These Terms and Conditions (“Terms”) constitute a legal agreement between Orca Vision Ltd. (“Company”, “we” or “us”) and each user, purchaser, viewer, registrant, swimmer, parent or legal guardian, coach, club, federation, or other person or entity accessing or using the Orca Vision application.

The Company’s collection, use, processing, storage, disclosure, retention, and other handling of personal data and other relevant information in connection with the Application and Services are described in the applicable privacy notice made available on the Orca Vision application.

The Orca Vision application is an AI-powered swimming performance analytics platform that captures and processes poolside video footage from training sessions and competitions to automatically track swimmers and extract objective, real-time athletic metrics (including, but not limited to, stroke count, split times, frequency, and breakouts). The platform delivers these insights via automated dashboards, video overlays, and performance reports to optimize athletic training, race analysis, and swimming event management (collectively, the “Application” and the “Services”). These Terms govern your access to and use of the Application and the Services.

ACCEPTANCE OF THE TERMS: PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM OR SERVICES. YOU ACKNOWLEDGE THAT THESE TERMS CONSTITUTE A BINDING AND ENFORCEABLE LEGAL ELECTRONIC CONTRACT BETWEEN YOU AND THE COMPANY. BY ACCESSING, REGISTERING FOR, PURCHASING, OR USING THE PLATFORM OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS IN CONNECTION WITH YOUR USE OF THE PLATFORM AND SERVICES. IF YOU ARE ACTING FOR OR ON BEHALF OF ANOTHER PERSON OR ENTITY, INCLUDING A MINOR, YOU FURTHER REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THEIR BEHALF. IF YOU DO NOT AGREE TO THESE TERMS, OR ANY PART OF THEM, YOU MAY NOT ACCESS OR USE THE PLATFORM OR SERVICES.

Amendments: We reserve the right to amend or revise these Terms from time to time, in our discretion. Any such amendments will be effective immediately, unless otherwise required by applicable law. We may provide notice of material changes through the Application, through your account, by email, or by any other reasonable means, in each case as determined by us or as required by law. We recommend that you review these Terms periodically, as your continued use of the Application or Services following the effective date of revised Terms will constitute your acceptance of, and agreement to be bound by, those changes.

Eligibility; Minors and Authority

To access or use the Application or Services, you must satisfy the eligibility requirements communicated by the Company from time to time. You hereby represent and guarantee that you are at least 16 years old. If you are under the age of 16, or otherwise not legally permitted to accept these Terms on your own behalf, the Application or Services may be accessed, registered for, or purchased only by or through a parent or legal guardian, or another person legally authorized to act on your behalf, and such person accepts these Terms on your behalf and is responsible for your compliance with them. If you register, purchase access, submit information, or access analytics on behalf of a swimmer, a minor, a coach, a team, a club, a federation, or any other person or entity, you represent and warrant that you have all rights, consents, and legal authority necessary to do so. We may refuse access to, suspend, or terminate any account, registration, purchase, or use of the Application or Services if we reasonably believe that the applicable eligibility requirements are not satisfied or that the required authority has not been obtained.

Registration and Account Creation

In order to access or use some features of the Application or Services, you may be required to register, create an account (“Account”), receive an invitation, redeem an access link or code, complete a competition-specific registration flow, or sign in through a third-party login or identity provider, in each case as determined by the Company from time to time (each, a “Login Method”). In connection with your Account or access credentials, you may be required to provide certain information, credentials, confirmations, permissions, or payment details (collectively, “Login Information”). You must maintain the confidentiality of your Login Information, must not disclose it except as authorized by us, and are responsible for all activities that occur under your Account or using your Login Information, whether or not authorized by you, to the fullest extent permitted by applicable law. You agree to provide accurate, current, and complete information and to promptly update it upon any change. If you register, purchase access, or seek to view or use analytics, race footage, performance information, or competition-related content concerning a swimmer or another participant, you represent and warrant that you are authorized to do so and that your access and use are permitted under these Terms and applicable law. This is especially important where the swimmer or participant is a minor, in which case you represent and warrant that you are the swimmer’s parent or legal guardian, or another person or entity with lawful authority to act on behalf of the minor and to purchase or access the relevant Services. You also agree not to misrepresent your identity, your relationship to any swimmer or participant, your age, or your authority to act for any person or entity. We reserve the right to reject, limit, suspend, reclaim, or remove any Account, username, access credential, registration, or purchase at any time, including where we believe that the requested access is unauthorized, violates these Terms, infringes third-party rights, or may expose the Company or any third party to risk.

