Remoty Terms & Conditions

  1. Preamble

    • These terms and conditions, as may be amended and/or updated from time to time (“T&C“) are the legal agreement between the person who is using the website, whether as a Helper, Helpee or Expert (“You” (including any alternations thereof) or “User“) as the case may be, and Remoty Visual Ltd (“REMOTY”, “We” or “Our” for short). If you are Using the website as an Expert, you shall be bound also by your contract with Us (“Expert Terms”), together with these T&C, in which case such separate terms will govern in the event of a conflict with these T&C, or as otherwise provided in the Expert Terms.
    • The T&C shall apply to Your Use of Our website available at: www.remoty.com (the “Website”). The Use of the Website is subject to these T&C. Therefore, prior to Your first Use of the Website You will need to positively click on the “I agree, let’s begin” button. By doing so, You hereby confirm that You have read, understood and agree to be bound by these T&C in their entirety. If You do not agree to the T&Cs in their entirety, You cannot Use the Website.
    • Furthermore, by accepting these T&C, You hereby waive any rights or requirements under any applicable laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the maximum extent permitted under applicable law.
  1. Definitions

    • Call-Session” means a communication between a Helper and a Helpee regarding the Challenge. The Communication may be initiated both by a Helper or a Helpee (as the case may be) and executed by entering into a unique link created by the Website, sent by the initiator of the communication, to the recipient.
    • “Challenge” means some challenge(s) related to the operation or other related issue in a product and/or service, for which a Helpee requires Helper’s assistance with, in order to solve it.
    • “Challenge Related Information” means any and all visual and/or audio and/or any other information, material, content and/or data, in whatever form and/or shape and/or size (including, without limitations, background voice/sound/data), which is presented to a Helper and/or otherwise disclosed to a Helper by a Helpee, via the Helpee’s back facing camera during a Call-Session, or disclosed by the Helper/Helpee via their mobile phone/tablet microphone, all, whether intentionally or by mistake, and whether it is related to the Challenge or not. Such information, material, content and/or data may include Personally Data (PII) about You and/or about any other Individual, and/or Non-PII.
    • Expert” means a professional Individual who is in the business of providing technical assistance services who wishes to provide assistance to a Helpee in solving a Challenge, for consideration.
    • Fixed Fee” means the amount specified on the Website before the Call-Session begins (and if no such amount is specified, then the amount of 15GBP), payable by you to an Expert in the event that the Expert solved your Challenge. We will collect the fixed fee from you on behalf of the Expert.
    • Individual” means a legal entity or natural person.
    • “Helper” means an Individual who wishes to provide assistance to A Helpee in solving a Challenge, for free.
    • “Helpee” means an Individual who seeks for help and/or other assistance in solving a Challenge.
    • “PII” and “NON-PII” shall have the meaning ascribed to them in the Privacy Policy.
    • “Third Party Services” means Hands-On Assistance (as defined below) and any and all other third party services incorporated in the Website or referred to by the Website.
    • “Use” means Your use of the Website, including Your access and/or view and/or visit and/or browse in or to the Website for the Purpose, all, whether as a Helper, Helpee and/or Expert.

Capitalized terms in these T&C which are not defined, shall have the meaning ascribed to them in the Privacy Policy, which is available at: www.remoty.com/webprivacy.

  1. The Use of the Website
    • Limited Purpose. The Website empowers people to help each other solve their Challenges remotely. The Website uses the smartphone/tablet video camera, microphone, and augmented reality tools (including recording tools) to enable Helpers and Helpees, or Experts and Helpees, to connect to each other in a one-sided video conference through the Website, to provide and/or receive (as the case may be) visual, step-by-step guidance from problem identification to repair instructions, installation assistance, and even “how-to” usability questions. For the avoidance of doubt REMOTY’s role is providing introduction services in order to connect Experts to Helpees. The Website shall be Used only for legitimate purpose of solving and/or otherwise assist in solving Challenges between a Helper and a Helpee, or an Expert and a Helpee (“Purpose“), and not for any other purpose. It is clarified that a Helpee, a Helper and/or an Expert may not Use the Website for any other purpose than the Purpose (including, without limitation, for committing a crime, abuse and/or or conducting any other illegal action).
    • Instruction for Registration.
