Terms of Services

Terms of Services

[updated on March 30, 2020]

These Terms of Services together with the following terms, as updated from time to time, constitutes the entire agreement between Ola Sens Inc. (“Ola” “We” “Our”) and its user’s (“you” “your”) for the Services (as defined below) provided by Ola: (collectively referred to as the “Agreements”):

  • Commercial Terms Form – available at: https://ola.ai/commercial-terms-form
  • Services Terms of Payment – available at: https://ola.ai/service-terms-of-payment
  • Ola Camera Terms of Purchase – available at: https://ola.ai/terms-of-purchase
  • Services End User License Agreement (“Services EULA”) – available at: https://ola.ai/service-end-user-license-agreement
  • Privacy Policy – available at: https://ola.ai/privacy-policy
  • Installation Guide – available at: https://ola.ai/installation-guide
  • Open Source Compliance Specification – available at: https://ola.ai/open-source-compliance-specification

Within these Terms of Services, the term “Services” shall be referred to the use of any of the following Ola services and/or products:

  • Ola Camera
  • Ola website that may be accessed at: https://ola.ai (“Site”)
  • Technical support services accessible through the Site (“Support”)
  • Ola mobile and tablet application (“Ola Apps”)
  • Ola Sense AI video and audio analysis (“Ola Sense”)
  • Subscription services, including services that can be accessed using Ola Apps or Site (“Subscription Services”)
  1. The Services
  1. Please read the Agreements carefully, such Agreements represents the entire understanding between Ola and yourself regarding the Services as may be updated from time to time.
  2. As a user, you shall be identified through your Login Information (as defined in section ‎4.1 below), and you shall be responsible for compliance with the provisions of the Agreements and for all the activities that occur under your Ola Account (as defined in section ‎4.1 below). Without derogating from the provisions of section ‎5 below such responsibility shall include any use of the Services by any individual or entity to which you have granted access to your Ola Account, or any individual or entity using the Services on your behalf.
  3. Upon the earlier of, you checking “I agree”, where applicable or upon you using the [Subscription Services/Services] via the Ola App or Site, you shall be deemed to have confirmed and agreed that you have read the Agreements, understood them, and that such confirmation and agreement constitutes as a valid and legally binding contract between yourself and Ola. Additionally, you shall be deemed to have confirmed that you are of legal age to form a binding contract for engaging in the activities offered in connection with the Subscription Services and all other Services as required under the laws of any jurisdiction, whichever is higher. If you confirmed and agreed to the terms of the Agreements, as set forth above, on behalf of a corporation or another legal entity, you shall have been deemed to have represented and warranted that you have the authority to bind such entity to the terms and conditions contained within the Agreements.
  4. If you do not agree to any of the terms of the Agreements, Ola may be unwilling to grant you access to the Subscription Services and/or any other Services. If you are unwilling to accept all of the terms of the Agreements or are in need of additional information, please do not check the “I agree” checkbox where applicable and avoid or discontinue your use of the Subscription Services or any other Services.
  5. You may not use the Services and may not accept the Agreements if you are an entity and/or person barred from receiving the Services under the laws of the country in which you are a resident or from which you use the Services. If the Services or any part thereof are determined to be illegal under the laws of the country in which you are situated, you shall not be granted any right to use the Services, and must refrain from using the Services.
  6. Ola reserves the right, at its sole discretion, to revise or modify the Agreements at any time, and you agree to be bound by such revisions or modifications. These changes will apply at that instant to all then current and subsequent uses of the Services. You agree that you shall have the responsibility to review the Agreements periodically and hereby waive any right you may have to receive specific notice of such changes or modifications. Without derogating from the above, Ola may notify you of a change or amendment to the Agreements by sending you a notification when you next start and/or log in to the Site or Ola App or by sending you an e-mail, all in accordance to Ola’s sole discretion. Your continued use of the Services shall be deemed as an act of acceptance of such changes or modifications. If you do not agree to the Agreement as updated from time to time, your sole remedy shall be to discontinue its use of the Services and to cancel any Ola Accounts you may have created for use of the Services. If you do not agree to the Agreements in effect when you access or use the Ola Site or Ola App, you must stop using the Services.
