Service Agreement

Effective Date: July 31st, 2024

Welcome to ORB Vision Technologies Limited (referred to as ORB Vision Technologies), an innovative AI-augmented reality advertising platform ("App"). Hereinafter referred to as "we," "us," or "our." "App" refers to ORB Vision Technologies, including any services provided through the App. Our platform leverages advanced AI technology to recognize logos and deliver popup notifications via your mobile device's camera, providing a unique and engaging advertising experience.

By accessing any part of our mobile application, you agree to comply with the terms and conditions set forth in this document. These Terms and Conditions apply to all users and businesses, so it is crucial that you read and understand them before using our platform. If you do not agree with any part of these terms, please do not use our app or any of its services. Note that any new features or tools added to the app will also be subject to these terms.

To use the app, you must be at least thirteen (13) years old. By using our platform, you confirm that you have read and agree to these Terms and Conditions. This forms a legally binding agreement, governed by the laws of Hong Kong, between you and ORB Vision Technologies. If you do not accept these terms, you must refrain from using the app or any associated content or services. The terms "you" or "your" refer to the individual or entity identified as the user upon registration on the platform.

We are excited to offer this groundbreaking service to our valued users and look forward to enhancing your advertising experience with our cutting-edge technology.

1. Acceptance of terms and privacy policy

1.1 By accessing and using our Platform, you agree to our Terms and Conditions and Privacy Policy. By providing your personal information and using our services, you confirm that you have read, understood, and consent to our Terms of Use and Privacy Policy. Acceptance of these terms and policies is a requirement for using our AI-augmented reality advertising platform. If you do not agree with any part of these Terms of Use or Privacy Policy, please do not use our app.

2. Services Overview

2.1 We provide an innovative AI-augmented reality advertising platform that enhances your advertising experience by recognizing logos and displaying popup notifications via your mobile device's camera. This platform connects businesses with users globally, allowing businesses to promote their products and services through real-time, engaging advertisements.

2.2 Businesses can register on our backend system to upload their logos and advertising content, which our AI model uses to trigger notifications when the logos are detected by users' cameras. These services are designed to offer businesses a unique and effective way to reach potential customers.

2.3 Depending on the business and the content provided, these advertising services may involve third parties, including our technical partners, AI model providers, and other service providers ("Third Party Providers") who assist in delivering a seamless and effective advertising experience.

3. Platform Terms

3.1 You may use this platform solely for lawful purposes and in accordance with these Terms and Conditions.

3.2 You agree not to:

Engage in any unauthorized commercial use of the platform or its content;
Interfere with the security of the platform or attempt unauthorized access to the platform or its server systems;
Use the platform to transmit any illegal, harassing, defamatory, obscene, or otherwise objectionable material;
Violate any applicable laws or regulations;
Impersonate others or provide false information; you must provide accurate and up-to-date information;
Engage in unlawful, misleading, or fraudulent activities;
Misuse reporting, dispute, or appeals channels by making fraudulent or groundless claims;
Attempt unauthorized creation of accounts or collection of information;
Sell, license, or purchase any data from our service;
Post someone else's private or confidential information without permission.

3.3 We reserve the right, without obligation, to:

Modify or terminate the platform or its services in whole or in part;
Limit or terminate your access to any part of the platform or its services;
Refuse, move, or remove any content available on the platform or any material you submit to it.

3.4 We retain all rights to content protected by intellectual property that we provide through our service.

3.5 Content Submission:

Some parts of the platform services allow you to upload or submit content (such as text, images, videos, and other materials). You retain all rights to any content you upload and are solely responsible for it. By uploading content, you represent and warrant that you own the content or have the right to grant us a license to use it. You grant us a non-exclusive, royalty-free, worldwide, transferable, sublicensable, perpetual license to use, store, display, perform, reproduce, modify, create derivative works from, or distribute any such content. We may remove any content that violates these Terms or any Platform policies at our sole discretion.

4. User Disclaimer

4.1 The content displayed in the App is the sole responsibility of the businesses that register and advertise on our platform. We do not endorse or verify the accuracy of any content displayed in the App.

4.2 You acknowledge and agree that we are not liable for any claims, damages, or losses arising from the content displayed in the App.

5. Business Registration & Disclaimer

4.2 You acknowledge and agree that we are not liable for any claims, damages, or losses arising from the content displayed in the App.

