Terms of Use

Effective Date: 2026.06.22

Last Updated: 2026.06.22

Welcome to the NOCAM App.

Please read these Terms carefully. Provisions limiting or excluding our liability may appear in bold for your special attention. By accessing or using any part of this App, you confirm that you have read, understand, and agree to be bound by all of these Terms and Conditions. If you do not agree, please do not access or use this App.

The NOCAM mobile application (the “App”) is operated by NOCAM TECHNOLOGIES INC. (“we,” “us,” or “our”). These Terms of Use (the “Terms”) govern your access to and use of the App, including device management, image capture and processing, AI-powered analysis features, and related services (collectively, the “Services”). These Terms apply to all visitors, users, and others who access or use the App.

The App is designed to work in conjunction with nocam Device / compatible models (each a “Device”). By downloading, installing, or using the App, you agree to be bound by these Terms.

DISPUTE RESOLUTION: PLEASE NOTE THAT THESE TERMS CONTAIN MANDATORY ARBITRATION PROVISIONS REQUIRING THAT, WITH LIMITED EXCEPTIONS, ALL DISPUTES BETWEEN YOU AND US BE RESOLVED THROUGH BINDING AND FINAL INDIVIDUAL ARBITRATION. THEY ALSO CONTAIN CLASS ACTION AND JURY TRIAL WAIVERS. PLEASE READ ARTICLE 13 (ARBITRATION, GOVERNING LAW, AND JURISDICTION) CAREFULLY. ARTICLE 13 ALSO INCLUDES A RIGHT TO OPT OUT OF ARBITRATION WITHIN A LIMITED PERIOD AFTER YOU FIRST ACCEPT THESE TERMS.

Article 1 User Eligibility

By agreeing to these Terms, you represent and warrant that:

  • You have the legal capacity to enter into a binding contract under the laws of your jurisdiction of residence;
  • You are at least 18 years of age, or have reached the age of legal capacity recognized in your jurisdiction, and are legally permitted to use this App and our Services under the laws of your country. Individuals between 13 and 18 years of age may use this App only through an account owned by a parent or legal guardian, with that person’s express permission and under their direct supervision. Individuals under 13 years of age are not permitted to use this App independently;
  • You will comply with these Terms and all applicable local, national, and international laws, regulations, and ordinances;
  • You are not located in, ordinarily resident in, or organized under the laws of any jurisdiction subject to comprehensive U.S. sanctions or embargoes to the extent applicable law prohibits your use of the Services, and you are not a person with whom U.S. persons are prohibited from dealing under applicable export control or sanctions laws.

You may use certain basic features of the App, such as browsing content, without a registered account. To access and use the features of the App, including browsing content and utilizing core functionality (such as device pairing, image capture and processing, and AI-powered analysis), you must register an account using a valid email address. You must ensure that all information submitted during registration is accurate and kept up to date.

You alone are authorized to operate the account you create, and you remain solely responsible for all activities conducted through your account. You should keep your account credentials secure and change your password regularly. You agree to notify us immediately at contact@nocam.ai if you lose your password or discover or suspect any unauthorized use of your account.

If you violate any of these Terms, we reserve the right to suspend and/or deactivate your access, disable any user identification code or password, restrict, suspend, or terminate your account, remove any inappropriate content from your account, or take any other lawful measures we consider necessary.

You may not use our App or Services for any illegal or unauthorized purpose, or in violation of any applicable law. A material breach of these Terms may result in the immediate suspension or termination of your access to the Services.

Article 2 App Use and Intellectual Property

We reserve the right to refuse access to the App to anyone for any reason at any time.

All content on this App, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, underlying code, and software (collectively, “App Content”), is the property of NOCAM TECHNOLOGIES INC. or its licensors and is protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The nocam name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of NOCAM TECHNOLOGIES INC. or its affiliates. You must not use such marks without our prior written permission.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the App and its content solely for your personal, non-commercial purposes. This license does not include: (a) any resale or commercial use of the App or its contents; (b) any derivative use of the App or its contents; (c) any downloading or copying of account information for the benefit of any third party; or (d) any use of data mining, robots, or similar data gathering and extraction tools.