  7. Subject to your compliance with the provisions outlined in the Agreements and payment of all applicable fees, Ola grants you the right, during the Term (as defined ‎7.1), to use the Subscription Services and all other Services all in accordance to such fields marked and agreed upon by yourself in the Commercial Terms Form and solely for ________ (“Purpose of Use”). The use of the Services shall be solely for your own, private, non-commercial purposes and for no other purpose whatsoever. You hereby acknowledge that your right to use the Services is limited by the terms of the Agreements.
  8. Subject to your compliance with the Agreements, as part of the Services and to the extent needed in order to receive the Services, Ola grants you a personal, revocable, non-exclusive and non-transferable limited End User License to install during the Term Ola software on your mobile phone, tablet, computer or other consumers electronic device (“Device”) for the Purpose of Use. The terms of Services End User License are available at https://ola.ai/ service-end-user-license-agreement(the “Services EULA”).
  9. Ola may make modifications, additions and upgrades to the Services and any software provided through the Ola Site, Ola App or the Ola Camera, as it deems necessary. If and when such modifications, additions and upgrades are developed by Ola for general commercial use by its customers, Ola shall make them available to you. The terms of the Agreements will apply to any updates that Ola may make available you. For the removal of doubt, it is clarified that Ola is under no obligation to develop or release any updates or upgrades.
  10. The Service is not intended for children under the age of 16. Ola does not, knowingly or intentionally, collect information about children who are under the age of 16. Without derogating from the foregoing, and subject to the requirements of the applicable law, some users may use the Services if the consent of a parent or a legal guardian was provided and they agree to be bound by the terms of this Privacy Policy.

IF YOU ARE UNDER THE AGE OF 16 YOU MAY NOT USE THE SERVICES, UNLESS PARENTAL CONSENT IS PROVIDED ACCORDINGLY

  1. All open-source software used in connection with the Services will be subject to all terms of the relevant open source license agreements or distribution models, all as further specified in https://ola.ai/ open-source-compliance-specification (“Open Source Compliance Specification”).
  1. Ola Camera installation and use of services
  1. The installation of an Ola Camera in the location chosen by yourself (“Customers Premises”), shall be at your sole responsibility. Prior to installing an Ola Camera at the applicable Customers Premises, you shall be responsible to obtain and secure, throughout the entire Term, all permits, approvals and consents, as required by any applicable law to install an Ola Camera and use the Services at such Customers Premises.
  2. You hereby confirm that you are aware that it may be required to display a notice that the Services are being uses at the applicable Customers Premises and/or when applicable, obtain explicit consents of such Customers Premises visitors in order to use the Services.
  3. You are solely responsible for providing the equipment, infrastructure and all third-party software, hardware and license(s) required for running the Services, and in any event shall meet those minimum site requirements as detailed the Installation Guide and as shall be provided by Ola from time to time.
  4. For instructions in regards to Ola Camera installation and for other details in regards to Safety, disability, FCC, and CE notices, please visit https://ola.ai/ installation-guide (“Installation Guide”).
  1. Support and Maintenance
  1. Ola makes no representation or warranty that the Services will be accessible at all times. You acknowledge and agree that the Services and/or any of Ola’s software, maybe from time to time: (i) automatically updated, upgraded or modified; and/or (ii) inaccessible or inoperable at any time and for any reason, including without limitation due to equipment malfunctions, unscheduled maintenance or repairs, or causes that are beyond Ola’s reasonable control or not reasonably foreseeable by Ola, including  without  limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.
  2. If the Services become inaccessible to users or not fully functional, other than due to scheduled maintenance, Ola shall use commercially reasonable efforts to respond and endeavor to remedy such unavailability or failure of functionality as soon as reasonably possible.
  3. You hereby confirm that you are: (i) aware that the Services operation depend and rely on third party products, services and infrastructure; and (ii) that you shall be responsible to ensure that your Device(s), operating systems, computer networks and network connections, telecommunications facilities meets all the necessary technical specifications to enable it to access and use the Services. Any failure or slowdown of the foregoing may directly or indirectly affect the manner and reliability in which the Services are provided and/or the function.