If you wish to change your Login Information or other information associated with your Account, you may do so through the functionality made available in the Application or by contacting us at support@orcavision.company as applicable. If you wish to terminate your Account, you may do so through the Application or by contacting us in writing using the contact details provided by the Company. Subject to applicable law, our internal retention practices, and any legitimate need to retain relevant records, your Account may be terminated or deactivated within a reasonable time following receipt and processing of your request, and from the effective date of such termination or deactivation you may no longer be able to access the Account or any Services associated with it. Termination or deletion of an Account does not automatically cancel any paid plan, subscription, or competition-specific purchase unless expressly stated in the applicable purchase flow or communicated by the Company.

Services; Access Rights and License

The Services, including any content or functionality made available through them, may be updated, modified, expanded, reduced, suspended, or discontinued from time to time. Except as expressly stated in these Terms or required by applicable law, the Company does not undertake that any particular content, event, race, competition, statistic, feature, or functionality will be available at any given time or for any specific duration.

Subject to your complete and ongoing compliance with these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Application and Services solely for your internal, personal, household, educational, team, club, federation, or other permitted purposes expressly authorized by the Company and, in any case, not for resale, redistribution, or other commercial exploitation. Except for this limited license, no rights, title, or interests are granted to you in or to the Application, the Services, or any content, footage, analytics, outputs, software, models, methodologies, interfaces, databases, designs, marks, or other materials made available through them. The Company and its licensors retain all rights, title, and interest in and to the Application and Services, including all related intellectual property and proprietary rights, to the fullest extent permitted by applicable law. Access to and use of the Services may depend on internet connectivity, device compatibility, event data availability, third-party services, and other factors outside the Company’s control. You are solely responsible for your conduct when accessing or using the Application or Services and for ensuring that your use is authorized and complies with these Terms and applicable law. The Company may, at its discretion and subject to these Terms, determine the features, settings, access conditions, packaging, pricing, availability, and technical or commercial structure of the Services, and may modify, correct, amend, update, upgrade, enhance, improve, remove, replace, suspend, or discontinue any aspect of the Application or Services, with or without notice, except as otherwise required by applicable law. The Application or Services may include integrations with, or links to, third-party websites, services, tools, content, broadcasts, data sources, payment providers, login providers, event organizers, timing systems, or other external resources, and the Company is not responsible for such third-party offerings except to the extent required by applicable law. These Terms govern only the Company’s Application and Services.

You acknowledge and agree that the availability of the Application or certain Services may depend on the third party from which you access, download, install, purchase, stream, or otherwise use the Application or Services, including app stores, device manufacturers, operating system providers, payment processors, login providers, broadcasters, competition organizers, or other third-party channels or providers (collectively, “Third-Party Providers”). You agree to comply with all applicable terms, policies, and conditions of such Third-Party Providers to the extent relevant to your access to or use of the Application or Services, and your right to use the Application or Services may be conditioned upon such compliance.