6. Subscription & Cancellation

6.1 Businesses may choose to subscribe to our advertising platform for an annual fee.

6.2 Businesses may cancel their subscription at any time after paying any outstanding fees.

6.3 Upon cancellation, a prorated refund will be issued based on the remaining days in the subscription period.

7. Access to License Terms

7.1 License to Use:

Subject to your acceptance and adherence to this Agreement, We grant you a non-exclusive, non-transferable, and revocable limited license to use our services. Your use of the services is contingent upon your compliance with this Agreement. Any use of the services in violation of this Agreement will be considered an infringement of ORB Vision Technologies’ intellectual property rights. Any breach of this Agreement will result in the termination of your access to our services.

7.2 Fees and Payments:

We reserve the right to change service fees, including any charges related to advertising, priority, or additional services. Fees may vary based on demand, service attributes, and other factors. Businesses will be notified of any changes in fees 180 days before the changes take effect. Payment methods may be subject to temporary authorizations to cover additional charges due to special requests or added services.

7.3 Currency and Pricing:

Unless otherwise indicated, all prices and amounts are in the currency of the jurisdiction where the service is provided. Businesses set their own prices on the platform, which may differ from other platforms. Prices displayed on the App may not always be the lowest available.

7.4 Information Accuracy and Corrections:

Occasionally, there may be information on our platform that contains typographical errors, inaccuracies, or omissions related to pricing, service descriptions, promotional offers, and availability. We reserve the right to correct any errors and update information or refuse or cancel access if any information on the platform is inaccurate, even after access has been granted and payment has been processed.

8. Liability & Disclaimers

8.1 Logo & IP Use:

We are not liable for any claims related to the use of logos or other intellectual property by Businesses. Businesses are responsible for ensuring they have the right to use any content they upload.

8.2 Content Liability:

We are not responsible for any content posted by Businesses. Businesses are solely responsible for their content, and any disputes arising from such content must be resolved between the Business and the affected parties.

8.3 Downtime and Service Interruptions:

We strive to keep the App operational at all times. However, we do not guarantee uninterrupted access to the App and are not liable for any downtime or service interruptions. No refunds will be provided for any downtime.

8.4 Businesses are solely responsible for ensuring their advertising content complies with all applicable laws and regulations in the jurisdictions where their ads may be displayed.

9. No Employment or Agency Relationship

9.1 Unless expressly stated otherwise in these Terms, we do not establish any employment or agency relationship with you and do not claim ownership over any goods advertised or ordered through the platform.

10. Third Party Provider Disclaimer

10.1 We may utilize third-party service providers to facilitate various aspects of our services, including but not limited to data processing, content delivery, and technical support. While we carefully select our third-party providers and strive to maintain high standards of service, we do not endorse, control, or guarantee the actions or services provided by these third parties.

10.2 You acknowledge and agree that we are not responsible for the performance, availability, or reliability of any third-party services or products used in conjunction with our platform. Any interactions or transactions between you and any third-party service providers are solely between you and the third party, and we shall not be liable for any damages or losses arising from such interactions or transactions.

10.3 By using our services, you agree that any recourse for dissatisfaction or issues with third-party services shall be sought directly from the respective third-party provider.

11. Electronic Communications

11.1 By using our Services, you consent to receive electronic communications from us. These communications may include notifications regarding fees, charges, transaction details, and other essential information related to the services provided by us. These electronic communications are necessary for your interaction with our platform, and you receive them as part of using our services. You acknowledge that any notices, agreements, disclosures, or other communications sent to you electronically by us satisfy all legal requirements, including those that require written communication.

12. User Account Registration & Use

12.1 To access certain features of this platform, you may need to register for an account.

12.2 By registering, you agree to:

Provide accurate and current information during the registration process.
Promptly update your information to keep it accurate.
Acknowledge that we reserve the right to delete your account and limit future access to the platform if inaccurate information is provided or if there are reasonable grounds to suspect inaccuracies.
Maintain the confidentiality and security of your password and account, and promptly notify us of any unauthorized use or security breaches.
Refrain from sharing your account credentials or allowing unauthorized access to your account.
Assume responsibility for all activities and transactions conducted through your account.
Immediately report any unauthorized use of your account or security breaches to us.

13. Enforcement of Terms

13.1 By using our services, you acknowledge and agree that we reserve the right to investigate and address any violations of these Terms, including but not limited to intellectual property infringement, site security issues, and violations of publicity and privacy rights, to the fullest extent permitted by law.

13.2 We may collaborate with law enforcement authorities to take legal action against users who violate these Terms. While we are not obligated to monitor your access or use of the platform, we reserve the right to do so to ensure the platform operates effectively, enforce compliance with these Terms, or respond to legal obligations and requests.