  4. Although the Services may be accessible worldwide, they may not be available to all persons or in all countries. Ola makes no representation or warranty that any of the Services will work and/or supported  and/or be functional and/or available from outside the U.S. (“Target Country”).
  5. You hereby confirm that you are aware that the Services are not intended to replace services offered by any applicable emergency and/or security services alarm systems, including such emergency and/or security services and/or alarm dispatch centers.
  6. For further information, please Contact Ola at https://support.ola.ai (“Ola Contact Details”).
  1. Ola Account
  1. In order to install the Ola Camera and in order to access the Subscription Services through the Ola App and/Site, you shall be required to register and create your own and personal Ola Account (“Ola Account”). When registering to create an Ola Account you are required to select a password and provide certain information as specified in the Commercial Terms Form (“Login Information”).
  2. As part of the registration process, you agree to provide Ola with accurate and complete information and to update that information promptly after it changes. Additionally, you represent and warrant that you have full right and authority to provide Ola with the foregoing information, including, without limitation, any third party’s consent (to the extent required under any applicable law).
  3. Any Login Information you shall provide Ola when creating or updating the Ola Account will be held and used in accordance with Ola’s Privacy Policy available at https://ola.ai/privacy-policy .
  4. You hereby confirm and agree that during the Term you shall be required to fully comply with the following provisions:
  1. You shall not share your Ola Account or Login Information, nor let anyone else access your  Ola Account or do anything else that might jeopardize the security of your Ola Account;
  2. In the event you become aware of or reasonably suspects any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of its Login Information or unauthorized access to your Ola Account, you shall immediately notify Ola of such breach and promptly modify your Login Information;
  3. You shall be solely responsible for: (i) maintaining the confidentiality of the Login Information, and will be responsible for all uses of your Login Information, whether or not authorized by it; and (ii) anything that happens through your Ola Account, whether or not such actions were taken by yourself, including, for the avoidance of doubt, actions taken by third parties. You, therefore, acknowledge that your Ola Account may be terminated if someone else uses it to engage in any activity that violates the Agreements or is otherwise improper or illegal;
  4. You undertake to monitor your Ola Account and restrict use by any individual barred from accepting the Agreements and/or receiving the Services, under the provisions listed herein or any applicable law. You shall accept full responsibility for any unauthorized use of the Services by any of the above mentioned;
  1. Ola reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.
  1. Rules of Services Usage;
  1. You hereby represent and warrant that you have the full right and authority to use the Services and to be bound by the Agreements. You agree to comply fully with the Agreements and all applicable domestic and international laws, regulations, statutes, ordinances that govern your use of the Services. Without limiting the foregoing and in recognition of the global nature of the Internet, you hereby agree to comply with all local and international rules and/or regulations, including without limitation, those applicable laws, rules and/or regulations which relate to the transmission and distribution of information or material over the Internet and to Internet usage in general, and to privacy and data protection and shall be responsible, at its sole cost, to obtain any mandatory or regulatory permits, licenses and/or approvals (if any), required for the use of the Services.
  2. You understand and accept that the Services are not designed for use in a non-Target Country and that some, or all, of the features of the Services, may not work or be appropriate for use in such a country. To the extent permissible by law, Ola accepts no responsibility or liability for any damage or loss caused by your access or use of the Services in a non-Target Country. Nevertheless, If you choose to use the Services and/or access the Subscription Services from outside a Target Country, you shall do so on your own initiative, and you will be: (i) bound by the Agreements wherever you use the Services and/or access the Subscription Services; and (ii) solely responsible for complying with all applicable local laws.
  3. You undertake not to use any of the Services for no matter other than the Purpose of Use. You agree that your use of the Services shall be at its sole risk. YOU ARE AWARE THAT THE SERVICES ARE NOT MONITORED TO ANY EMERGENCY AND/OR SECURITY AND/OR ALARM NOTIFICATION SYSTEM AND THAT SERVICES ARE NOT INTENDED TO REPLACE SERVICES OFFERED BY ANY APPLICABLE EMERGENCY AND/OR SECURITY SERVICES AND/OR ALARM SYSTEMS, INCLUDING SUCH EMERGENCY AND/OR SECURITY SERVICES AND/OR ALARM DISPATCH CENTER. YOU SHALL, UNDER NO CIRCUMSTANCE, DEPEND OR RELAY ON THE SERVICES FOR LIFE SAFETY, SECURITY OR OTHER PURPOSE.