Restrictions of Use

You may not, and may not permit, assist, or enable any other person or entity to, directly or indirectly: (i) access, view, purchase, receive, use, copy, download, export, share, disclose, or otherwise obtain any footage, analytics, statistics, reports, race data, performance data, competition information, or other content relating to a swimmer, participant, team, club, federation, or event unless you are expressly authorized to do so; (ii) impersonate any person or entity, misrepresent your identity, relationship, affiliation, age, or authority, or falsely claim authority to act for or on behalf of a swimmer, parent, legal guardian, coach, club, federation, or other party; (iii) share your Login Information, allow unauthorized persons to access your Account, or use another person’s account, credentials, invitation, link, or purchase rights without authorization; (iv) copy, record, reproduce, modify, adapt, distribute, publish, transmit, display, sell, sublicense, assign, transfer, exploit, create derivative works from, or otherwise use any portion of the Application, Services, footage, analytics, outputs, or content except as expressly permitted by these Terms or by the Company in writing; (v) scrape, crawl, harvest, index, mine, extract, frame, mirror, download in bulk, or otherwise collect data or content from the Application or Services by automated means or otherwise, including by using bots, spiders, scripts, or similar methods; (vi) bypass, disable, interfere with, breach, test, or circumvent any security feature, technical limitation, access control, payment gate, rights-management tool, or protective measure of the Application or Services; (vii) decompile, disassemble, reverse engineer, decode, translate, attempt to discover the source code, underlying structure, models, algorithms, datasets, or non-public functionality of the Application or Services, except to the limited extent such restriction is prohibited by applicable law; (viii) upload, transmit, introduce, or use any malicious code, virus, malware, harmful component, or other material intended to disrupt, damage, or gain unauthorized access to any system, data, or service; (ix) use the Application or Services in violation of any applicable law, regulation, third-party right, competition rule, confidentiality obligation, child-protection requirement, or other legal or contractual restriction; (x) use the Application or Services in any manner that could harm the Company, the Application, other users, event organizers, swimmers, minors, or third parties, or that could create legal, regulatory, reputational, or security risk; or (xi) use any content, analytics, or outputs generated through the Application to make unlawful, discriminatory, unsafe, defamatory, or otherwise improper decisions or disclosures concerning any swimmer or participant. We reserve the right to monitor compliance, investigate suspected violations, and suspend, limit, or terminate access where we reasonably believe that any prohibited conduct has occurred or may occur.

Updates, Upgrades and Changes

We reserve the right, at any time, to perform any revisions to the App and the Services, including any change, upgrade or update of any feature available therein (“Revisions”). The Company is not obligated to provide any notice regarding such Revisions, in advance or otherwise and shall not be liable for any damages or any other effect resulting from the Revisions. Please note that such Revisions might be automatically installed.

Fees, Purchases, Subscription Terms and Payment

• Plans, Purchases and Fees: Some Services may be made available free of charge, while other Services, features, access rights, event packages, reports, analytics, content, or offerings may require payment on a one-time, recurring, per-event, per-athlete, per-team, per-account, usage-based, or other pricing basis, as determined by the Company from time to time (collectively, “Paid Services”). You agree to pay all fees, charges, and applicable taxes disclosed to you at the time of purchase, registration, checkout, renewal, or other order flow (collectively, “Fees”). Unless otherwise stated in the applicable order flow or required by law, Fees are quoted and payable in advance, are exclusive of taxes, and may be subject to currency conversion, payment processing charges, or other charges imposed by third parties. If a Paid Service renews automatically, the applicable renewal terms, billing cycle, and renewal price will be presented in the relevant purchase or subscription flow.
• Payment Method and Payment Provider: Subscription payments are processed through Apple Pay or Google Pay and are subject to their applicable terms and conditions.
• Cancellation: You may cancel a recurring plan, subscription, or other renewable Paid Service using the cancellation method communicated in the applicable order flow, account settings, app store, payment provider interface, or other instructions provided by the Company. Unless otherwise stated in the applicable purchase terms or required by law, cancellation will take effect at the end of the then-current billing or access period, and no further renewal charges will be made after the cancellation becomes effective. Cancellation of a Paid Service does not automatically delete your Account, and deletion of your Account does not automatically cancel a Paid Service unless expressly stated by the Company.
• Refunds: To the extent permitted by applicable law, any fees paid for your purchase of a subscription plan are non-refundable, and we do not provide refunds for any partial subscriptions.
• Free Trials and Promotional Access: The Company may, in its discretion, offer free trials, pilot access, introductory periods, promotional pricing, discount codes, beta features, complimentary event access, or other promotional offers (collectively, “Promotional Access”) subject to additional terms disclosed at the time of the offer. Unless otherwise stated in the applicable offer or required by law, Promotional Access may be limited, withdrawn, modified, or terminated at any time, may be available only once per user, athlete, household, team, club, federation, device, payment method, or other eligibility criteria, and may automatically convert into a paid plan or charge upon the end of the promotional period if so disclosed in the applicable order flow. If you do not want to be charged following a Promotional Access period that converts into a paid offering, you must cancel before the end of the applicable promotional period in accordance with the instructions provided to you.
• Changes to Paid Services: We reserve the right, at our discretion and subject to applicable law, to change the pricing, scope, features, access conditions, packaging, billing structure, renewal terms, or other aspects of any Paid Service at any time. Where required by law or where we elect to do so, we will provide notice of material changes before they take effect. Your continued use of the applicable Paid Service after the effective date of the change will constitute your acceptance of the updated terms, except where applicable law requires a different process. You are solely responsible for obtaining and maintaining the hardware, software, devices, network connectivity, and telecommunications services necessary to access and use the Application and Services, and for all associated costs and expenses.

