Terms and Conditions

Welcome to the Consumer Physics Family!

Thank you for choosing SCiO, the (“Product”) and our services (“Services”). Our Product and Services are provided by Consumer Physics (“Consumer Physics”), located at P.O. Box 12414 Herzliya, Israel 46733.

By using our Product (SCiO) and our Services, you agree to the following terms and conditions. Please read and review them carefully.

All of the following Terms and Conditions control the relationship between Consumer Physics and you. They do not create any third party beneficiary rights and are not transferable or saleable (resale).

Consumer Physics Products and Services are diverse, and may, occasionally, require additional terms or product requirements (including age or location requirements) to apply. Additional terms will be made available with each specific product or service they pertain to. If you choose to use additional Consumer Physics products and services, the additional terms for each product or service will become part of your agreement with Consumer Physics, if and when you use them.

Use of Consumer Physics Products, Services, Applications, Widgets and/or Web applications, Website/Web store:

By using our Products and/or Services, you agree and acknowledge that you are required to follow and abide by any and all policies made available to you within the scope of using our Products or Services.

Do NOT interfere with or attempt to tamper with our Products or Services or try to access them, reverse engineer them or use them in any other method except via the interface and the instructions that we provide. Our Products and Services may only be used as permitted by law and according to all local laws and statues. Proper use of our Products and Services includes abiding by all relevant export and re-export control laws and regulations. Do NOT misuse our Products or Services. Consumer Physics reserves the right to suspend Services or stop providing our Services if you or your account do not comply with our terms and or policies or if we are investigating suspected misconduct using our Products or Services.

Use of our Products and/Services, does not grant or give ownership of intellectual property rights in our Products and/or Services or in the content and/or data you access. Use of our Product or Service to create data provides each SCiO user with limited liability ownership of the data records they create and upload to our cloud database. These terms of use do not grant you the right to use any branding or logos used by our Product or in our Services. SCiO or SCiO related data (such as tags, scans or images) created and uploaded by other users and stored within the SCiO Cloud Database may be used by you within the standard framework of SCiO usage, and as permitted by law. Public SCiO data from the SCiO Cloud may not be copied, downloaded, stored, indexed, replicated or shared for purposes outside of the scope of normal data usage. Public use of existing SCiO data does not convey or imply ownership of 3^rd party data under any circumstances.
SCiO products, services and applications, may display or re-use content that does not belong to Consumer Physics. Content supplied by a third party is not warrantied, guaranteed or certified by Consumer Physics to be free from errors, mistakes, or incorrect information or data. Consumer Physics takes no responsibility for third party SCiO developer applications use of trademarks, copyrights or registered symbols, sourced content or external data. All third party content not produced by Consumer Physics is the sole responsibility of the entity that makes the content publically available. Consumer Physics reserves the right to review, remove, refuse, reject or decline to display all content created by SCiO app developers and third parties for any reason, including but not limited to violation of local or international law, trademark infringement, or violation of our corporate policies and company standards.

Privacy, Copyright Protection and Data Ownership:

The Consumer Physics’ PRIVACY POLICY details how we treat your personal data and how we protect your privacy when you use our Products, Services, Applications, Web applications, Widgets, Web applications, Website, Widgets and Company Store. Use of any, all or some Consumer Physics Services, Products, Applications, Web applications, Website, Widgets and/or Company Store, declares that you agree that Consumer Physics has the right to use the data you provide in strict accordance with our privacy policy.

If we suspect from the use of Consumer Physics’ Products or Services that your account is in violation of local or international laws regarding copyright infringement, according to the local laws of your country of residence, or the location of our data servers, we reserve the right to terminate your account, according to the process as set out in the U.S. Digital Millennium Copyright Act.

If you suspect a Consumer Physics user is violating your copyright, trademark, or patented process and you wish to notify us, contact us via support@consumerphysics.com.

Modifying, Updating and Terminating our Products and/or Services:

Consumer Physics is an early stage technology innovator and as such, we constantly change, improve, modify and redefine our Products, Services, Applications and Online Store. Consumer Physics reserves the right to modify, redesign, stop, suspend, take offline, or add Products, Services and Applications at any time.