      • After entering the Website, each User (as a Helper, Helpee or Expert) may have to open an account, and to provide some informative details about itself in order to complete the registration process. Such informative information may include PII, and may differ between the Helper, the Helpee and the Expert (the “User Account“). Details about the information you are required to provide us in order to open a User Account, the information which we may collect when you open a User Account, and the way Remoty shall use any information contained in the User Account is governed by our Privacy Policy, which is available at: www.remoty.com/webprivacy.
      • After the User Account is successfully opened, the User will receive a confirmation notice to its e-mail address, and will be able to Use the Website and execute Call-Sessions. In each Call-Session, the User will need to indicate whether it Uses the Website as a Helper or as a Helpee. If a Helpee wishes to use an Expert for professional assistance, rather than a Helper, Helpee will need to indicate this after registration by choosing what field of expertise is required for solving the Challenge. Please note that the Website allows executing one Call-Session at a time between a respective Helper and Helpee or a respective Expert and Helpee.
  1. Instructions for Use of the Website. There are two ways to use the Website:
    • Helper and Helpee.
      • In order to expose a Helper to a Challenge, the Helpee will use a back facing camera and point it, during the Call-Session with the Helper to the required Challenge.
      • Helpee has no ability to visually see the Helper, but will be able to listen to Helper’s instructions. As opposed to Helpee, a Helper may be exposed to Challenge Related Information.
      • We will be entitled to use and/or Process the Challenge Related Information according to the terms set forth in Our Privacy Policy.
      • The User is aware that each Call-Session will be recorded, and any Information incorporated therein will be used by REMOTY for the purposes set forth in the Privacy Policy.
      • At the end of each Call-Session, the Helper and Helpee may rate their Call-Session and provide additional information about the Call-Session.
    • Expert and Helpee.
      • After choosing the field of expertise, the Website shall match Helpee with an available Expert in such field. In order to expose an Expert to a Challenge, the Helpee will use a back facing camera and point it, during the Call-Session with the Expert to the required Challenge.
      • Helpee has no ability to visually see the Expert, but will be able to listen to Expert’s instructions. Helpee will however be made aware of the identity of the Expert. As opposed to Helpee, the Expert may be exposed to Challenge Related Information.
      • We will be entitled to use and/or Process the Challenge Related Information according to the terms set forth in Our Privacy Policy.
      • The User is aware that each Call-Session will be recorded, and any Information incorporated therein will be used by REMOTY for the purposes set forth in the Privacy Policy, including for solving disputes.
      • At the end of each Call-Session, the Expert and Helpee shall advise if the Challenge was fixed and may rate their Call-Session and provide additional information about the Call-Session.
      • If the Challenge was solved, the Helpee shall pay REMOTY the Fixed Fee. The Helpee’s billing information may be requested before the Call-Session begins and may include PII, and Remoty shall use any information contained in the billing information according to the Privacy Policy.
    • Disclaimer. REMOTY has no control over the scope and/or nature of the Challenge Related Information, and therefore disclaims any and all responsibility and/or liability in relation to the use of it by the Helper, Expert or any other third party. The Use of the Website is at Your sole risk. It is Helpee’s sole and exclusive responsibility to limit the Challenge Related Information to the minimum extent required for solving the Challenge. Further, it is your sole and exclusive responsibility, whether you are Helpee or Helper or Expert, to duly inform each and every Individual surrounding you while using the Website, about your Use of the Website, and the potential disclosure of Challenge Related Information to Helper(s) or Expert or Helpee (as the case may be) and/or REMOTY (including to service providers acting on REMOTY’s behalf), and to receive their Consent (as duly required under the GDPR) for the Process of PII incorporated in the Challenge Related Information, by all of them (as detailed in the Privacy Policy).
    • Your representations: By using the Website, you hereby warrant and represent as follows: (a) You are aware that you are not obligated by law to provide any PII, and any provision of it is based on your free will; (b) the PII provided by you in order to create your User Account (whether as an Expert/Helper or Helpee), or other information you provide in order to receive the services via the Website (such as payment information) is yours (meaning, you are the Controller of your Personal Data), you have all rights in and to your Personal Data, and it is accurate and complete; (c) Any Individual’s Personal Data provided and/or otherwise uploaded by you to the Website (including, without limitation, in a Call-Session and/or as otherwise incorporated in a Challenge Related Information) is lawfully obtained by you in compliance with all applicable laws (including the GDPR), you have a lawful basis for Processing such Individual’s Personal Data, and if such lawful basis is Consent – such Consent was dully obtained according to the GDPR’s requirements); (d) You are aware that any Information provided by you while using the Website (whether as a Helpee or Expert/Helper) and/or otherwise Processed by Us due to Your Use of the Website will be stored in our database(s), and will be used by us and/or by third party service providers which are working on Our behalf, all – for the purposes set forth in the Privacy Policy.
