Applications Mobiles Overview Inc.

525-1744 rue William,

Montreal, QC, Canada, H3J 1R4.

info@vyoo.ai

Terms of Use with End-Users

 Version 1 – May 2024

Principles

These Terms of Use (the “Terms”) are an agreement between Applications Mobiles Overview Inc. (which may be referred to throughout these Terms as “VyoO”, “Us”, “Our” or “We”) and the end user or on their behalf (which may be referred to throughout these Terms as “You”, “Your”, “Yourself” or “End User”), who engages with VyoO for the provision of Services (as defined below) made available on the mobile and web versions of any of Our applications (the “Application”) . These Terms govern Your access to and use of the Application developed by Us including any related content and functionality.

By using the Application, You accept and agree to be bound and comply with these Terms. If you do not agree to these Terms, you must not access or use the Application, or benefit from the Services. We may update the Terms at any time, and We will post the updated version of the Terms in the Application. Any and all such modifications to the Terms are effective immediately upon posting and apply to all access to, and continued use of the Application and Services provided thereon. You agree to periodically review the Terms in order to be aware of any such modifications and your continued use shall be your acceptance of these Terms, as may be modified. If at any point you do not agree with any portion of the Terms, then you must immediately stop using the Services.

We have developed and deployed the Application for the purposes of producing accurate digital body measurements through 3D technology (the “Services”). The Application is capable of producing results that may be used for personal use or by third party providers in various fields including, e-commerce, and retail (“Providers”). In certain cases, the Application is capable of interfacing with the Providers who will receive the 3D body measurements generated by the Application for the purposes of matching such measurements with the right size of the item or service of interest. Once generated, the 3D body measurements are added to Your user profile, and are available for Your personal consultation, or for Your next purchases or usages with a Provider.

VyoO does not make any representations regarding the products and/or services provided by the Providers.

End User Acknowledgement

In using the Application, You acknowledge that the Services are offered from Canada. VyoO makes no representations that the Services are available for use in other locations. If You are accessing the Application or using the Services from other jurisdictions, You do so at your own risk and are responsible for compliance with local law.

In using the Services, You acknowledge that you will provide true and accurate statements and information concerning Yourself or a person for whom You are accessing the Services on behalf because You are their guardian or have parental authority over such other person.

You confirm You are at minimum 14 years old and You consent to receiving electronic communications via the portal on the Application designed, managed and operated by VyoO. You acknowledge the risks of receiving the Services via electronic communication, which We consider very low, but which may include:

  • Delays in the services and/or products provider by Providers.
  • Security protocols which may fail, unintentionally causing a breach of Your Information.

Any username, password, or any other piece of information chosen by You, or provided to You as part of Our security procedures, must be treated as confidential, and You must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should You be provided an account, Your account is personal to You and You agree not to provide any other person with access to the Application or portions of it using Your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of Your username or password or any other breach of security. You also agree to ensure that You logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

We reserve the right at any time and from time to time, to disable or terminate Your account, any username, password, or other identifier, whether chosen by You or provided by Us, in our sole discretion for any or no reason, including any violation of any provision of these Terms.

Information Usage by VyoO

By using the Services and the Application, You consent to Our processing of Your Information (as defined in Our Privacy Policy) and the terms and conditions of Our Privacy Policy. The Services respect and uphold user confidentiality with regards to protecting Your information as further detailed in Our privacy policy. We use physical, electronic, and administrative measures designed to secure your Information from accidental loss and from unauthorized access, use, alteration, and disclosure. By using the Services, You expressly consent to these Terms, and provide us with Your express consent to release Your information to Providers in order for them to provide You with their products and/or services.

Your Information will be processed and securely maintained by VyoO which uses reasonable security protocols to protect the confidentiality of Your Information and safeguard data to ensure its integrity against intentional or unintentional access; however, You accept and consent to allowing Your Information to be accessed by Providers to provide you with products and/or services.

To access the Services on the Application, You will create an account on VyoO which will provide You access to receive services from Providers. VyoO will collect basic contact information, details regarding the device You use to connect to VyoO and non-health related Information You provide which may originate from third party sources such as via the use of social media to connect to Your account (all such information shall together be referred to as “Information”). For a detailed list of Information collected and how it is used, please review Our Privacy Policy.

VyoO will use the Information collected to provide You access to a secure user portal where Providers may communicate directly with You and provide You their products and/or services; for machine learning purposes to improve the Services; and to maintain Your Information for use by Providers, for analysis, system improvements and maintenance. Further details regarding how Your Information is used by VyoO, please review Our Privacy Policy.

VyoO will share Information with Providers. VyoO will share device related information with its staff and third-party contractors who assist in providing the Services. VyoO shall undertake reasonable security measures to keep Your basic contact information or personally identifiable information confidential and minimize any association of such information with Your information to ensure protection of Your privacy from individuals who are not in a need-to-know position.

Third Parties

In certain cases, for the purposes of providing you with their products or Services, and where You have consented, Providers will have access to all or some of Your Information that is uploaded, appears on, or is generated by the Application. Additionally, if You consented to receiving products and/or services from Providers via electronic communication, Providers will be able to communicate with You via the secure portal in the Application.

Where the Application includes links or interfaces with Provider sites and applications, We make no representations about any other websites or applications that may be accessed from the Application, nor the services or products offered by such Providers. If You choose to access any such sites or applications, You do so at your own risk. We have no control over the contents of any such third-party sites or applications and accept no responsibility for such sites, applications and related products or services or for any loss or damage that may arise from Your use of them. You are subject to any terms and conditions of such Providers.