14. Evaluation of Platform's Content

14.1 You are solely responsible for evaluating the accuracy, completeness, and usefulness of all products, opinions, statements, representations, services, and other information provided through this Platform. We do not endorse or guarantee the reliability, accuracy, or quality of any information, goods, services, or products displayed or advertised on the platform.

14.2 If you decide to purchase, use, or access any products, content, services, advertisements, offers, or information through this Platform's Services, or if you engage with any Third Party Provider, you agree to do so at your own risk. We assume no liability for any issues arising from such purchases, uses, accesses, or engagements.

15. Intellectual Property

15.1 By accessing our app and services, you acknowledge and agree that they incorporate content, information, and proprietary technology owned by or licensed to ORB Vision Technologies (hereinafter referred to as "ORB Vision Content"), all of which are protected under applicable intellectual property laws and international treaties.

15.2 The ORB Vision Content presented on the platform and services includes, but is not limited to, information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials protected by copyright held by ORB Vision Technologies and its licensors under Hong Kong and international copyright laws. All rights reserved. You agree not to reproduce, copy, display, store, perform, repost, publish, transmit, distribute, sell, offer for sale, license, modify, create derivative works of, or otherwise use or exploit any or all of the ORB Vision Content, the app, or access to the app for any commercial purposes without the prior written consent of ORB Vision Technologies.

15.3 All content on the platform that is not ORB Vision Content belongs to and is the responsibility of third parties. You must comply with all copyright notices, information, or restrictions contained in or attached to any ORB Vision Content. The ORB Vision Technologies logo, and all other registered and unregistered marks used in connection with the app and services (the "Marks"), are trademarks, trade names, or service marks of ORB Vision Technologies unless otherwise indicated. You are not authorized to use or display the ORB Vision Marks without the prior express written permission of ORB Vision Technologies. Ownership of all ORB Vision Marks and the goodwill associated with them remains with ORB Vision Technologies. All other trademarks are the property of their respective owners.

16. Termination

16.1 We reserve the right to terminate your access to the platform or any of its services, with or without prior notice, at our discretion. Such termination may occur for various reasons, including but not limited to lack of use or suspected violations of these Terms. Additionally, we may discontinue providing the platform or any services at any time without notice. You acknowledge that termination of your access to the platform may be immediate, and you agree that we may restrict your access accordingly.

16.2 You agree that we bear no responsibility to you or any third party for any termination of your access to the platform or its services.

17. Modification

17.1 We reserve the right to modify or update these Terms of Service at our discretion. We may also, without prior notice, modify, suspend, or discontinue the platform or any part thereof, or any services or features offered through the platform, without assuming liability to you. You acknowledge that we are not responsible or liable for any failure of the platform or for the deletion of any content maintained or transmitted by the platform. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the platform.

17.2 Any changes to these Terms of Service, will be posted in the relevant section of the platform and will take effect immediately upon posting. You can review the most current version of the Terms of Service at any time by clicking on the “Terms and Conditions” link found on various pages of the platform. By continuing to use the platform or services after any modification, you accept and agree to abide by such modifications. If any modification is unacceptable to you, your sole recourse is to discontinue use of the platform and services.

18. Governing Law & Jurisdiction

18.1 This Agreement shall be governed by and interpreted in accordance with the laws of Hong Kong. Any dispute arising out of or relating to this Agreement shall be exclusively resolved in the courts of Hong Kong.

19. Dispute Resolution

19.1 Negotiation:

If any dispute or disagreement arises out of or relates to this Agreement, the parties shall first attempt to resolve the dispute through good faith negotiations. Each party shall appoint a representative with the authority to settle the dispute, and they shall meet within thirty (30) days after one party gives notice to the other party of the dispute.

19.2 Arbitration:

If the parties are unable to resolve the dispute through negotiations within thirty (30) days of written notice of the dispute, the matter shall be referred to arbitration under the rules of the Hong Kong International Arbitration Centre (HKIAC). The arbitration shall be conducted by a single arbitrator appointed in accordance with the HKIAC rules. The decision of the arbitrator shall be final and binding upon the parties, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration shall take place in Hong Kong. The prevailing party shall be entitled to reimbursement of reasonable attorney's fees and the arbitrator's fees.
All disputes, claims, or controversies arising from or related to your use of our services or your account, including those involving third parties such as service providers, payment processors, and advertising partners, will be resolved through binding arbitration. This applies to any claims brought by or against third parties connected to your use of the services.

