CareAR SXM User Terms of Service
Updated May 4, 2023
CareAR SXM transforms the service experience by connecting people, knowledge, & systems by enabling customers, service employees, field workers and others to use Augmented Reality (“AR”)/Artificial Intelligence (“AI”) content and features to diagnose and resolve service problems.
Provider
The CareAR Service Experience Management platform (the “Platform”), CareAR software applications (the “Applications”) and any software, products, services, tools, features, communications, documentation and other information We make available for use with the Platform and/or Applications (collectively “CareAR SXM”) are provided by CareAR, Inc. a Delaware Corporation with its corporate headquarters at 201 Merritt 7, Norwalk, Connecticut 06851-1056 (“CareAR,” “We” or “Us”).
Applicable Terms
These CareAR Service Experience Management User Terms of Service (the “SXM User Terms”) are a legally binding agreement between you (“You” or “End User”) and CareAR, Inc. a Delaware Corporation with its corporate headquarters at 201 Merritt 7, Norwalk, Connecticut 06851-1056 (“CareAR,” “We” or “Us”) that govern End User access to and use of the CareAR Service Experience Management platform (the “Platform”), CareAR software applications (the “Applications”) and any software, products, services, tools, features, communications, documentation and other information We make available for use with the Platform and/or Applications (collectively “CareAR SXM”). These SXM User Terms incorporate by reference, the terms and conditions of the CareAR Privacy Policy and the CareAR Data Processing Addendum, with the same force and effect as though fully set forth herein.
SXM End Users
SXM Subscribers establish the group of End Users (the “Tenant”) who are authorized to share access to their CareAR SXM Subscription and access Content provided to CareAR SXM by other End Users that share the same Tenant. As an authorized End User, You agree that You will only use CareAR SXM to further the business purposes of the Subscriber that controls the Tenant.
End Users are classified as either “Registered Users” with ongoing access to the Tenant or “Guest Users” with temporary access to the Tenant. Only employees and agents with the authority to act on behalf of the Subscriber can become Registered Users. An End User becomes a Registered User by providing personally identifiable information to obtain an associated username, password or other authentication criteria (“Credentials”). Registered Users use the same Credentials each time they login to CareAR SXM. CareAR reserves the right to prevent any Registered User from accessing CareAR SXM in whole or in part and to access any other CareAR resources if We believe the registration information provided to obtain the Credentials is false, incorrect, incomplete or outdated. As a Registered User, You agree to keep Your Credentials secret and to notify CareAR immediately if You suspect unauthorized use of Your Credentials. You further agree that when accessing CareAR SXM as a Registered User, You will only enable Guest Users to access CareAR SXM when a Subscriber that has authorized You to do so.
All other End Users must access CareAR SXM as “Guest Users” who are granted temporary use of a Subscriber’s Tenant by selecting a link, scanning a QR Code or following other instructions provided by the Subscriber (“Access Method”), rather than by entering Credentials. Accordingly, if You are a Guest User CareAR will not receive any information that personally identifies You. As a Guest User, You agree that You will not share or disclose the Access Method and that You will immediately notify CareAR and the Subscriber if You suspect unauthorized use of an Access Method that has been shared with You.
You will not access or use CareAR SXM for any purpose unless You: (a) have accepted these SXM User Terms and are (i) a Registered User accessing the Tenant associated with Your Credentials or (ii) a Guest User accessing a Tenant controlled by the Subscriber that authorized Your access. You understand and agree that CareAR will not be liable for any loss that may be incurred as a result of someone else using Your Registered User Credentials or an Access Method You created for a Guest User, whether such use occurs with or without Your knowledge. You may be held liable for any losses incurred by CareAR or another person due to someone else using Your Credentials or other Tenant access information.