As a user, developer or researcher, you are free to stop using Consumer Physics Services at any time. Consumer Physics may also stop providing Services to you, or add, create, modify or redesign the limits to our Product and or Services at any time. (Original Consumer Physics Kickstarter backers, are still guaranteed lifetime use standard Consumer Physics’ services, regardless of this agreement.)

Consumer Physics is dedicated to building the world’s first database of matter, available to everyone. So while your data is stored on our servers and within our database, you retain ownership rights to your scans. Preserving open access to your data is important to us.

Should Consumer Physics discontinue a Product or Service, where it is reasonably possible, we will give you reasonable advance notice and an opportunity to retrieve your data from that service or application where possible. Beta versions of Consumer Physics products such as the V1.0 Versions of Consumer Physics’ Researcher and Developer Kits may not be compatible with future product versions. Data Collections and samples created with these versions may not be retrievable or transferable to future Consumer Physics product builds.

Service Availability:

Consumer Physics will make every reasonable effort to ensure the SCiO Cloud is up and running at all times (99+% availability). However, Consumer Physics takes no legal, financial or other responsibility for the resiliency of “The Cloud”, worldwide telecommunication systems, natural disasters, freak accidents, acts of God or other events which may prevent our users from accessing the SCiO Cloud at any time.

User Content within Consumer Physics’ Services:

Consumer Physics’ Products, Applications and Services enable you to upload, submit, store, send and/or receive content from the SCiO Cloud Database. As a SCiO Researcher, Developer and/or User, you retain ownership of the intellectual property rights that you hold in the content you create and upload for the life of your SCiO account.

By using Consumer Physics products, services and applications, every time you upload, submit, store, send or receive content from or via our Cloud or website, you give Consumer Physics and other Consumer Physics Products, Services and Website users a worldwide license to use, reproduce, enhance, create derivative models or applications, share, publish, publicly display and redistribute such content. The rights you grant on this content are for the limited purpose of creating and using the world’s first database of matter, including but not limited to the improvement, classification, operation, promotion, completion and development of existing and new data collections. The license you grant exists in perpetuity even if you stop using our Services. Some of our services allow you mark and retain private exclusive rights on your scans and data. Some of our future services may also offer you ways to access and remove content that you previously uploaded into the database.

Before submitting a scan to the database, make sure your user permissions are set according to your preferences and do not violate the required rights or permissions of your organization or company in sharing information in a public cloud. Also, make sure you control the necessary rights and permissions to grant a license for any content that you submit to the public SCiO cloud via our Services.

The SCiO Cloud will automatically analyze your scan and provide near instant results. The SCiO Cloud analysis occurs as the content is sent, received, and when it is stored.

Content you scan and upload to the public database may display your public Consumer Physics name, profile photo. Consumer Physics respects your right to privacy and allows data to be sent to the public database anonymously. Set the visibility settings of your choice within your Consumer Physics account before you scan.

Want more information about how we store your content and data? Check out the Consumer Physics Privacy Policy.

Consumer Physics Accounts:

In order to use our Products, Services and Application, a Consumer Physics account is required. You can create your own Consumer Physics account, or use the default account created and emailed to you when your product was purchased.

Protect your Consumer Physics Account and keep the database clean by protecting your password and keeping it confidential. You are entirely responsible for any and all activity that happens on or from your Consumer Physics account. Remember, the database is for everyone, so help us keep it clean and organized to benefit the whole world!  Please don’t re-use your Consumer Physics account password on other applications. If you suspect unauthorized use of your password or SCiO account, or your SCiO has been stolen, contact us immediately at support@consumerphysics.com.

Applications within Our Services:

If and when a Consumer Physics Service provides or requires a downloadable application, this application may update automatically on your device every time a new application version or new feature becomes available. Some of our Services may let you adjust your automatic update setting accordingly.

Consumer Physics grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the application as part of our Services. You are granted this application license for the sole and exclusive purpose of allowing you to use and enjoy your Consumer Physics Product and /or Service.  At no time does your license to use the application give you rights or privileges to modify, copy, resell, distribute, lease or reverse engineer the application, our Product or any element of our Services, unless such restrictions are prohibited by law.

Consumer Physics’ Warranties and Disclaimers:

Consumer Physics prides itself on the skill and competency level of our engineering team and staff. We hope you enjoy our products. However, we are all human, so we can’t promise perfection. We can promise to do our best and strive to deliver a commercially acceptable level of product with every release.