We may provide you with access to third-party tools or integrations over which we have no control. Any use of such third-party tools is entirely at your own risk and discretion.

We may, in the future, offer new services and/or features through the App. Such new features and/or services shall also be subject to these Terms.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written permission.

The App may allow you to capture, upload, submit, or otherwise provide content, including photographs, videos, audio recordings, images of yourself or others, and related information (collectively, “User Content”). As between you and us, you retain all rights you hold in your User Content. You represent and warrant that you own or have obtained all rights, consents, and permissions necessary to submit your User Content and to grant the license below, including, where your User Content contains the likeness, voice, image, or personal or biometric information of any individual (including any third party), all consents required under applicable law.

You grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, process, adapt, and display your User Content solely to the extent necessary to operate, provide, secure, and improve the App and the Services for you, and as otherwise described in our Privacy Policy. We will not use your User Content for any other purpose without your separate consent, except as required by law.

The App may use artificial intelligence to generate images, videos, audio, text, or other outputs based on your inputs (collectively, “Output”). Subject to your compliance with these Terms and applicable law, and to the extent we hold any rights in the Output, we assign to you our rights in the Output generated for you, so that you may use it for your personal purposes. You acknowledge that: (a) Output may not be unique, and similar or identical Output may be generated for other users; (b) Output may not be eligible for copyright or other intellectual property protection in some jurisdictions; and (c) you are solely responsible for your use of the Output and for ensuring it does not infringe any third party’s rights or violate any applicable law.

If you provide us with any suggestions, ideas, or other feedback regarding the App or Services (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and exploit such Feedback for any purpose without any obligation or compensation to you.

All rights not expressly granted to you in these Terms are reserved by us and our licensors.

Article 3 App Features and Device Connectivity

The App offers the following features, which vary depending on the Device model you are using:

  • Device Pairing and Management: Connect and manage your Device via Bluetooth and Wi-Fi. You can view device status, battery level, firmware version, storage status, and firmware update reminders.
  • Automatic Capture: The App and Device provide automatic shooting features, including AI auto-framing, automatic subject recognition, automatic capture of suitable moments, and scene recognition. These features involve autonomous AI decision-making. To enable them, the Device processes real-time video streams (temporarily buffered locally for analysis) and certain biometric-related data, including facial detection and human pose estimation. Such processing is used solely to detect, frame, and track the subject; it is not used for identity recognition or to match against any individual’s identity. This data may nonetheless constitute biometric information or sensitive personal information under applicable law. See Article 8 for more details on how we handle this data.
  • AI Shooting Guidance: The Device may provide simple shooting guidance and posing suggestions through voice or on-screen prompts. This feature involves autonomous AI decision-making and processes human pose data. To understand and respond to your spoken instructions, the App collects your audio in real time; this audio is processed for real-time interaction only and is not stored. Video is temporarily buffered locally for real-time posture analysis.
  • AI Photo Selection and Editing: Review, select, and enhance your photos and video clips. Editing functions may include basic image-quality optimization, lighting and color optimization, facial-skin/feature/body beautification, background blur, AI cropping and AI outpainting for composition, and stylized filters. These functions may involve autonomous AI decision-making and may process facial keypoint data. In certain scenarios, the App may use AI to generate or augment content based on your actual photographs; it does not generate wholly fictitious persons or fabricated content.
  • Original Comparison and Manual Control: You have the ability to view the original, unedited photographs in order to compare them against the AI-enhanced results. You retain full control over the final output, allowing you to manually select specific photos for further AI editing or to bypass the AI processing entirely and save the original, unaltered images to your device.
  • Aesthetic Scoring and Composition (subject to availability): Certain models or later versions may provide aesthetic-evaluation and auto-framing suggestions based on AI aesthetic-scoring models. Such results are provided for reference and creative assistance only.
  • Media Library and Sharing: Organize, store, and manage the photos and videos you capture, and export or share them to other applications at your discretion.
  • AI Chat Assistant (subject to availability): An AI-powered chat function allows you to ask shooting- and feature-related questions. Conversations are not permanently stored—records are deleted when you exit the chat session.
  • Notifications and Reminders: Receive in-app notifications for firmware updates, feature announcements, and other relevant alerts.
  • Account Management: Edit your profile, manage notification settings, and delete your account.