Content: End Users may submit, transmit, share, upload or otherwise provide audio, video, graphics, images, photos, links, text and other materials or information (“Content”) to or through CareAR SXM. You acknowledge that CareAR is not obligated to, that We generally do not view or monitor Content provided by any party and that We do not take responsibility for any Content provided to, through or stored in CareAR SXM. However, You consent to our monitoring all Content You submit to or through, obtain from or store in CareAR SXM to the extent required by law or regulation and/or for purposes of making CareAR SXM available to You. CareAR does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content provided to, through or stored in CareAR SXM by You or any other party and we cannot assess the validity or accuracy of any Content or its potential to result in harm. End users must use their own judgement in using or relying on any Content obtained through the CareAR SXM, and any such use or reliance is at Your own risk. CareAR will respond accordingly if we learn of any Content that violates these SXM User Terms or any terms, conditions or policies made available to You from time-to-time as well as any applicable laws, ordinances, regulations or other legal requirements. For example, We reserve the right to remove Content that infringes or misappropriates a copyright, trademark or other intellectual property right or results in or facilitates harassment or unlawful conduct.
Subscriber Content: The Applications enable End Users to submit Content to CareAR SXM. You understand and agree that any Content provided to or through, obtained from or stored in CareAR SXM (“Subscriber Content) is owned by the Subscriber that controls the associated Tenant, that the Subscriber has exclusive control over all such Subscriber Content and that the Subscriber is and shall be, the sole and exclusive owner of all right, title, and interest in that Subscriber Content, including all intellectual property rights therein. Your rights to use Subscriber Content are determined by the Subscriber at the time You provided the Subscriber Content and may be modified or restricted in any manner later established by the Subscriber.
As an End User, You must only provide Subscriber Content to CareAR SXM if the Content was created by or on behalf of the Subscriber that provided You access to its Tenant or if the party that created the Content has granted that Subscriber the necessary rights to use it. Each Subscriber is solely responsible for the completeness, accuracy and understandability of any instructional Subscriber Content uploaded to CareAR SXM and End Users should take appropriate steps to ensure that any instructions, directions, descriptions or other information included in or with Subscriber Content You provide to CareAR SXM are complete, accurate and understandable before you provide them. CareAR is under no obligation to host or serve any particular Content. If someone notifies Us that Your Subscriber Content is infringing its copyright or if You notify Us that Content provided by someone else is infringing Your Subscriber’s copyright we will respond as described in our Copyright Policy, the terms and conditions of which are hereby incorporated herein by reference.
End User Data: You understand that CareAR may collect, process and use Your name, email address and other information that can be used to personally identify You (“Personal Data”). Our Privacy Policy and Data Processing Addendum describe how We handle Personal Data. You hereby grant CareAR the right to use Your Personal Data as required or useful to perform its obligations and exercise its rights under these SXM User Terms, You grant to CareAR the right to sub-license these rights to its hosting, connectivity and telecommunications service providers, and You hereby irrevocably grant to CareAR all such rights and permissions in or relating to Personal Data relating to You as are necessary or useful for CareAR, its subcontractors, and agents to perform CareAR’s obligations and exercise its rights under these SXM User Terms.
You hereby consent to the collection, disclosure, processing and use of Your Personal Data as set forth in the above referenced documents, including the transfer of such Personal Data to the United States, Ireland, and/or other jurisdictions for storage, processing, and use by CareAR and its affiliates. The laws in these jurisdictions may differ from the laws of Your Jurisdiction and Personal Data may be subject to access by governmental authorities in these jurisdictions. CareAR SXM is controlled and operated from the United States and international transfers shall be made in accordance with applicable law. If Your consent under this clause is not sufficient under the law applicable to Your Jurisdiction, You shall not access or use CareAR SXM until You complete the procedure required under the law of Your Jurisdiction for giving consent. By accessing and using CareAR SXM, You understand and agree that Your Content and Personal Data, if stored by us, will be stored in the United States as set forth in the Privacy Policy and Data Processing Addendum. You also understand that You or other people that You collaborate with can access Applications that You access and use (including Your Subscriber Content and Content provided by CareAR) from outside of the United States and that nothing prohibits the processing of Personal Data outside of the United States.