20. Disclaimer of Warranties

20.1 WE PROVIDE THE PLATFORM AND ALL SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES.

20.2 Any material, information, products, or services downloaded or obtained through the platform are acquired at your own discretion and risk. We are not liable for any damage to your computer system or loss of data resulting from such downloads.

21. Limitation of Liabilities

21.1 ORB Vision Technologies, its officers, directors, employees, shareholders, successors, agents, affiliates, subsidiaries, and relevant third parties, including advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants, and contractors (collectively referred to as the "ORB Vision Entities"), shall not be liable for:

Any direct, indirect, incidental, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of data, business interruption, or the cost of substitute goods or services, arising from contract, tort (including negligence), strict liability, or any other legal theory, related to this Agreement, your access to or use of the platform, any ORB Vision Technologies services, or any materials obtained through the platform, even if foreseeable or if the ORB Vision Entities have been advised of the possibility of such damages.
The content of any communication, message, or information transmitted by you or third parties.
Content, services, or information provided by any app or platform claiming to be operated by ORB Vision Technologies or its affiliates but not actually affiliated, controlled, owned, or operated by ORB Vision Technologies.
Any damages or injury arising from any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure.

21.2 You acknowledge that these limitations are fundamental to the agreement between you and ORB Vision Technologies and represent a fair allocation of risk. If you are dissatisfied with any aspect of the platform or these Terms, your sole recourse is to discontinue use of the platform and services.

22. Indemnification & Defence

22.1 By using the ORB Vision Technologies platform and services, you agree to indemnify, defend, and hold harmless ORB Vision Technologies, its officers, directors, employees, shareholders, successors, agents, affiliates, subsidiaries, and relevant third parties, including advertisers, distribution partners, retailers, referral partners, service providers, licensors, licensees, consultants, and contractors (collectively referred to as the "ORB Vision Entities"), from and against any and all claims, demands, liabilities, damages, losses, costs, expenses, and attorney's fees arising out of or related to:

Your use of the ORB Vision Technologies platform and services;
Any violation of these Terms and Conditions by you;
Any content or information you submit, post, transmit, or make available through the ORB Vision Technologies platform;
Your violation of any rights of any other person or entity;
Any dispute between you and any third party, including but not limited to property managers, owners, or other users of the ORB Vision Technologies platform;
Your breach of any representations or warranties made by you herein;
Your violation of any law or regulation.

22.2 You agree to cooperate fully with ORB Vision Technologies in the defense of any claim that is subject to indemnification under this clause. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not settle any such matter without the prior written consent of ORB Vision Technologies.

23. Notices

23.1 All notices required or permitted under this Agreement shall be in writing and deemed duly given if delivered personally, sent by certified mail, by a recognized courier service, or via official registered email to the addresses provided by each party. Notices shall be effective upon receipt.

23.2 For email notices to be effective, the receiving party must acknowledge receipt of the email. Failure to acknowledge receipt shall not affect the validity of the notice sent via email, provided that the sender can demonstrate the email was sent to the correct email address.

24. Waiver

24.1 The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision. Each party reserves the right to enforce any right or provision at any time in the future. A waiver of any breach or default of these Terms shall not be deemed a waiver of any subsequent breach or default, nor of the provision itself.

25. Severability

25.1 If any clause or provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall only apply to that clause or provision. The remainder of this Agreement shall continue in full force and effect, and the invalid or unenforceable clause or provision shall be amended to achieve as closely as possible the economic effect that the parties intended.

26. Assignment

26.1 You may not transfer or assign this Agreement, in whole or in part, without obtaining prior written consent from ORB Vision Technologies. We reserve the right to grant or deny such consent at its sole discretion. Any attempt to assign this Agreement in violation of this provision shall be deemed null and void. We retain the unrestricted right to assign this Agreement at any time without prior notice. However, this Agreement shall be binding upon and shall inure to the benefit of the permitted successors and assigns of each party.

27. Entire Agreement

27.1 These Terms and Conditions, along with any policies or operating rules posted by us on our application, or related to the Service, constitute the complete agreement between you and us, governing your use of the Service. They override any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any earlier versions of the Terms of Service. Any uncertainties in interpreting these Terms of Service will not be interpreted against the party responsible for drafting them.

28. Contact Us

28.1 To resolve a complaint regarding the Company Services or to receive further information about using the Company Services, please contact us at support@orb.vision

Updated On

July 31st, 2024