Terms & Conditions

Last Updated: November 2025

1. Preamble

The terms of service (“Terms”) listed below constitute the entire agreement between you and Bio Tip Ltd. (“BioTip ” or “us”, “our”, “we”), in relation to your use of our “eyeD” food quality Stickers and/or the eyeQ food quality Analysis Kit and/or eyeApp application to analyses eyeD and/or eyeQ and or Traceability platform (“Analysis Products”).

The Analysis Products include all information, tools and services available to enable you to use our proprietary solution to assess the potential freshness or fitness for consumption of food products based on chemical, humidity and germs levels detected in either sealed packaged products or upon the products themselves, as applicable between the Stickers and Qtip Analysis Kit.

Additionally, BioTip  may provide you with information regarding the basis of the reading received by use of the Analysis Products, including any other content related thereto, such as method of calculation, basis of measurement, contact information for support and/or general queries, instruction videos, photos, text, files, logos, or other specialized content, whether printed within the instruction leaflet of the product or online through our Website prior to or during purchase thereof (collectively, the “Content”).

Use of the Analysis Products is conditional upon your understanding and unconditional consent to these Terms, which are also available in printed format in a leaflet included with the Analysis Product’s package.

If you do not agree to any of these Terms, please do not browse or send us any personal information through the Website and/or make use of our Service through the App.

By making use of the Analysis Products, you hereby declare and confirm:

(1) That you are at least 18 years old and that you have the right, authority, and capacity to enter into these Terms of Use and/or to abide by all of the terms and conditions set forth herein.

(2) You have read, understood and agree to these Terms.

BioTip  reserves the right to change, modify or update the Terms and the content of future iterations of the Analysis Products at any time without prior notice, including updates that modify or remove previously available functionality.

BioTip  will publish updated versions of these Terms on its Website and provide updated printed versions in the newer versions of the Analysis Products, following such changes in future iterations thereof.

You may not, nor may you assist other parties to:

(a)  Copy, modify, adapt, create derivative works, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Analysis Products or any content relating thereto;

(c)   Make use of contact information provided relating to the Analysis Products (on our Website or in the printed instructions leaflet) for unauthorized purposes, including marketing or re-sale.

(d)  Use the Analysis Products to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches these Terms.

2. Intellectual Property. BioTip , its licensors or its content providers shall at all times solely own and maintain all right, title and interest in and to, and be protected by copyright, trademark and other applicable laws (“Intellectual Property”, as defined in subsections (a) to (c) below), in regard to:

(a) The Analysis Products, all content relating thereto in the leaflet or product information on our Website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, as well as the selection and arrangement thereof) and related documentation and all enhancements, derivatives, bug fixes or improvements to the App;

(b) All trade names, trademarks, and logos of BioTip  and the photos uploaded by BioTip . You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the App. All trademarks are trademarks or registered trademarks of their respective owners.

(c) The proprietary chemicals, materials, codes or imbedded digital markings, which are deployed during the use of our Analysis Product to interpret the data, conditions and/or chemical or physical levels required to output a proposed condition (fit/unfit for consumption) etc.

These Terms do not convey to you an interest in our Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of our Intellectual Property under any law.

3. You shall fully indemnify, defend, and hold harmless BioTip  against any and all claims, demands, damages, costs or expenses (including reasonable attorneys’ fees and court costs) which BioTip  may suffer or incur in connection with any claim, demand, action, lawsuit or other proceeding whatsoever brought by you or any third party, arising directly or indirectly out of:

(a) any breach of these Terms;

(b) any claim, loss or damage experienced from your use or attempted use of the Analysis Products, including any representation, reliance or obligation made based on the output of the Analysis Products;

(c) your violation of any law or regulation; and

(d) your infringement of any right of any third party.