  4. You undertake that your use of the Services shall be lawful and not to defraud, or attempt to defraud, Ola or other users and that you shall not act in bad faith in while using the Services. You hereby agree that in case that Ola determines that you have acted in bad faith and/or in violation of the Agreements, or if Ola determines your actions fall outside of reasonable community standards, Ola may, at its sole discretion, terminate your Ola Account and prohibit you from using the Services. In furtherance of the foregoing, and as an example and not as a limitation, you hereby agree that by using the Services you shall not act as follows:
  1. Create an Ola Account or access the Services you are barred from receiving the Services under the provisions of the Agreements or any applicable law;
  2. Grant access, rent, lease, sell, transfer, assign and/or sublicense the Ola Account to any person or entity.
  3. Promote, host, display or implement the Services or any information received thereof, on websites that: (i) contain indecent, obscene or pornographic material, hate speech, defamatory, libelous, obscene, gambling-related, discriminatory, deceptive, abusive spyware, adware, or other malicious programs or code, unsolicited mass distribution of email, or any illegal subject matter or activities or otherwise offensive content, or content addressed to individuals under the age of 18; (ii) incorporate any materials that infringe or assists others to infringe on any copyright, trademark or other intellectual property rights; (iii) are an incentive-based website, such as a lottery or sweepstakes site which rewards users for clicking on links; (iv) engage in activities that violate Ola’s Privacy Policy; (v) openly encourage users to click on banner ads or other sponsored links to support the site; or (vi) infringe any right of any third party or violate any applicable law or regulation;
  4. Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically or in any other manner;
  5. Copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except if expressly authorized by Ola or by applicable statutory law), modify or alter any part of Ola’s software;
  6. Upload or transmit (or attempt to upload or transmit) files that contain viruses, trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or the computers of other users of the Services;
  7. Advertise, solicit or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim or spam) to anyone;
  8. Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Services in any manner that infringes any copyright, trademark, design, patent, trade secret, or other rights of any party (including rights of privacy or publicity);
  9. Create false personas, multiple identities, multiple user Ola Accounts, set up an Ola Account on behalf of someone else, use bots or other automated software programs to defraud or which otherwise violate this Agreement and/or the terms of service of any third-party applications;
  10. Attempt to obtain passwords or other private information from other members including personally identifiable information (whether in text, image or video form), identification documents, or financial information;
  11. Upload or transmit (or attempt to upload or to transmit), without Ola’s express consent, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware”, “passive collection mechanisms” or “pcms”);
  12. Improperly use the Support or make false reports to Ola;
  13. Develop and distribute “auto” software programs, “macro” software programs or other “cheat utility” software programs or applications;
  14. Encourage any third party to: (i) directly or indirectly generate usage, queries, impressions, or clicks through any automated, deceptive, fraudulent or other invalid means; (ii) edit or modify any tag, or remove, obscure or minimize any tag in any way; or (iii) engage in any action or practice that reflects poorly on Ola or otherwise disparages or devalues Ola’s reputation or goodwill;
  15. Make representations with respect to Ola not approved in advance and in writing by Ola.
  16. Rent, lease, sell, trade, gift, bequeath or otherwise transfer your Ola Account to anyone without Ola’s prior written consent;
  17. Access or use an Ola Account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the Ola Account creator without Ola’s prior written consent;
  18. Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
  19. Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services;
  20. Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Services; and/or
  21. Interfere with the ability of others to enjoy using the Services, including disruption, overburden or aid the disruption or overburdening of the Services’ servers, or take actions that interfere with or materially increase the cost to provide the Services for the enjoyment of all its users.
  1. Consideration
  1. In consideration for the Services provided by Ola under the Agreements, you shall pay Ola the fees stated in the Commercial Terms Form (“Fees”).