Usage by End-User

You are being provided a limited, non-exclusive, non-transferable and non-sublicensable license to use the Application and Services. We reserve the right to terminate this license without notice for any reason including but not limited to, if the license or business arrangement between Us and the Provider is terminated.  

Other than provided in these Terms, You have no right, title, or interest in or to the Application or to any content thereon, and all rights not expressly granted are reserved by VyoO. Any use of the Application or Services not expressly permitted by these Terms is a breach thereof and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

By using the Application and benefiting from the Services, You agree not to:

  • provide false information when using the Application;
  • use Your account on the Application for another person unless You have a relationship of guardianship or parental authority;
  • transmit or upload Information on the Application which infringes on the rights of others, is defamatory, obscene, fraudulent, harassing, threatening or hateful;
  • do anything to modify, recompile, reverse engineer, disassemble, create derivative works of of the Application, or harvest content or information;
  • do anything which may impose a disproportionately large load on Our network or infrastructure;
  • use any device, software or routine to interfere with the proper provision of the Services or functionality of the Application, attempt to test the vulnerability of the platform or breach the security of any system or network used by VyoO;
  • engage in any other conduct which restricts or inhibits any person from using or enjoying the use the Services or the Application;
  • engage in any conduct which violates any applicable law, ordinance, rule, regulation or treaty;
  • make available through the Application any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
  • use the Services or the Application for any other unlawful, prohibited, abnormal or unusual activity as determined by VyoO in its sole discretion; and
  • make any content available through the Services or Application to any third party, which includes translating, transferring, selling, leasing, licensing or copying the content.

Intellectual Property Rights

You understand and agree that the Services and the Application and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned or controlled by Us and are protected by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

Applications Mobiles Overview Inc., “VyoO” and all related names, logos, product and service names, designs, images, and slogans are trademarks (“Trademarks”) are owned by Us or Our affiliates or licensors. You must not use such Trademarks without Our prior written permission. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the Application or is association with the Servics are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the Application for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Application, in any form or medium.

Troubleshooting or Complaints

Should You have any difficulty in using the Application or Services, please contact Us at info@vyoo.ai for assistance. If You wish to exercise any of Your rights related to the use of Your Information, such as the right to access Your Information, have Your Information deleted or corrected or cancel Your account please refer to Our privacy policy or contact us at info@vyoo.ai.

Limitation of Liability, Warrants, Indemnification

You acknowledge You are using the Services and Application at Your own risk and the Services and Application are provided “as is” without warranties of any kind. Further, VyoO makes no representation or warranty regarding the products and/or services provided by the Providers offering their services or products based on the output of the Services , and We recommend You consult their terms and conditions and privacy policies to ascertain the representations and warranties for the products and services they offer.

VyoO makes no representation as to up time or of the platform being error or virus free. In no event will We, Our parent company, subsidiaries, affiliates, licensors, suppliers, directors, shareholders, officers, employees, representatives, subcontractors, service providers ,agents and assigns (the “Related Parties”) be liable for any direct or indirect, special, incidental, consequential or punitive damages, lost profits or other damages arising in connection with Your use of the Application or Services, any interruption in availability of the Application or Services, delay in operation or computer virus, loss of data, misuse, manipulation or other use which affects the functionality of the Application or the Services or the data collected through the Services, even if one or more of them has been advised of the possibility of such damages or loss. As certain jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, the liability of VyoO and the Related Parties shall be limited to the fullest extent permitted by law.

Your sole remedy for any claim arising out of or connected with the Services is to stop using the Services. Again, You acknowledge VyoO is not engaged in providing medical or health related services and therefore will not under any circumstances be liable for any medical malpractice.

To the maximum extent permitted by applicable law, You agree to defend, indemnify, and hold harmless the VyoO and the Related Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to Your breach of these Terms or Your use of the Website, including, but not limited to, Your submissions or uploads, third-party sites, any use of the Application’s content, services, and products other than as expressly authorized in these Terms. General Provisions

The Application, Services and these Terms shall be governed and construed in accordance with the laws of the province of Quebec and federal laws of Canada applicable therein without regard to principles of conflicts of law.

You agree that any dispute, difference, disagreement, controversy or claim arising out of, in connection with or relating to these Terms, the Application or the Services including any question regarding its existence, negotiation, interpretation, application, performance, validity, breach or termination shall be finally settled by a single arbitrator under the Quebec Code of Civil Procedure, Book VII (Arbitration). The place of arbitration shall be Montreal, Quebec, and the language of the arbitration shall be English. The arbitral tribunal may order any interim, provisional, injunctive or conservatory remedy it deems appropriate. The arbitral tribunal may award the costs of the arbitration, including the parties’ reasonable legal fees, disbursements and expenses, its own fees, disbursements and expenses and any other reasonable fees, disbursements and expenses relating to the arbitration. The arbitral tribunal may also direct the payment of interest in respect of any award at such rate and from such date as it deems appropriate. The parties undertake as a general principle to keep strictly confidential all information concerning the existence of the arbitration, all awards in the arbitration, all materials in the proceedings created or used for the purpose of the arbitration, and all materials and information produced during the arbitration and not in the public domain – save and to extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce, set aside or apply for annulment of an award in bona fide legal proceedings before a competent court.

These Terms and the privacy policy constitute the entire agreement between You and VyoO. In the event any provision of these Terms is held invalid or unenforceable it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision which reflects the intention of the underlying provision. Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive Our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained herein is in derogation of Our right to comply with governmental, court or law enforcement requests or requirements relating to Your use of the Application or enjoyment of the Services.

You may contact Us at any time via email at info@vyoo.ai.