You acknowledge that CareAR will collect, process and use Personal Data compiled in an aggregate and anonymized manner as well as information relating to Your interactions with CareAR SXM (collectively “SXM Data”). You agree that all right, title, and interest in SXM Data and all intellectual property rights therein, are vested in and are retained solely by CareAR and that You have no right to prohibit, restrict or otherwise interfere with any use of such SXM Data.
Acceptable Use: You may not use or access CareAR SXM unless You are at least the age of legal majority in the applicable jurisdiction. You may not access or use CareAR SXM in any way that is disruptive, harmful, unlawful or contrary to commonly acceptable standards of good behavior online, and in particular You may not and may not permit any third-party to directly or indirectly: (i) interfere with the lawful and authorized use of CareAR SXM by any person, system or program, (ii) interfere with the lawful business or activities of CareAR or any third-party; (iii) engage in bullying or harassment (iv) misrepresent the identity or intentions of anyone with access to Your Tenant (including You), or engage in any fraudulent or abusive behavior; (v) conduct unsolicited advertising or marketing or other activities that violate anti-spam laws, including the Telephone Consumer Protection Act and the Do-Not-Call Implementation Act (or any similar or analogous anti-spam, data protection, or privacy legislation in any other jurisdiction, or make unwanted communications; (vi) collect or harvest information about other people; (vii) provide to or through CareAR SXM any material that contains, transmits, or activates any malicious or harmful code or malware such as viruses, Trojan horses or worms or launch, cause or facilitate any cyber threat or other activity that can cause damage or injury to any system (viii) provide to or through CareAR SXM any material that someone may find offensive (including any libelous or defamatory, discriminatory, explicit, pornographic, or violent material); (ix) provide to or through CareAR SXM any material that misappropriates, infringes or otherwise violates the rights of any third-party (including intellectual property and privacy rights); (x) violate any law, regulation, guideline or code of practice to which You submit or are subject; or (xi) receive, send or otherwise process sensitive personal information within the meaning of data protection laws including, but not limited to Protected Health Information as defined by the Health Insurance Portability and Accountability Act of 1996 as amended, Special Category personal data as referred to in the EU General Data Protection Regulation or any other personal information protected by law in any applicable jurisdiction.
Any software We provide You may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through Your device settings. You will not, and will not permit any third-party to directly or indirectly: (A) misappropriate or infringe CareAR’s intellectual property rights; (B) access or use the CareAR SXM in any manner that (i) is not expressly permitted by these SXM User Terms and any applicable third-party license agreement; (ii) or violates any applicable law; (C) reverse engineer, decompile, disassemble, decode, adapt, disclose or otherwise attempt to derive, gain access to or discover the source code, object code or underlying structure, ideas or algorithms or any portion thereof relating to CareAR SXM; (D) copy, modify, translate, or create derivative works of or improvements or modifications to CareAR SXM or portion thereof; (E) input, upload, transmit, or otherwise provide to or through CareAR SXM any Subscriber Content that when used pursuant to these SXM User Terms: (i) causes CareAR to misappropriate, infringe or otherwise violate the intellectual property rights of any third-party or (ii) obligates CareAR to grant any rights to You or to any third-party; (F) use, distribute or sell the CareAR SXM for the benefit of a third-party unless authorized in writing by CareAR; (G) use or view CareAR SXM for the purpose of developing a product or service competitive to the CareAR SXM or any of its applications or other components; (H) attempt to bypass or breach any security device or protection associated with CareAR SXM; (I) attempt to access CareAR SXM through an unauthorized third-party application, (J) use or access CareAR SXM in any way which may subject CareAR to liability or (K) otherwise access or use CareAR SXM in a manner that exceeds the scope of the authorization granted in these SXM User Terms.