  2. Free trial of one month with access to all premium features.
  1. Term and Termination
  1. Term. The term of the Agreements shall commence as of the date on which you check “I agree” where applicable or upon you using the [Subscription Services/Services] via the Ola App or Site, and shall remain in effect unless and until terminated in accordance with the terms hereof  (“Term”).
  2. Termination of Agreements. Either you or Ola may terminate this Agreement, upon thirty (30) days prior written notice, for any or no reason, provided however that: (i) if Ola terminates the Agreements pursuant to this Section ‎7.2, it will refund to you for fees paid for the unused Services, pro-rated, and (ii) if you terminate the Agreements pursuant to this Section ‎7.2, you shall not be entitled to any refund.
  3. Termination for Cause.
  1. If Ola determines that you have acted in bad faith and/or in violation of the Agreements, or if Ola determines that your actions fall outside of reasonable community standards, Ola may, at its sole discretion, terminate or suspend the Term, and your Ola Account and prohibit you from using the Services. In such cases, you may lose your user-name as a result of the Ola Account termination or suspension, without responsibility on the part of Ola for any damage that may result from the foregoing. If you have more than one Ola Account, Ola may suspend or terminate all of your Ola Accounts.
  2. Either you or Ola shall have the right to immediately terminate the Agreements, upon written notice, in the event the other you or Ola files a petition in bankruptcy or is adjudicated as bankrupt or insolvent, or makes an assignment for the benefit of creditors, or an arrangement pursuant to any bankruptcy law, or discontinues its business or has a receiver appointed for its business and such receiver is not discharged within sixty (60) days.
  3. If your Ola Account is terminated, suspended and/or if any benefits are selectively removed or revoked from your Ola Account in accordance to the provisions set forth in this section ‎7.3, no refund will be granted, no benefits will be credited to you or converted to cash or other forms of reimbursement, and you not shall any further access to your Ola Account or benefits associated with your Ola Account or such particular Service.
  4. You acknowledge that Ola is not required to provide you notice before suspending or terminating your  Ola Account or selectively removing or revoking benefits associated with your Ola Account. In the event that Ola terminates your Ola Account, you may not participate nor make use of the Services again without Ola’s express consent. Ola reserves the right to refuse to keep your Ola Accounts data and provide access to the Services to any individual. If you believe that any action has been taken against your Ola Account in error, please contact Ola at : https://support.ola.ai
  1. Termination Due to Non-Use. Ola may terminate the Agreements by giving you notice in the event that no activity or use of the Services has been made by yourself during a consecutive period of 6 months.
  2. No Liability for Termination or Non-renewal.  Ola will not have any liability for terminating or not renewing the Agreements. In addition, you agree that you will not be entitled to any compensation, damages or payments with respect to the termination of the Agreements, regardless of the reason for or method of termination or non-renewal of the Agreements.
  3. Effects of Termination. Upon termination or expiration of the Agreements, you shall immediately discontinue using the Services and pay any fees due to Ola for Services provided prior to termination. Additionally: (i) you will have no further right to access or use the Services (this excluding services rendered as part of the Free Subscription Trial Modal); and (ii) all videos older than 24h will be deleted from your Ola Account.
  4. Survival. Termination of the Agreements shall not affect any provision of the Agreements which are expressly or by implication intended to come into force or continue in force on or after the termination, including sections ______ herein.
  1. Intellectual Property Rights
  1. Ownership of Intellectual Property. You hereby acknowledge Ola’s or Getalert Ltd.’s (“Getalert”) exclusive right, title and interest in and to the Services and to any and all Intellectual Property Rights (as defined below) evidenced thereby, embodied therein, and/or attached, connected or related thereto and any derivatives thereof including but not limited to all materials, any computer software (in object code and source code form), data or information employed or received by Ola pursuant to the Agreements, modifications, improvements, updates, upgrades, enhancement, added features, inventions, ideas, insights, concepts, methods, designs, know-how, and processes relating to the same, whether created, developed, discovered or conceived in connection with the Agreements or otherwise including any other Intellectual Property Rights therein, and regardless of whether you or anyone on its behalf may have contributed to the conception of any of the foregoing, or paid Ola for such, are and shall at all times vest exclusively with Ola or Getalert, and may not be used by yourself or anyone on your behalf including your subsidiaries or parent company or any other related party, except as expressly provided herein (“Ola IP”).