Features and availability may vary by Device model and region. We reserve the right to add, modify, or discontinue features at any time.

Article 4 Subscription Services

Applicability. This Article applies only if you purchase or use paid subscription services, automatically renewing subscriptions, or other paid digital features offered through the App in the United States, including any paid AI features where available (the “Subscription Services”).

Subscription Plans and Pricing. The available subscription plan, price, billing period, included features, applicable taxes, and any material limitations will be displayed in the App and/or in the Apple App Store or Google Play checkout flow before you confirm your purchase.

Free Trials and Promotional Offers. If we offer a free trial or promotional offer, the applicable duration, eligibility requirements, renewal price, and any other material terms will be disclosed before you enroll. Unless you cancel before the end of the trial or promotional period, your subscription may automatically convert into a paid subscription at the price and billing period disclosed at enrollment.

Automatic Renewal. BY PURCHASING A SUBSCRIPTION SERVICE, YOU AUTHORIZE THE APPLICABLE APP STORE PROVIDER TO CHARGE YOUR SELECTED PAYMENT METHOD ON A RECURRING BASIS UNTIL YOU CANCEL. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD UNLESS YOU CANCEL BEFORE THE RENEWAL DATE IN ACCORDANCE WITH THE APPLICABLE APP STORE OR GOOGLE PLAY CANCELLATION PROCESS. Within a reasonable period before each auto-renewal charge, we will send you a renewal reminder via in-app push notification, email, or the other contact method you provided, informing you of the upcoming renewal date, the renewal price, the billing period, and how to cancel. You are responsible for ensuring that the contact information you provide is accurate and current, and that you have enabled the relevant notification permissions, so that you can receive such reminders.

Platform Payments. Subscription Services purchased through the App may be processed by Apple App Store or Google Play. Your payment, billing, renewal, cancellation, and refund rights may be governed by the applicable platform terms and policies. We do not directly receive or store your full payment card information for platform-based in-app purchases.

Cancellation. You may cancel your subscription through the subscription management settings of the Apple App Store or Google Play, or through any cancellation method made available in the App. Deleting the App, deleting your account, disconnecting a Device, or ceasing to use the App does not automatically cancel your subscription. After cancellation, you may continue to access paid features until the end of the then-current paid billing period, unless otherwise required by applicable law or platform policy.

Refunds. Refunds for Subscription Services purchased through Apple App Store or Google Play are generally handled by the applicable platform in accordance with its refund policies. Except where required by applicable law or platform policy, subscription fees already paid are non-refundable, and no prorated refund will be provided for partial billing periods.

Changes to Subscription Services. We may modify, suspend, or discontinue Subscription Services or paid features from time to time. If a change materially affects your paid subscription, we will provide notice as required by applicable law or platform policy. Any price change will apply in accordance with the applicable platform rules and may require your confirmation where required.

Eligibility; No Use by Minors. The App and Subscription Services are not intended for use or purchase by minors and are intended only for adults who have reached the age of majority in their jurisdiction. By purchasing a Subscription Service, you represent and warrant that you meet this requirement. We do not knowingly offer Subscription Services to minors. If we become aware that a Subscription Service has been purchased by or on behalf of a minor in violation of these terms, we may cancel the subscription and address any related charges in accordance with applicable law and platform policy.

Article 5 Third-Party Integrations and Links

The App may integrate with or link to third-party services, including but not limited to cloud storage services, social media and content-sharing platforms, and other applications to which you may export or share your photos and videos. We are not responsible for examining or evaluating the content, accuracy, or privacy practices of such third-party services.

We are not liable for any harm or damages related to your use of third-party services. Please review the relevant third party’s policies and terms before engaging with them.

Article 6 Personal Information and Privacy

Your use of the App involves the collection and processing of personal information. Our handling of your personal information is governed by our Privacy Policy.

If you have purchased our Products or subscribed to our communications, or have provided consent to be contacted, we may send you notifications about our Products and related updates. You may opt out at any time through your account settings.