Our Technology and Materials: CareAR SXM and related documentation and other materials are protected by copyrights, patents, trade secrets, or other proprietary rights. Some of the characters, logos, or other images incorporated in CareAR SXM are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by CareAR or others. CareAR or its licensors own and shall retain all right, title and interest in and to CareAR SXM, including all copyright and other intellectual property rights therein and, in using it, You do not acquire any ownership rights. CareAR SXM may contain software components provided by third parties. You have no right, license, or authorization with respect to CareAR SXM except as expressly set forth in these SXM User Terms or in the applicable third-party license.
Third Party Charges: You are responsible for any mobile data charges that You may incur for using CareAR SXM. If You are unsure what those charges may be, You should ask Your service provider before using CareAR SXM.
Apple App Store: The following applies to any mobile applications You acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that these SXM User Terms are solely a matter between You and CareAR, not Apple, Inc. (“Apple”). Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to You; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these SXM User Terms and any law applicable to CareAR as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of You or any third-party relating to the Apple-Sourced Software or Your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these SXM User Terms and any law applicable to CareAR as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or Your possession and use of that Apple-Sourced Software infringes that third-party’s intellectual property rights, CareAR, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these SXM User Terms. You and CareAR acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these SXM User Terms as relates to Your license of the Apple-Sourced Software, and that, upon Your acceptance of these SXM User Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these SXM User Terms as relates to Your license of the Apple-Sourced Software against You as a third-party beneficiary thereof.
Google Play Store: The following applies to any mobile applications You acquire from the Google Play Store (“Google-Sourced Software”): (i) You acknowledge that these SXM User Terms are solely a matter between You and CareAR only, and not Google, Inc. (“Google”); (ii) Your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where You obtained the Google-Sourced Software; (iv) CareAR, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to You with respect to Google-Sourced Software or these SXM User Terms; and (vi) You acknowledge and agree that Google is a third-party beneficiary to these SXM User Terms as they relate to CareAR’s Google-Sourced Software.
No Access to Emergency Services: CareAR SXM does not provide access to emergency services or emergency services providers (e.g., police, fire department, or hospitals), or otherwise connect to public safety answering points. You should ensure You can contact Your relevant emergency services providers through a mobile, fixed-line telephone, or other service.
Disclaimer of Warranties: Your access to and use of CareAR SXM and any Content is at Your own risk. You understand and agree that CareAR SXM is provided to You on an “AS IS” and “AS AVAILABLE” basis and that any use or reliance on any Content or materials You provide to or through, obtain from or store in CareAR SXM is at Your own risk. CareAR and its Affiliates, officers, directors, employees, agents, representatives, partners, and licensors, to the maximum extent permitted under applicable law, DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHERWISE EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS. Neither CareAR nor any of its affiliates, officers, directors, employees, agents, representatives, partners, or licensors makes any warranty or representation and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of CareAR SXM or any Content; (ii) any harm to Your computer system or any other devices used to access or use CareAR SXM, loss of data, or other harm that results from Your access to or use of CareAR SXM or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content or other data provided to or through CareAR SXM; and (iv) whether CareAR SXM will meet Your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from CareAR or through CareAR SXM will create any warranty or representation not expressly made herein.
Indemnity: You agree to indemnify and hold harmless CareAR from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from Your breach of these SXM User Terms, including any of the foregoing provisions, representations or warranties. Further, You agree to indemnify and hold harmless CareAR from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from the placement or transmission of any information onto CareAR’s or our affiliates or third-party partners’ servers and/or from any and all use of Your Credentials.
Release: In the event of a dispute with or between one or more End Users, You release CareAR from all claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes). In entering into this release, You expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims which You may know or suspect to exist in Your favor at the time of agreeing to this release.