For purposes of this Agreement, “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in or attached/connected/related to the Services, including without limitation: all inventions, patents, patent applications, trademarks, service marks, trade dress, logos, designs, trade names, and corporate names, domain names, any work of authorship, copyrights, trade secrets, Confidential Information, and all other proprietary rights in whatever form or medium, in each case on a worldwide basis; together with all revisions, extensions, reexaminations, translations, adaptations, derivations, and combinations thereof and including all goodwill associated therewith.

  1. Feedback. You agree to provide Ola or any on its behalf, from time to time, as reasonably requested by Ola with feedback concerning the functionality and performance of the Services, including, without limitation, identifying potential errors, enhancements, and improvements. Any feedback, suggestions, ideas or other inputs that you shall provide to Ola in connection with the Services may be freely used by Ola or Getalert to improve or enhance its products and services and, accordingly, all rights to such improvements and/or enhancements, howsoever arising, including as a result of any ideas, inputs or information provided by yourself as aforesaid, shall vest solely with Ola or Getalert.
  2. Restrictions on Use. Your use of the Services is limited to the Purpose of Use. You will not, and will not allow, permit or assist any third party: (i) to attempt to discover any source code or underlying ideas or algorithms of the Services; (ii) reverse engineer, disassemble, de-compile, translate, private label, or grant any other third party the right to do any of the above; and (iii) provide, lease, rent, lend, license, assign, delegate, or otherwise transfer or use or allow others to transfer or use the Services or any output generated by the Services for the benefit of any third party.
  1. Confidentiality
  1. Confidential Information (as defined below) of Ola shall be retained by yourself in confidence until such information becomes public through no action or inaction of yourself, and shall be used, disclosed, and copied solely for the purposes of, and in accordance with, this Agreement. If needed, you may disclose Confidential Information to those employees solely with a need to know of such Confidential Information for the Purpose of Use, and who have executed an obligation of confidentiality and restriction of use similar to the terms hereof. You shall use the same degree of care as you use to protect your own confidential information of a similar nature, but no less than reasonable care, to prevent the unauthorized use, disclosure or publication of the Confidential Information.

“Confidential Information” means any and all information disclosed by Ola which is: (i) not publicly available, including but not limited to patent, patent application, trade secret and proprietary information, techniques, sketches, drawings, models, inventions, designs, know-how, processes, apparatus, equipment, computer code and algorithms, and (ii) information relating to marketing plans, business opportunities, personnel, research, development or know-how. Without derogating from the generality of the foregoing, the Services.

It is hereby agreed that, without limiting the foregoing, all Intellectual Property Rights in and to the Services and/or the Ola IP, and any and all documentation, user guides, manuals, system requirements, operating instructions, training, pricing rates, and terms and other data and materials related to the foregoing or made available by Ola to yourself pursuant to the Agreements and Services, are considered as Confidential Information of Ola.

  1. Ola shall have the right to seek injunctive or other equitable relief to protect its Confidential Information and Intellectual Property Rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
  1. Data Management
  1. In using the Services, you will adhere to all applicable laws including but not limited to export laws and regulations, whether, under U.S., E.U., Israeli or foreign countries and laws regarding the transmission and distribution of information or material over the Internet, privacy rights and data protection, and will otherwise adhere to generally accepted standards of usage.
  2. You are aware and agree: (i) to the terms of the Privacy Policy, which set forth and describes how Ola collects and processes your information when you subscribe and use the Services; and (ii)(a) that Ola has no obligation to review any of information that Ola collects for its accuracy or completeness, or for their potential violation of any third party rights and/or violation of any privacy rights, and/or to check or monitor any such contents for any of the foregoing before or during any provision of Services thereof, and (b) that you bear the entire responsibility and liability in connection with such information and/or their transference, use and analysis.
  3. Without derogating from any of Ola’s rights and remedies under the Agreements and/or under applicable law, Ola will be entitled, at its sole discretion, to immediately discontinue the Services or any part thereof in the event of any alleged infringement, misappropriation or violation of any rights of any third parties in connection with such information.
