You may be hurt or damaged as a result of the entry or use of the Services, whether directly or indirectly, please refrain from using the Services.

  • Third Party Materials

The Service may contain links to content published on other websites or online sources provided by third parties (“Third Party Materials“) such as YouTube music, video-clips and adds. we do not operate or monitor these websites and content. You may find these websites, or the information and content posted there objectionable or not compatible with your requirements. By linking to a certain website or online service, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such Third Party Materials, or their availability, or for any transactions or dealings made between You and such third-party websites or services.

  • Ownership of Intellectual Property

All copyrights and intellectual property in connection with the App and Services, of any kind, including the information, content, data, trademarks, appearance and design of the App and/or Services and any matter or detail relating to the App and/or Services are the sole property of SOLO or of third parties who have given permission to SOLO to use them. You may not copy, distribute, reproduce, sell, translate, or otherwise perform any kind of action in any kind of text, image, trademark, or any other information appearing on the App.

These Terms do not grant You or any other party intellectual property rights or other rights in and to the App, Services and/or the information or content contained therein.

  • Exempt clause; Limitation of Liability; Indemnity

You agree that Your use of the Services is at Your own risk. Services are provided on an “As Is” and “AS AVAILABLE” basis. You are solely responsible for any action or omission that may be performed by relying on the Services. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SOLO, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DO NOT PROVIDE ANY WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THE SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, PUNCTUALITY, PERFECTION AND TIMING.

SOLO assumes no liability for any:

    • Error, inaccuracy and/or incompatibility of any content;
    • Direct, indirect, special, incidental, punitive or consequential damages, including, without limitation, personal injury, property damage and/or financial damages of any kind arising from the use or inability to use the Services;
    • Unauthorized access to or use of Third Party Materials, secure servers and/or any personal information and/or financial information stored therein;
    • Interruption of transfer to or from the Services;
    • Results obtained as a result of using the Services;
    • The quality of any information or other material obtained by You through the Services;

WITHOUT DEROGATING FROM THE FOREGOING, SOLO, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, CONSULTANTS AND/OR EMPLOYEES SHALL IN NO EVENT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOSS OF PROFITS OR LOSS OF DATA, ARISING OUT OF YOUR USE OF THE SERVICES OR OTHER MATERIALS WHICH YOU HAVE ACCESSED FROM THE SERVICES, WHETHER BASED ON WARRANTIES, CONTRACTS, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW IN THE RELEVANT JURISDICTION. YOU EXPRESSLY ACKNOWLEDGE THAT SOLO WILL NOT BE LIABLE FOR ANY USER’S REPRESENTATION AND/OR OFFICIAL, INCIDENTAL, AND/OR ILLEGAL ACTION BY ANY THIRD PARTY AND THAT THE RISK OF ANY IMMEDIATE OR CONSEQUENTIAL DAMAGES AND/OR RELATED TO THE ABOVE IS APPLICABLE TO YOU.

In the event that You are dissatisfied with or disallow these Terms and/or Services, Your sole and exclusive remedy is to terminate Your use of the Services. You acknowledge that SOLO has no obligation, liability or other responsibility to You or to any other party.

Some laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to You, some or all of the above circumstances, exclusions or limitations do not apply to You and You may have additional rights.

You agree to indemnify and hold SOLO and any of its directors, officers, agents, contractors, partners and employees from any liability for any loss, liability, claim, demand, damage, compensation, costs and expenses, including reasonable attorneys’ fees related to any of the following:

    • Your use and access to the Services;
    • Your violation of any of these Terms;
    • Your breach of any third party rights, including without limitation, copyrights, intellectual property rights or privacy rights;
  • Messages

We may deliver any notices, including notices of changes to these Terms or to other matters by displaying messages or links to messages within the App. You agree that all agreements, notices, disclosures and any other communications sent by SOLO as aforesaid and all emails sent to You will constitute sufficient and valid communications with You, whether You have entered or read the message or not and will be deemed to have been sent to You, whether received by You or not.

  • General

By using the Services, You agree that all laws of the State of Israel, regardless of conflict of law rules and regardless of Your location, will govern these Terms and any dispute of any kind between You and SOLO. Any litigation or dispute between You and SOLO that will be wholly or partly derived from Your use of the Services shall be heard and/or litigated exclusively by a competent court located in the Tel Aviv District, Israel, and You agree and waive any claim of lack of local authority and inappropriate forum regarding place and jurisdiction of the courts of Tel Aviv, Israel.

Notwithstanding any conflicting law or legislation, You agree that any claim or cause of action arising out of or relating to the Services will be filed within one (1) year after the cause of action has occurred, otherwise the cause of action will be permanently dismissed.

Any non-enforcement by SOLO of any provision under these Terms shall not constitute a waiver of any further enforcement of any rights, covenant or of any other provision. If, for any reason, a competent court determines that any provision under these Terms is invalid or unenforceable, this provision shall be enforced to the extent possible and the remaining provisions of these Terms shall remain in force.

These Terms constitute the sole and exclusive understanding between You and us of their contents and supersede all prior or current agreement, correspondence or understandings, whether written or oral, relating to their contents.

We may revise these Terms. In such case, changes to these Terms will not apply retroactively and will become effective fourteen (14) days after we advise You of such changes, by email message to the address You provided us when You registered to the App. Your continued use of the App after the effective date of the amended Terms constitutes Your consent to the amended Terms. If You do not agree to the Terms, Your only remedy is to discontinue the use of the Services and terminate any account (as this term is defined below) that You created for use of the Services.

Please also refer to our Privacy Policy to review the terms and conditions governing how we manage, collect, store, and use the information You provide us in connection with our Services.

If You have any questions about these Terms or any other matter concerning SOLO or the Services, please contact us at roy@imsolo.ai

Last updated: 23 June, 2023