Investigations: CareAR may seek to gather information from a user who is suspected of violating these SXM User Terms and from any other user at any time. CareAR may suspend access by any End User whose conduct or Content are under investigation and may remove such Content as it deems appropriate and without notice. If CareAR believes, in its sole discretion, that a violation of these SXM User Terms has occurred, it may permanently remove the Content, warn End Users, suspend End Users and passwords, terminate Tenant access, or take other corrective action it deems appropriate in its sole discretion. CareAR may fully cooperate with any law enforcement authorities or court order requesting or directing CareAR to disclose the identity of anyone using CareAR SXM. BY ACCEPTING THESE TERMS, YOU WAIVE AND HOLD HARMLESS CAREAR FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CAREAR, ITS AFFILIATES OR ANYONE ACTING ON ITS BEHALF DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CAREAR OR LAW ENFORCEMENT AUTHORITIES.
Suspension: CareAR may stop (permanently or temporarily) providing CareAR SXM or any features of it to You or to parties generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content, suspend or terminate End Users, and reclaim usernames without liability to You. We may suspend Your use of CareAR SXM at any time in our sole discretion. If We suspend Your access, You must not create other Credential without our written permission.
Local Regulations: We make no representation that CareAR SXM is available for use or permitted by law in any particular location. To the extent You choose to access CareAR SXM, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country in which You reside.
Export: CareAR SXM is subject to United States (U.S.) sanctions restrictions and export control laws and regulations. You warrant and represent that: (i) You are eligible to receive and use U.S. exports; (ii) You are not listed on either the U.S. Department of Commerce’s Entity List or Denied Persons List or the U.S. Department of Treasury’s List of Specially Designated Nationals; (iii) You are not resident or otherwise located in Cuba, Iran, North Korea, Syria, or the Crimea, Donetsk or Luhansk regions, and You are not a national of Cuba; (iv) You will not use or divert for use, directly or indirectly, any material, services, or technical data relating thereto: (a) in any nuclear related activity involving military end use or dual use without first obtaining any required U.S. export license or other U.S. governmental approval, (b) in the design, development, production, stockpiling or use of missiles, and/or (c) in the design, development, production, stockpiling or use of biological or chemical weapons; AND (v) You will not reexport, divert or otherwise distribute any material, services, software, or technical data, or any products derived from access to software or technical data provided hereunder, in contravention of U.S. law or regulation. You are equally required to comply with any locally applicable sanctions restrictions and/or export control laws and regulations. You hereby acknowledge and further agree that: (i) a violation of any of the above representations constitutes a violation of Your license to use CareAR SXM and therefore will be cause for the immediate termination of Your license to use CareAR SXM and (ii) CareAR may terminate Your license to use CareAR SXM in its entirety, effective immediately and without advance notice, if CareAR, Xerox or a government agency of the U.S. or any other country determines that an export license or other governmental approval is required for You to obtain or use (or continue to use) the materials and/or services.
Severability: In the event that any provision of these SXM User Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these SXM User Terms will remain in full force and effect. CareAR’s failure to enforce any right or provision of these SXM User Terms will not be deemed a waiver of such right or provision.
Feedback: You grant to CareAR and its Affiliates a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into CareAR and/or its Affiliates’ services any feedback, ideas, or suggestions and/or contributions to services provided by You. Under no circumstances will We pay You for the use of Your feedback, ideas or suggestions.
Changes to These SXM User Terms: We may update these SXM User Terms from time to time and if we do, we will notify You by posting a notice at our website along with the updated SXM User Terms. We will try to give You a reasonable amount of time in advance of any updates, however, this may not always be possible, for example if We have to make changes to meet security, safety, legal, or regulatory requirements.
Additional Terms: : Your use of CareAR SXM or any portion thereof may be subject to terms and conditions of an additional agreement between You and CareAR (e.g., a Professional Services Addendum) or an additional agreement between You and an affiliate or third-party. In such cases, You must read those additional agreements carefully and be sure You understand them. CareAR shall not be responsible for Your failure to meet the obligations of those agreements or Your inability to exercise any rights granted to You therein.
Conflicts: In the event of a conflict between these SXM User Terms and the terms and/or conditions of any other agreement between You and CareAR, these SXM User Terms shall control with respect to Your license to, access to and use of CareAR SXM.