  4. Security Measures. Ola implements commercially reasonable physical, technical, administrative and organizational safeguards to protect data against unauthorized processing and against accidental loss or destruction in accordance with accepted industry security practices. Ola shall ensure that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
  1. Services – Disclaimer of Warranty; Warranty; and Limitations of Liability
  1. The warranty terms set forth hereunder do not apply in any manner to the Ola Cameras. For information in regards to Ola’s warranty terms in regards to the Ola Cameras, please see Ola’s Ola Camera Terms of Purchase at https://ola.ai/terms-of-purchase
  2. Ola does not warrant nor make any representation regarding the results, performance correctness, accuracy, completeness, reliability or otherwise of the Services and/or any information provided by Ola. You are aware that the use of the Services depends and relies on third-party service providers and third party products, services and infrastructure engaged by Ola or yourself. A number of factors may impact the quality of your communications and use of the Services and may result in the failure of the Services communications, including, without limitation, the productivity, completeness, reliability of the: local network, firewall, internet service provider, the public internet and power supply. Any failure or slowdown or unavailability of the foregoing may directly or indirectly affect the manner in which the Services function. You are aware that any failure or slowdown or unavailability of third-party products, services, and infrastructure are beyond Ola’s control and Ola takes no responsibility for any disruption, interruption or delay caused by any failure of, or inadequacy in any of these items or any other items over which we have no control, including, but not limited to, failures or delays resulting from labor disputes, strikes, lockouts, war, terrorism, riot, or acts of God. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT ITS SOLE RISK AND THAT YOU ARE AWARE THAT THE SERVICES ARE NOT: (I) MONITORED TO OR BY ANY EMERGENCY AND/OR SECURITY NOTIFICATION SYSTEM AND/OR ALARM SYSTEMS; (II) NOT INTENDED TO REPLACE SERVICES OFFERED BY ANY APPLICABLE EMERGENCY AND/OR SECURITY SERVICES AND/OR ALARM SYSTEMS, INCLUDING SUCH EMERGENCY AND/OR SECURITY SERVICES AND/OR ALARM DISPATCH CENTER. Ola makes no warranties or representations that the Services will be accessible and functional 24 hours per day, 7 days per week and that that the Services will affect or increase any level of safety, security or any other purpose required by yourself.
  3. Except for the limited warranties set forth herein, the Services and/or components provided therein are provided “AS IS” and “AS AVAILABLE” basis. You shall be solely responsible for any and all acts or omissions taken or made in reliance on the Services. To the fullest extent permitted by law, Ola its officers, directors, employees, and agents disclaim any and all other warranties, whether express or implied, including, without limitation, any implied warranties of merchantability, title, fitness for a particular purpose or use, satisfactory quality, non-infringement, accuracy or completeness of the content of the Services or contents of any sites linked to the Services, that any data stored with Ola will be secure or otherwise not lost or damaged, or that the Services will be uninterrupted or error free. No oral or written information or advice given by Ola, its employees, distributors, dealers or agents shall increase the scope of the above warranties or create any new warranties.
  4. Ola makes no warranties or representations about the accuracy or completeness of the Services and assumes no liability or responsibility for any:
  1. errors, mistakes, inaccuracies, non-suitability or non-conformity of any content.
  2. Direct, indirect, special, incidental, punitive or consequential damages including without derogating personal injury, property damages and/or monetary damages, of any nature whatsoever, arising out of the use of or the inability to use the Services;
  3. Any unauthorized access to or use of Ola’s servers and/or any and all personal information and/or financial information stored therein.
  4. any interruption or cessation of transmission to or from the Platform;
  5. any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party;
  6. the quality of any information, or other material obtained by you through the Services;
  7. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the Services.
  8. any content which is published, displayed and/or suggested through the Services, its integrity, accuracy and/or reliability; or
  9. damages and losses due to the operation, failure or slowdown or unavailability of third products, services and infrastructure.