EXCEPT FOR AS SPECIFICALLY STATED IN OUR TERMS AND CONDITIONS, AND/OR ADDITIONAL TERMS, NEITHER CONSUMER PHYSICS, NOR ANY SUPPLIERS, PARTNERS, AGENTS OR AGENCY MAKE ANY SPECIFIC PROMISES ABOUT CONSUMER PHYSICS PRODUCTS AND SERVICES. ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS.

CONSUMER PHYSICS DOES NOT MAKE COMMITMENTS ABOUT THE CONTENT WITHIN THE PRODUCT AND/OR SERVICES, THE SPECIFIC FUNCTIONS AVAILABLE IN EACH OF OUR SERVICES. WE DO NOT WARRANTY THEIR RELIABILITY, AVAILABILITY, OR THEIR ABILITY TO MEET YOUR NEEDS.

CERTAIN JURISDICTIONS ALLOW FOR CERTAIN WARRANTIES, LIKE FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT ALLOWED BY LAW, CONSUMER PHYSICS PRODUCTS AND SERVICES EXCLUDE ALL WARRANTIES.

Liability:

WHERE PERMITTED BY LAW, CONSUMER PHYSICS, AND CONSUMER PHYSICS SUPPLIERS, DISTRIBUTORS, AGENTS AND/OR PARTNERS ARE NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE FULL EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CONSUMER PHYSICS, ITS SUPPLIERS, DISTRIBUTORS, AGENTS, INVESTORS  AND/OR PARTNERS FOR ANY AND ALL CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED AS A MAXIMUM TO THE AMOUNT YOU PAID US DIRECTLY TO PURCHASE OUR PRODUCTS AND/OR TO USE OUR SERVICES.

IN ALL CASES, CONSUMER PHYSICS REMAINS NOT LIABLE FOR ANY AND ALL LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Products, Services and Applications for Business Users:

If you use our Products or Services on behalf of, or while as an employee, contractor or agent of a business, that business, then accepts these Terms and Conditions. Your business, employer or contract holder will hold harmless and indemnify Consumer Physics and any and all agents, affiliates, officers, and employees from claims, actions or lawsuits arising from or related to the use of our Products, Services or Applications, any violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

Terms and Conditions:

Consumer Physics reserves the right to modify these Terms and Conditions and any and all additional Terms and Conditions that apply to our Products and Services.

We encourage you to review our Terms and Conditions regularly and will notify you via your SCiO account of any modifications. Any and all changes made to our Terms and Conditions will not apply retroactively, unless required by law. Unless required immediate by law, all changes to our standing Terms and Conditions will take affect within 5 days of being posted on our website.

If for any reason you do not agree to the modifications made to a particular Term and/or Condition of a particular product of service, you should discontinue your use of that product or service before the change becomes effective as per the timeline provided. (Immediate effect for legal changes, 5 days from post date for corporate changes).

If at any time, there is a conflict between the general Products and Services Terms and Conditions listed here and the specific or additional Terms and Conditions provided to a specific component, service or product, the additional, specific Terms and Conditions will be in force in such a case.

As part of your ongoing usage of SCiO, SCiO Lab and SCiO Lab mobile and any/all SCiO widgets, Consumer Physics reserves the right to send you updates, service announcements, pertinent account messages and other information as we deem appropriate. Some of this communication is optional and your SCiO account can be configured to your specifications in the settings area of SCiO Lab.

Some SCiO related applications run on mobile devices. Do not use any SCiO Lab mobile applications while driving or operating machinery that in any way distracts you from obeying traffic or safety laws in your location. Follow all safety precautions relating to SCiO as detailed in the SCiO Safety and Regulatory Guide provided in your original SCiO kit.

The laws of, U.S.A., excluding conflict of laws rules, will apply to any disputes arising out of or relating to these terms or our Products or Services. If any particular Term, Condition or Claim is found by law to be unenforceable, that does not limit, impact or render null any other term, claim or right within these Terms and Conditions. Failure to comply with any or all of these terms is ground for immediate cancellation of your account. Consumer Physics retains the right to take action against such account violations at any time.

All claims arising out of or relating to these terms or the Products and Services we supply will be litigated exclusively in the national courts of Israel. Both you and Consumer Physics consent to personal jurisdiction in those courts only.

Need to contact us? Visit us at support@consumerphysics.com