Article 7 Children’s Use and Parental Controls

The App and the Device are not directed to or intended for use by children, and are intended only for adults. We do not knowingly permit registration or use by minors, and we do not knowingly collect personal information from children.

The features of the App—including automatic capture, AI shooting guidance, and AI photo selection and editing—involve the processing of images, video, audio, and biometric-related data (such as facial detection and human pose estimation). These features are designed for use by adults and are not intended for children.

If you are a parent or guardian and believe that a child has created an account or provided personal information through the App without your consent, please contact us at contact@nocam.ai so that we may take appropriate steps, including deleting such account and information.

We do not knowingly use any personal information collected through the App for behavioral advertising directed at children, and we do not knowingly share such information with third parties for commercial purposes.

Article 8 Biometric-Related Processing

  1. Nature of Processing. Certain features of the App and Device—including Automatic Capture, AI Shooting Guidance, AI Photo Selection and Editing, and Aesthetic Scoring—operate by detecting and analyzing the presence, location, and geometric characteristics of faces and human bodies within images, video streams, and (where you activate voice interaction) associated audio. In doing so, we may process information that could constitute a “biometric identifier,” “biometric information,” “biometric data,” or “sensitive personal information” under applicable U.S. state laws, including the Illinois Biometric Information Privacy Act (“BIPA”), the Texas Capture or Use of Biometric Identifier Act, the Washington My Health My Data Act, and the California Consumer Privacy Act as amended.
  2. Purpose Limitation. Such processing is performed solely to provide the photography, framing, guidance, and image-processing features that you affirmatively invoke. We do not use such information to identify, verify, authenticate, or match the identity of any individual, and we do not use it for surveillance, profiling, cross-context behavioral advertising, or law-enforcement purposes.
  3. No Retention of Biometric Templates. Where technically feasible, detection is performed locally on your Device and is not transmitted to our servers. Where cloud processing is required to deliver a feature you have requested, only the specific image or audio segment is transmitted for processing; we do not create, store, or retain any permanent facial-geometry template, faceprint, or biometric identifier vector. Any incidental biometric information will be destroyed in accordance with the retention schedule set forth in our Privacy Policy.
  4. Third-Party Content. If you capture images or audio containing the likeness, voice, or biometric information of any other individual, you represent and warrant that you have obtained all consents required under applicable law from such individual (including, where applicable, informed written consent under BIPA and equivalent statutes) before submitting such content to the App. You agree to indemnify us against any claim arising from your failure to obtain such consents.

Article 9 Prohibited Uses

In addition to other prohibitions set forth in these Terms, you are prohibited from using the App or its content:

  • For any unlawful purpose;
  • To solicit others to perform or participate in any unlawful acts;
  • To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • To submit false or misleading information;
  • To upload or transmit viruses or any other type of malicious code;
  • To collect or track the personal information of others;
  • To spam, phish, pharm, pretext, spider, crawl, or scrape;
  • For any obscene or immoral purpose;
  • To interfere with or circumvent the security features of the App, other websites, or the Internet.

We reserve the right, to the extent permitted by law, to suspend or terminate your use of the App for violating any of the prohibited uses.

Article 10 Disclaimer of Warranties; Limitation of Liability

App and Services Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE APP, SERVICES, APP CONTENT, AND ALL FEATURES MADE AVAILABLE THROUGH THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OR REQUIRED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES WITH RESPECT TO THE APP AND SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