  1. Without detracting from the above, Ola or anyone on its behalf shall not be liable toward yourself or any third parties for indirect, direct, special, incidental, consequential or punitive damages, including, without limitation, any damage or injury to business earnings, lost profits or goodwill, business interruption, loss of business information, and/or personal injury, suffered by any person arising from and/or related with and/or connected to the use of or the inability to use the Services and any materials and/or components provided therein, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence) or otherwise,
  2. Notwithstanding  anything to the contrary herein, under no circumstances will Ola or anyone on its behalf’s aggregate liability towards yourself from all causes of action of any kind, including without limitation contract, tort, negligence, strict liability, breach of warranty, or otherwise, arising out of or related to this Agreement, exceed the fees actually paid to Ola under the Agreements in the twelve (12) months period immediately prior to the date the cause of action arose.
  1. Indemnification
  1. To the fullest extent permitted by applicable law, you shall defend, indemnify and hold Ola, its affiliates, and their respective officers, employees and agents, harmless from any and all claims, suits, demands, or proceedings brought against Ola by a third party (including Customers) insofar and to the extent that such claims are due to or arise out of:
  1. your misuse or modification of the Services;
  2. any representation or warranty made by yourself concerning the quality, performance or other characteristics of the Services, inconsistent with the Agreements;
  3. infringement made by yourself, anyone on your behalf or under its permission, of intellectual property of any third party;
  4. a breach of your undertakings, representations, and warranties contained herein and/or breach of the terms of the Agreements or any applicable laws;
  1. Ola reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify Ola, and you agree to cooperate with Ola defense of such claims. You further agree not to settle any such claim without Ola’s prior written consent.
  1. Miscellaneous
  1. Independent Contractors. Nothing contained herein shall be deemed to create a joint venture, partnership, or agency relationship between Ola (and anyone on its behalf) and yourself.
  2. Assignment. You shall not transfer, assign or pledge in any manner whatsoever any of its rights or obligations under the Agreements without the prior written consent of Ola. Any unauthorized transfer of rights under this Agreement by yourself shall grant Ola the right to cause the immediate termination of this Agreement. Ola may transfer, assign or pledge its rights or obligations under the Agreements.
  3. Severability. If any portion of the Agreements are determined to be or becomes unenforceable or illegal, such portion shall be deemed eliminated and the remainder of the Agreements shall remain in effect in accordance with its terms as modified by such deletion.
  4. Notices. Notices sent to Ola shall be sent to https://support.ola.ai , and notices sent to you shall be sent to the address set forth in the Commercial Terms Form. Either party may change its address for notice by providing notice thereof to the other party in accordance with this section. Any such notice will be deemed as being received on the date of transmission of e-mail or personal delivery unless given outside normal business hours in which case such notice shall be deemed as being given on the next business day, or if sent by registered mail, on the fifth day after being sent (unless such day is not a business day in which event the notice shall be deemed as being given on the next business day).
  5. Entire Agreement. The Agreements, shall constitute the entire agreement between Ola and yourself with respect to the subject matter hereof and supersedes all prior proposals, agreements, negotiations, understandings, and other communications between Ola and you.
  6. Governing Law. The Agreements will be governed by and construed in accordance with the laws of the __________ without giving effect to principles of conflict of law. This Agreement expressly excludes and disclaims the terms of the UN Convention on Contracts for the International Sale of Goods, which Convention shall not apply to any transaction under this Agreement. All actions, suits or proceedings under or related to this Agreement shall be adjudicated in the courts of __________, to the exclusion of any other jurisdiction, and the Parties hereby irrevocably consent to the exclusive jurisdiction and venue of such courts.
  7. Force Majeure. Ola shall not be in default, or held responsible, for damages caused by delay or failure to perform in full or in part its obligations under the Agreements (other than payment obligations) where such delay or failure is due to circumstances, such as fires, strikes, acts of God, war or acts of terrorism, or other causes which are beyond the control of the Ola.
  8. Waiver. The failure of Ola to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall not be deemed a waiver by Ola as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
  9. No provision of this Agreement shall inure to the benefit of any third party, including without limitation your end-users, and no end-user or any other third party whatsoever shall be a third-party beneficiary to the Agreements or have any rights hereunder.