    • Third Party Services and Hands-On Assistance.
      • If Your Challenge could not be solved remotely, We may refer you, with your permission, to a local technician in the required field of expertise for additional repairs and for additional charges (“Hands-On Assistance“).
      • For the referral to Hands-On Assistance and upon your consent, We shall transfer your name and contact information to the local technician, all in accordance with our Privacy Policy.
      • REMOTY reserves the right to offer Hands-On Assistance only in certain geographic areas and only in certain fields of expertise, as may be changed from time to time, and/or suspend or cancel the Hands-On Assistance at any time.
      • You are aware that Hands-On Assistance is outside the scope of the Use of the Website, and any charges, if any, should be made directly by you, to the local technician. For the avoidance of doubt, REMOTY has no control over the Hands-On Assistance (including, without limitations, its quality of work, qualifications, etc.) and therefore irrevocably disclaims any and all responsibility and/or liability of any kind in relation to the scope and/or nature of the services rendered to you by Hand-On Assistance.
  1. Ownership and Intellectual property rights
    • In the relations between You and REMOTY, the Website is owned by REMOTY (or any third party’s acting on REMOTY’s behalf), and is protected by copyright and other intellectual-property laws and treaties. We, and our licensors, own any and all rights, title and interest in and to the Website, including all copyright and other intellectual property rights in the Website, and the limited license granted herein (as set forth in section ‎5 below) does not provide You with any title or ownership rights in or to the Website.
    • If You believe that any of Your intellectual property rights have been violated, please notify Us immediately at: privacy@remoty.com.
  1. Grant of License.
    • Subject to Your Use of the Website according to these T&C, We hereby grant You a worldwide, non-exclusive, non-transferable, non-sub licensable, limited and revocable license to Use the Website on any smartphone/tablet or any other device that You legally own or control.
    • We would like to emphasis that we do not claim ownership of Personal Data you provide us and/or otherwise upload when you Use the Website (including, any Personal Data incorporated in the Challenge Related Information), and we serve only as a Processor of such Personal Data. However, by using the Website, and when you provide us with Personal Data and Non-Personal Data, you hereby freely grant us an irrevocable, royalty-free, non-exclusive, unlimited license and specific informed consent to Process the Personal Data and Non-Personal Data (each obtained in any manner detailed in this Policy) and transfer it to third parties in accordance with the terms of the Privacy Policy.
    • However, REMOTY owns all Personal Data and Non-Personal Data collected, obtained and/or otherwise Processed by REMOTY (as opposed to Personal Data and Non-Personal Data which is specifically provided by you), including (without limitations) any such Information that has been anonymized.
  1. License Limitations
    • REMOTY reserve all rights not expressly granted to You in these T&C. Without limiting the foregoing, You will not do, or authorize, or permit any third party to do any of the following, whether as a Helper or Helpee or as Expert: (a) rent, lease, loan, license, sell, redistribute or sublicense the Website; (b) distribute or copy the Website; (c) crawl, reverse engineer, decompile, disassemble, or attempt to discover the source code for the Website; (d) modify, alter, or create any derivative works of the Website; (e) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Website; (f) You may not Use the Website for any illegal purpose, or in violation of any applicable law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy; (g) You may not attempt to gain unauthorized access to the Website, or any part of it, other accounts, computer systems or networks connected to the Website through hacking or any other means or interfere or attempt to interfere with the proper working of the Website or any activities conducted via the Website by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. (h) You may not exploit the Website in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
    • While We use reasonable efforts to ensure that the Website is free from viruses and other malicious content, neither We, nor any other party involved in producing, hosting or delivering the Website assumes any responsibility, nor shall be liable for any damage to, or viruses that may infect Your mobile device/tablet or other property on account of Your Use of the Website. Except where required by applicable law, REMOTY shall not be liable to any person for any loss or damage they may suffer as a result of viruses, or other malicious, or harmful content that they access from, or via the Website. For additional information about the security measures we implement in the Website, please visit our Privacy Policy, available at: www.remoty.com/webprivacy.