Intellectual Property; Analytics and Third-Party Materials

The Application and Services, and all elements, components, and materials made available through or in connection with them, including any software, code, interfaces, workflows, designs, layouts, documentation, databases, footage processing systems, AI or machine-learning models, computer-vision systems, analytics engines, methodologies, formulas, derived metrics, benchmarking frameworks, reports, visualizations, compilations, outputs, and all improvements, modifications, and derivative works of any of the foregoing, together with all trademarks, service marks, logos, brand features, trade names, copyrights, patents, trade secrets, know-how, and other intellectual property or proprietary rights therein or related thereto, are and shall remain owned by the Company and/or its licensors. As between you and the Company, except for any rights expressly granted to you under these Terms, no right, title, or interest is transferred or licensed to you by implication, estoppel, or otherwise. You receive only a limited right to access and use the Application, Services, and any analytics or outputs made available to you strictly in accordance with these Terms. Without limiting the foregoing, the Company retains all rights, title, and interest in and to the structure, organization, selection, coordination, arrangement, processing logic, derived data structures, AI-generated insights, comparative models, and other proprietary aspects of the Application and Services, even where such materials are generated, informed, or refined through the processing of competition footage, race data, performance information, or other event-related inputs. You may not remove, obscure, alter, or delete any copyright, trademark, proprietary notice, legend, attribution, watermark, restriction, or disclaimer appearing on or in connection with the Application, Services, analytics, reports, visualizations, clips, or other outputs.

The Application or Services may contain, display, embed, integrate with, or link to content, footage, data feeds, broadcasts, results, advertisements, websites, software, services, or other materials provided by third parties, including event organizers, clubs, federations, timing providers, broadcasters, sponsors, analytics partners, and other external sources (“Third-Party Materials”). The Company does not necessarily review, verify, approve, monitor, endorse, warrant, or make any representation regarding any Third-Party Materials, and the availability of any Third-Party Materials through the Application does not imply sponsorship, endorsement, affiliation, or recommendation by the Company unless expressly stated by the Company. The Company is not responsible for the accuracy, completeness, legality, availability, performance, or quality of any Third-Party Materials, or for any products, services, statements, or practices of any third party, except to the extent required by applicable law. The Company may add, remove, change, disable, suspend, or limit access to any Third-Party Materials, or to any content or functionality dependent on Third-Party Materials, at any time and without liability, subject to applicable law.

Intellectual Property Complaints

The Company respects the intellectual property rights of others and expects users of the Application and Services to do the same. We may investigate allegations of infringement and may remove, disable access to, restrict, suspend, or take other action with respect to any content, material, account, or activity that we believe in good faith may infringe intellectual property rights, violate applicable law, or otherwise breach these Terms.

If you believe that any content, material, analytics, footage, data, output, or other item made available on or through the Application or Services infringes intellectual property rights that you own or control, or that you are duly authorized to enforce, please send the Company a written notice of claimed infringement. We may share your notice and related information with the user, uploader, purchaser, account holder, event organizer, service provider, or other party associated with the allegedly infringing material, and you consent to such disclosure for the purpose of reviewing, investigating, and addressing the complaint.