AI Features and Generated Content Disclaimer

THE AUTOMATIC CAPTURE, AI SHOOTING GUIDANCE, AESTHETIC SCORING, AI PHOTO SELECTION AND EDITING, AND AI-GENERATED OR AI-AUGMENTED CONTENT PROVIDED THROUGH THE APP ARE PRODUCED BY AUTOMATED SYSTEMS AND ARE PROVIDED FOR INFORMATIONAL, CREATIVE, AND PERSONAL-USE PURPOSES ONLY. SUCH OUTPUTS MAY CONTAIN ERRORS, INACCURACIES, OR RESULTS THAT DO NOT MATCH YOUR EXPECTATIONS, AND REFLECT ALGORITHMIC AND AESTHETIC PROCESSING RATHER THAN OBJECTIVE JUDGMENT. WHERE AI IS USED TO GENERATE OR AUGMENT CONTENT BASED ON YOUR PHOTOGRAPHS, THE RESULTS MAY DIFFER FROM THE ORIGINAL SCENE. WE DO NOT WARRANT THAT AUTOMATIC CAPTURE OR AI FEATURES WILL OPERATE WITHOUT INTERRUPTION OR ERROR, OR THAT ANY PARTICULAR MOMENT, SUBJECT, OR IMAGE WILL BE CAPTURED, RECOGNIZED, OR ENHANCED. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF, AND RELIANCE ON, ANY SUCH OUTPUTS AND FOR ENSURING THAT YOUR USE COMPLIES WITH APPLICABLE LAW AND THE RIGHTS OF OTHERS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOCAM TECHNOLOGIES INC. AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “PARTIES”) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THE APP, SERVICES, OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Liability Cap

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE PARTIES ARISING OUT OF OR RELATING TO THE APP, SERVICES, OR THESE TERMS WILL NOT EXCEED USD $100.00.

Exceptions

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR VIOLATION OF NON-WAIVABLE CONSUMER PROTECTION RIGHTS.

Article 11 Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless us, our parent company, subsidiaries, and affiliates, as well as our officers, directors, agents, and employees, from and against any third-party claims, actions, liabilities, losses, damages, judgments, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (i) your willful or negligent misuse of the Services in a manner materially inconsistent with these Terms; (ii) your material breach of these Terms; (iii) your violation of any applicable law or regulation, or your infringement of any third-party rights; (iv) any content you capture, upload, generate, edit, or share through the App, including any claim that such content infringes or violates the intellectual property, privacy, publicity, or other rights of any third party; or (v) your capture, recording, or processing of images, video, audio, or likeness of any other person without obtaining any consent required by applicable law.

We will promptly notify you of any such claim and provide you with reasonable assistance (at your expense) in the defense of such claim. We reserve the right, at your expense, to assume exclusive control and defense of any matter subject to indemnification by you. You may not settle any such claim without our prior written consent.

Article 12 Suspension and Termination of Services

We reserve the right to immediately suspend or restrict access to the Services, or to terminate these Terms, in any of the following circumstances:

  • You have breached any provision of these Terms;
  • We are unable to provide the Services to you due to a force majeure event;
  • We may, at our sole discretion, terminate the Services (in whole or in part) for any reason, including but not limited to business restructuring, legal requirements, or risk management considerations;
  • Any other circumstances specified in these Terms.

Any suspension or termination of your access to the App or account will not affect any rights or obligations that by their nature survive termination.

Upon termination, you may lose access to the content stored in or associated with your account, including photographs, videos, audio, AI-generated content, and related data. Where reasonably practicable and permitted by law, we will provide you with a reasonable opportunity to export or retrieve your content before deletion, except where immediate suspension or termination is necessary to comply with law, prevent harm, or address a serious breach of these Terms.

Upon termination, we may retain and delete information, including any captured images, voice data, and biometric-related data, in accordance with applicable law, our Privacy Policy, and our legitimate business, accounting, and recordkeeping needs.

Article 13 Arbitration, Governing Law and Jurisdiction

We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us or our Services, you agree to first contact us through our support team via email at contact@nocam.ai or via Postal Address: 573 BELLEVUE ROAD, SUITE D. If any dispute cannot be resolved through our support team, you agree that at least 35 days before initiating arbitration, you will send us an individualized notice of the dispute in writing with the salutation “To: NOCAM TECHNOLOGIES INC.” and send it via physical mail to 573 BELLEVUE ROAD, SUITE D. The Pre-Dispute Notice must include the date of the notice, your name, your signature, a brief description of the dispute that includes the date or dates of any interactions with us that form the basis of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 35-day period, only then may either party commence arbitration by filing a written demand for arbitration with the arbitration provider designated pursuant to this Article.

ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, THE USE OF OUR APP, YOUR PURCHASE OR USE OF PRODUCTS OR SERVICES, OR THE RELATIONSHIP BETWEEN YOU AND NOCAM TECHNOLOGIES INC., INCLUDING ANY CLAIMS THAT AROSE BEFORE ACCEPTANCE OF THESE TERMS (COLLECTIVELY, “DISPUTES”), THAT CANNOT BE RESOLVED INFORMALLY, SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH THE AAA’S CONSUMER ARBITRATION RULES THEN IN EFFECT, EXCEPT FOR DISPUTES RELATED TO INFRINGEMENT OR MISUSE OF INTELLECTUAL PROPERTY, AS FURTHER DESCRIBED BELOW.

YOU AND WE AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, INCLUDING BUT NOT LIMITED TO LITIGATION, ARBITRATION, OR MEDIATION, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS OR MASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND RELATING TO YOUR USE OF OUR APP OR THESE TERMS.

You and we agree that any questions regarding arbitrability and the formation, enforceability, validity, scope or interpretation of all or part of these Terms, including compliance with the Pre-Filing Notice Requirement, shall be resolved exclusively by the arbitrator. Any applicable limitations period (including statutes of limitations) shall apply in arbitration like in court. The arbitrator may award any relief allowed by law but damages, declaratory, or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the individual claims adjudicated. The arbitrator shall issue a written decision which shall include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

You and we agree that if any portion of this arbitration agreement is found unenforceable, then that portion of the arbitration agreement shall be severed and the remainder of the arbitration agreement shall continue to control.

You and we agree that any information exchanged between us in an arbitration may be used solely for that arbitration. You and we also agree to keep any information exchanged between us in arbitration confidential between us, you, your and our attorneys, and the arbitrator. To the extent additional persons require access to information exchanged for purposes of the arbitration, you and we agree to negotiate in good faith for the entry of a protective order that will impose similar confidentiality obligations.

Both parties agree that certain disputes, such as those involving intellectual property rights, are expressly prohibited from being subject to mandatory arbitration. While the parties may resolve such exempt disputes in a court of competent jurisdiction according to applicable law, the exemption of these specific claims does not invalidate, waive, or otherwise affect the enforceability of this arbitration clause for all other disputes.

These Terms are governed by the laws of the State of California without reference to rules governing choice of law, and all arbitration proceedings shall be governed by the Federal Arbitration Act. You and we agree that these arbitration agreements and clauses evidence a transaction involving interstate commerce. Unless you and we otherwise agree, if you reside in the United States, the arbitration will be conducted in the county where you reside.

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to 573 BELLEVUE ROAD, SUITE D, Attn: NOCAM TECHNOLOGIES INC. / Liora. Your written notice must have the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within fifteen (15) days of your first date that you used the App that contained this Terms of Use. Otherwise you shall be bound to arbitrate disputes in accordance with this section. If you opt out of these arbitration provisions, we also will not be bound by them.

Article 14 General Provisions

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms without affecting the validity and enforceability of any other remaining provisions.

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us in the App constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Any notice required under these Terms must be submitted in writing to the receiving party by email or by mail to the address specified in these Terms.

These Terms are drafted in English but may be translated into other languages. In the event of any conflict between the English version and any translated version, the English version shall prevail.

We shall not be liable for any delay or failure to perform our obligations under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, government action, fire, flood, epidemic, or shortage of infrastructure, connectivity, or materials.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

Article 15 Changes to Terms of Use

You can review the most current version of these Terms at any time within the App.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates within the App. Your continued use of or access to the App following the posting of any changes constitutes your acceptance of those changes.

We will provide reasonable advance notice of material changes to these Terms by sending a notification to the email address registered with your account or by posting a prominent notice in the App.

Article 16 Accessibility

We are committed to improving the accessibility of our App to ensure that persons with disabilities have full and equal enjoyment of our Services. Our App is designed to be compatible with modern mobile platforms and common assistive technologies.

We welcome your feedback on the accessibility of the App. If you encounter accessibility barriers, please contact us at contact@nocam.ai.

Article 17 Contact Us

If you have any questions regarding these Terms or require information about our Services, please contact us:

NOCAM TECHNOLOGIES INC.
Privacy Contact: Liora
Email: contact@nocam.ai
Address: 573 BELLEVUE ROAD, SUITE D