  1. General Terms. You (whether as a Helper or Helpee or Expert) represent and undertake as follows:
    • You will Use the Website according to the terms herein and not abuse the Call-Session for any foreign purposes than the Purpose.
  1. No Warranty and Disclaimers.
    • You expressly acknowledge, aware and agree that REMOTY does not execute any preliminary or other check regarding any User of the Website, including Experts and on any Third Party Services, including Hands-On Assistance. THE USE OF THE WEBSITE AND ANY THIRD PARTY SERVICES (INCLUDING ANY ADVICE YOU RECEIVE AND/OR OTHERWISE RELY UPON, INCLUDING IN PROFESSIONAL, MEDICAL, LEGAL, PERSONAL OR FINANCIALS MATTERS) IS AT YOUR SOLE RISK. THE WEBSITE AND ANY THIRD PARTY SERVICES (TO THE EXTENT INCORPORATED IN THE WEBSITE) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS, DEFECTS AND ERRORS, AND WITHOUT WARRANTY OF ANY KIND.
    • REMOTY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, ARISING BY LAW, OR OTHERWISE, REGARDING THE WEBSITE AND/OR ANY THIRD PARTY SERVICES (TO THE EXTENT INCORPORATED IN THE WEBSITE) AND THEIR PERFORMANCE, OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT NEITHER THE CALL-SESSION (INCLUDING THE HELPER OR EXPERT) OR ANY THIRD PARTY SERVICES, WILL BE SUCCESSFUL AND ASSIST YOU IN ANY WAY.
    • FURTHER, REMOTY DISCLAIMS ANY AND ALL WARRANTIES, WHEHTHER EXPRESSED OR IMPLIED REGARDING THE ACCURACY AND/OR RELIABILITY OF ANY INFORMATION (INCLUDING CHALLENGE RELATED INFORMATION) PRESENTED BY A HELPEE TO HELPER OR TO EXPERT, REGARDING A CHALLENGE, AND/OR THE QUALIFICATIONS AND/OR CAPABILITIES AND/OR EXPERIENCE OF A HELPER OR AN EXPERT  OR THIRD PARTIES SERVICES (TO THE EXTENT INCORPORATED IN THE WEBSITE), AND OR TO THE QUALITY, RESULTS, OUTPUTS, IMPLICATIONS OR OTHER EFFECTS OF THE COMMUNICATION BETWEEN HELPER AND HELPEE OR HELPER AND EXPERT, VIA THE WEBSITE, WHETHER ON THEMSELVES OR ANY THIRD PARTY (INCLUDING THE IMPLICATIONS ON ANY TANGIBLE PROPERTY).
    • REMOTY DOES NOT HAVE ANY CONTROL OVER, NOR DOES IT SUPERVISE IN ANY WAY THE USE OF ANY INFORMATION TRANSFERRED IN A CALL-SESSION BETWEEN A HELPER/EXPERT AND A HELPEE (WHETHER SUCH INFORMATION TRANSFERRED BY THE HELPEE OR THE HELPER/EXPERT). YOU HEREBY WARRANT AND REPRESENT THAT YOUR DECISION TO USE THE WEBSITE FOR THE PURPOSE REFLECT THIS ALLOCATION OF RISK, AND DISCLAIM REMOTY FROM ANY AND ALL RESPONSIBILITIES AND/OR LIABILITIES RELATED, DIRECTLY OR INDIRECTLY, TO THE FOREGOING.
    • USE THE WEBSITE WISELY; TAKE INTO CONSIDERATION THE POTENTIAL RISK OF EXPOSING YOUR AND/OR OTHER’S PII (INCLUDING, WITHOUT LIMITATIONS, YOURS OR OTHERS’ PRIVATE, SENSITIVE AND/OR CONFIDENTIAL INFORMATION,) TO ANY OTHER USER REMOTY (INCLUDING ANY THIRD PARTY ACTING ON ITS BEHALF). IT IS YOUR SOLE AND EXCLUSIVE RESPONSIBILITY TO PAY ATTENTION TO YOUR SURROUNDINGS WHILE USING THE WEBSITE IN ORDER TO AVOID UNINTENTIONAL DISCLOSURE OF VISUAL AND/OR AUDIO AND/OR ANY OTHER INFORMATION, MATERIAL, CONTENT AND/OR DATA, IN WHATEVER FORM AND/OR SHAPE AND/OR SIZE (INCLUDING, WITHOUT LIMITATIONS, BACKGROUND VOICE/SOUND/DATA), VIA WRITING, OR THE MOBILE PHONE’S/TABLET’S BACK FACING CAMERA OR THE MOBILE PHONE’S/TABLET’S MICROPHONE DURING A CALL-SESSION WHETHER IT IS RELATED TO THE CHALLENGE OR NOT.