The Company may suspend or terminate access of users who are suspected of infringing intellectual property rights, including in cases of repeat or serious alleged infringement, in the Company’s discretion and subject to applicable law.

The Company’s designated contact for receipt of notices of claimed infringement may be contacted at: support@orcavision.company

Representations and Warranties

You represent, warrant, and covenant that: (i) you have the full right, power, legal capacity, and authority to enter into these Terms and to perform your obligations under them; (ii) all information you submit to the Company or through the Application is true, accurate, current, and complete; (iii) if you create an Account, register, purchase access, upload or submit information, provide instructions, or access any footage, data, analytics, reports, or other content relating to a swimmer or other participant, you have all rights, consents, permissions, and legal authority necessary to do so; (iv) where the relevant swimmer or participant is a minor, you are the parent or legal guardian of that minor or are otherwise duly authorized by the parent, legal guardian, club, federation, school, team, or other legally competent person or entity to act on the minor’s behalf, to make purchases, and to access or use the relevant Services; (v) if you act on behalf of a club, federation, team, school, coach, or any other organization or entity, you are duly authorized to bind that organization or entity to these Terms; (vi) your access to and use of the Application and Services, and any information, footage, or materials you provide or make available in connection with them, do not and will not violate any applicable law, regulation, court order, competition rule, privacy obligation, child-protection requirement, contractual restriction, or third-party right; (vii) you will use the Application and Services only for lawful and authorized purposes and in accordance with any instructions, documentation, or policies made available by the Company; and (viii) you are solely responsible for ensuring that any registration, purchase, access request, consent, authorization, or instruction submitted by you is valid and enforceable. Except as expressly set forth in these Terms, the Company does not make any representation or warranty to you.

Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND SERVICES, INCLUDING ANY COMPETITION FOOTAGE, VIDEOS, DATA FEEDS, RESULTS, PERFORMANCE INFORMATION, ANALYTICS, RANKINGS, BENCHMARKS, VISUALIZATIONS, REPORTS, CLIPS, AI-GENERATED OUTPUTS, DERIVED METRICS, COMPARISONS, RECOMMENDATIONS, INSIGHTS, OR OTHER CONTENT OR MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE PLATFORM OR SERVICES, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, THE COMPANY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, PERFORMANCE, COMPATIBILITY, QUALITY, AVAILABILITY, OR THAT THE PLATFORM OR SERVICES WILL OPERATE WITHOUT INTERRUPTION, ERROR, DELAY, OMISSION, OR SECURITY INCIDENT. THE COMPANY DOES NOT WARRANT THAT ANY FOOTAGE, DATA, RESULTS, OR OTHER INPUTS RECEIVED FROM EVENTS, ORGANIZERS, THIRD PARTIES, OR USERS WILL BE ACCURATE, COMPLETE, PROPERLY TIMED, PROPERLY LABELED, UNCORRUPTED, OR SUITABLE FOR PROCESSING OR ANALYSIS. THE COMPANY DOES NOT WARRANT THAT ANY ANALYTICS, AI-BASED INSIGHTS, PERFORMANCE ASSESSMENTS, COMPARISONS, RANKINGS, BENCHMARKS, OR OTHER OUTPUTS WILL BE ACCURATE, ERROR-FREE, COMPLETE, FIT FOR DECISION-MAKING, OR SUITABLE FOR ANY PARTICULAR MEDICAL, ATHLETIC, COMMERCIAL, TRAINING, SELECTION, RECRUITMENT, SAFETY, OR REGULATORY PURPOSE. SUCH OUTPUTS MAY BE BASED ON AUTOMATED PROCESSING, ESTIMATES, ASSUMPTIONS, INCOMPLETE INPUTS, HISTORICAL INFORMATION, THIRD-PARTY SOURCES, OR EXPERIMENTAL METHODS, AND MAY CONTAIN LIMITATIONS, INACCURACIES, BIASES, MISCLASSIFICATIONS, OMISSIONS, OR OTHER ERRORS. THE PLATFORM AND SERVICES ARE PROVIDED FOR GENERAL INFORMATIONAL AND PERMITTED USE PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT, OFFICIAL COMPETITION RESULTS, COACHING ADVICE, MEDICAL ADVICE, SAFETY ASSESSMENTS, LEGAL ADVICE, OR ANY OTHER EXPERT EVALUATION. YOUR USE OF THE PLATFORM AND SERVICES, AND ANY RELIANCE ON ANY CONTENT OR OUTPUT MADE AVAILABLE THROUGH THEM, IS AT YOUR SOLE RISK AND RESPONSIBILITY.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, DISTRIBUTORS, EVENT PARTNERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, EMPLOYEES, PERSONNEL, CONTRACTORS, CONSULTANTS, AGENTS, AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF CONTRACTS, LOSS OF GOODWILL, LOSS OF REPUTATION, LOSS OF USE, LOSS OF DATA, DATA CORRUPTION, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE SERVICES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THE PLATFORM OR SERVICES, INCLUDING ANY FOOTAGE, RACE DATA, PERFORMANCE INFORMATION, RESULTS, ANALYTICS, AI-GENERATED OUTPUTS, COMPARISONS, REPORTS, VISUALIZATIONS, BENCHMARKS, OR OTHER CONTENT OR MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE PLATFORM OR SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR CLAIMS ARISING FROM OR RELATING TO (I) ANY INACCURACY, ERROR, OMISSION, MISCLASSIFICATION, DELAY, OR INTERRUPTION IN ANY FOOTAGE, DATA, RESULT, ANALYTIC, OR OUTPUT; (II) ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANY THIRD PARTY IN RELIANCE ON THE PLATFORM OR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF ANY ACCOUNT, CONTENT, OR INFORMATION; (IV) THE ACTS OR OMISSIONS OF ANY EVENT ORGANIZER, CLUB, FEDERATION, COACH, SWIMMER, PARENT, GUARDIAN, PAYMENT PROVIDER, BROADCASTER, TIMING PROVIDER, OR OTHER THIRD PARTY; OR (V) ANY SUSPENSION, MODIFICATION, UNAVAILABILITY, OR DISCONTINUATION OF ALL OR ANY PART OF THE PLATFORM OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM OR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT ACTUALLY PAID BY YOU TO THE COMPANY, IF ANY, FOR THE SPECIFIC PAID SERVICE GIVING RISE TO THE CLAIM DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIVE HUNDRED ($500) US DOLLARS. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE LIMITATIONS OR EXCLUSIONS OF LIABILITY SET OUT IN THESE TERMS, THEN SUCH LIMITATIONS OR EXCLUSIONS SHALL APPLY TO YOU ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, service providers, suppliers, event partners, and each of their respective officers, directors, shareholders, managers, employees, personnel, contractors, consultants, agents, and representatives (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, judgments, settlements, losses, costs, and expenses, including reasonable attorneys’ fees and legal expenses, arising out of or relating to: (i) your access to or use of the Application or Services; (ii) your breach or alleged breach of these Terms or any additional terms, policies, or instructions made available by the Company; (iii) your violation of any applicable law, regulation, court order, competition rule, child-protection requirement, privacy obligation, or third-party right; (iv) any registration, purchase, consent, authorization, instruction, representation, or warranty made by you being false, inaccurate, invalid, unauthorized, or unenforceable; (v) your access to, purchase of, use of, disclosure of, or sharing of any footage, race data, performance information, analytics, reports, or other content relating to a swimmer or other participant without proper authority; (vi) your acts or omissions in connection with any minor, including where you purport to act on behalf of a minor without sufficient legal authority; (vii) any information, content, material, or data provided, submitted, uploaded, transmitted, or otherwise made available by you or through your Account; (viii) your infringement, misappropriation, or violation of any intellectual property, privacy, publicity, confidentiality, contractual, or other rights of any person or entity; (ix) fraud, misconduct, negligence, willful misconduct, or unauthorized access or misuse by you or any person using your Account or credentials; and (x) any dispute between you and any swimmer, parent, legal guardian, coach, club, federation, event organizer, payment provider, or other third party relating to the Application or Services. The Company reserves the right, at your expense and upon notice to you, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate fully with the Company in the defense or settlement of such matter. You may not settle any such matter without the Company’s prior written consent if the settlement imposes any obligation, admission, or restriction on any Indemnified Party. This Section shall survive any suspension, termination, expiration, or discontinuation of the Application, Services, your Account, or these Terms.

Suspension and Termination

You may stop accessing or using the Application or Services at any time. Subject to any applicable purchase terms, subscription terms, or mandatory legal requirements, you may also terminate your Account or request that we deactivate or delete it through the functionality made available in the Application or by contacting us using the contact details we provide. Any cancellation of Paid Services, recurring plans, or event-related purchases is subject to Section 6 and the applicable order flow, and termination of your Account does not automatically entitle you to any refund unless required by applicable law or expressly stated by the Company. The Company may, at any time, with or without notice, suspend, restrict, disable, or terminate your Account, your access to the Application or Services, or any portion thereof, if: (i) you breach these Terms; (ii) we reasonably suspect unauthorized, fraudulent, abusive, unlawful, or improper access to or use of the Application or Services; (iii) we reasonably believe that you lack the authority required to register, purchase, access, or use swimmer-related footage, data, analytics, or other content; (iv) your conduct may expose the Company, any swimmer, minor, parent, guardian, coach, club, federation, event organizer, or other third party to legal, regulatory, reputational, operational, or security risk; (v) suspension or termination is necessary to protect rights, property, safety, minors, confidential information, system integrity, or the proper operation of the Application or Services; (vi) we are required to do so by law, court order, regulator, rights holder, payment provider, app store, event partner, or other competent authority; or (vii) we modify, discontinue, or cease offering all or any part of the Application or Services. We may also investigate suspected violations of these Terms and take any action we deem appropriate, including removing content, revoking access rights, canceling purchases, refusing future registrations, or cooperating with law enforcement or other authorities where appropriate. Upon any suspension, termination, expiration, or discontinuation of these Terms, your right to access and use the Application and Services shall immediately cease, except for any limited rights expressly stated by the Company. Sections that by their nature should survive suspension or termination, including provisions relating to intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and any accrued rights or obligations, shall survive.

Dispute Resolution

These Terms, and any dispute, claim, or controversy arising out of or relating to these Terms, the Application, or the Services, shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of laws rules. Subject to any non-waivable rights under applicable law, the competent courts in Tel Aviv-Jaffa, Israel shall have exclusive jurisdiction over any dispute, claim, or controversy arising out of or relating to these Terms, the Application, or the Services, and you hereby consent to such jurisdiction and venue. To the fullest extent permitted by applicable law, any claim arising out of or relating to these Terms, the Application, or the Services must be brought within 18 months after the cause of action arose, failing which such claim shall be permanently barred.

Miscellaneous

These Terms constitute the entire agreement between you and Orca Vision Ltd. with respect to your access to and use of the Application and Services, and supersede all prior or contemporaneous understandings, communications, negotiations, and proposals, whether oral or written, relating thereto, except as expressly stated otherwise by the Company in writing. If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by law and the remaining provisions shall remain in full force and effect. You may not assign, transfer, delegate, or otherwise dispose of any of your rights or obligations under these Terms without the Company’s prior written consent. The Company may assign, transfer, or delegate these Terms or any of its rights or obligations hereunder, in whole or in part, to any affiliate, successor, purchaser, or other third party, without restriction, subject to applicable law. No failure or delay by the Company in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof. The Company shall not be liable for any failure or delay in performance to the extent resulting from causes beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, internet or telecommunications failures, cyber incidents, governmental actions, epidemics, pandemics, natural disasters, utility failures, or failures of third-party providers.

Contact Information

If you have any questions about these Terms, the Application, or the Services, or if you wish to submit a legal notice, support request, or other inquiry, please contact Orca Vision Ltd. at: support@orcavision.company