  1. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL REMOTY, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LIABILITIES WHATSOEVER ARISING FROM, OR RELATING TO THE WEBSITE, OR THESE T&C, OR THIRD PARTY SERVICES (TO THE EXTENT INCORPORATED IN THE WEBSITE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, EVEN IF REMOTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOLE RELIEF AVAILABLE TO YOU FROM REMOTY IN ANY SUCH EVENT AND NOTWITHSTANDING THE PROVISIONS OF ANY LAW IS DISCONTINUANCE OF USING THE WEBSITE.
  1. Privacy Policy. By using the Website, You, as a User hereby provide REMOTY and/or REMOTY otherwise collects, directly or indirectly, including via the Website, information about You or Your Use of the Website. Such collection of Information is governed by our privacy policy (as will be updated from time to time), which is available at www.remoty.com/webprivacy (above and hereinafter: the “Privacy Policy“).
  1. Release and Indemnification. You release, and agree to indemnify, defend and hold Us, our officers, directors, employees, shareholders, agents and affiliates, harmless from all liabilities, claims, loss and damages (of every kind, whether known or unknown and suspected or unsuspected), and including reasonable attorney’s fees related in any way to Your Use of this Website not in accordance to the T&C.
  1. Third Party Terms of Agreement. The Website may contain links and reference to third party websites and/or include third-party component(s) and/or service(s) (“Third Party Services“). Without derogating from the generality of section ‎8.1 above, the Third Party Services are provided (if and to the extent provided, to Our sole discretion) as a convenience to You, and when You access to any such Third Party Services You must comply with the applicable Third Party Services’ terms and conditions. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Services. In no event will We be responsible for the information contained in, transmissions received from, or Your use of or inability to use such Third Party Services.
  1. Termination. REMOTY may terminate these T&C and any User Account opened in connection with Your Use of the Website at any time for any reason, or for no reason immediately upon notice. Upon such termination, You agree not to Use, or to register for any new User Account.  In the event of the termination of the T&C for any reason: (a) the license granted to You to Use the Website under these T&C will terminate immediately; (b) You must immediately upon receiving any notice of termination cease all Use of the Website.
  1. Age Restrictions; Our Policy Towards Children.  If you are not 18 years old or older, You may not Use the Website and/or contacting Us and/or sending any Information about Yourself to Us. By Using the Website You hereby warrant and represent that You are not under the age of 18. For additional information about our policy towards children, please visit our Privacy Policy which is available at: www.remoty.com/webprivacy.
  1. Assignment. You may not assign these T&C, or any of your rights under these T&C without the prior written consent of REMOTY, and any attempted assignment without such consent shall be void.
  1. Governing Law. Unless restricted by applicable law, these T&C shall be governed by the laws of the State of Israel, and any matter, or dispute arising in connection with them or in connection with the Website shall be subject to the exclusive jurisdiction of the courts of the State of Israel (without giving effect to its conflict of law’s provisions) (“Governing Law“).
  1. Severability. If any term of these T&C is found to be unenforceable, or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of these T&C will remain in full force and effect.
  1. No Waiver. No waiver of any right under the T&C will be deemed effective unless contained in writing signed by REMOTY, and no waiver of any past or present right arising from any breach, or failure to perform will be deemed to be a waiver of any future rights arising out of these T&C.
  1. Entire Agreement. These T&C, constitute the entire agreement between the parties with respect to its subject matter, and supersedes all prior agreements, proposals, negotiations, representations or communications relating to the subject matter, except to the Expert Terms. The parties acknowledge that they have not been induced to enter into this T&C by any representations or promises not specifically stated herein. Any update of this T&C shall bind commencing on its publication (as detailed in the bottom of these T&C). We will post a prior notice prior to any update and/or amendment of these T&C.
  1. Contact Us. Should you have any question or complain regarding the license granted herein, You may contact us at: Remoty Visual Ltd., POB 716, Kfar Monash, 428750, Israel, or at privacy@remoty.com.

Last Updated: July 25, 2018

Copyright © 2018, Remoty Visual Ltd. All rights reserved.