4. THE ANALYSIS PRODUCTS AND THE CONTENT RELATING THERETO ARE ALL PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. BIOTIP  EXPRESSLY DISCLAIMS ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, BIOTIP  FURTHER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, (I) THAT THE ANALYSIS PRODUCTS AND/OR SERVICE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; AND/OR (II) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE WEBSITE AND/OR SERVICE.

BIOTIP  IS NOT RESPONSIBLE IF INFORMATION MADE AVAILABLE ON THE APP IS NOT ACCURATE, COMPLETE OR UP TO DATE, AND SPECIFICALLY CLARIFIES AND DISCLAIMS THE FOLLOWING:

 

• Intended Use; Not a Medical or Food-Safety Device

The Analysis Product provides qualitative indication of surface acidity and general organic residue accumulation when used as directed. It does not identify specific pathogens, quantify contamination, or prove cleanliness/safety.

The Analysis Product is not a medical device and must not be used for clinical, diagnostic, sterilization, or food-safety certification purposes.

• User Responsibilities

Follow the instructions in our leaflet/online manual and use only according to the conditions and/or as instructed explicitly; treat a used Analysis Product as potentially contaminated; maintain independent hygiene/sanitation protocols.

• Performance Limits

Lighting/angle/color-vision variability; acids/bases/cleaners; humidity/condensation; temperature extremes; dyes/pigments; dust/grease; and surface texture may affect results. False positives/negatives can occur. Results are time-limited and may drift/fade. Each unit of the Analysis Product is a Single-use product.

• Prohibited Uses

Do not use for medical decisions or regulatory compliance; Do not ingest or apply the Analysis Product on/inside the human body, open wounds, or mucous membranes; do not use directly on food (unless labeling expressly permits contact with food). Do not heat, microwave, sterilize, or apply to critical equipment.

• Safety & Handling

Keep away from children/pets (small-parts/choking hazard). Avoid ingestion and skin contact; stop use if irritation occurs. Store sealed, away from sunlight/moisture, within 4-20 °C. Use before expiration.

• Limited Warranty (Product Only)

BioTip  warrants freedom from material defects at shipment and substantial conformity to labeled specs when used as directed before expiration. This warranty does not apply to defects or nonconformities resulting from misuse, improper storage, unauthorized modifications, normal wear and tear, or use outside the instructions for use (IFU).

Companion App; Separate Terms; Interoperability

• Optional App.

The Stickers may be used with the optional BioTip  eyeApp (the “App”) to assist with capturing images of the Sticker and displaying guidance and explanations about observed color changes. The App is not required to use the Stickers.

• Separate Legal Terms.

The use of the App is governed solely by the legal terms governing the App (the “App Terms”). These Analysis Products’ Terms apply only to the Analysis Products. If there is any conflict between the App Terms and these Analysis Products’ Terms, the App Terms shall control with respect to the App and related software/services, and these Terms shall control with respect to the Analysis Products (including the limited warranty).

• No Medical, Diagnostic, or Compliance Use. Whether used alone or together with the App, the Stickers and any readings produced by the App are qualitative indicators only and not a medical device, diagnostic tool, sterilization indicator, food-safety certification, or any legal basis for decision-making relating to the food products they are applied on. Do not rely on the Stickers or the App to determine cleanliness, safety, or fitness for any purpose.
• No Expansion of Warranty. The App does not modify or expand the limited warranty for the Analysis Products. Any software- or service-related commitments, if any, are set out exclusively in the App Terms.

 

5. Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE ANALYSIS PRODUCTS.

NEITHER BIOTIP  NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE ANALYSIS PRODUCTS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE ANALYSIS PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BIOTIP  HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES SUFFERED BY YOU OR OTHERS THAT MAY RESULT FROM (I) ANY MISREPRESENTATION, OR FALSE INFORMATION PROVIDED BY YOU; OR (II) TECHNICAL PROBLEMS.

IN NO EVENT WILL BIOTIP ‘S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE ANALYSIS PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (US$100).

INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

(a)  Notices and Correspondences. 

You hereby agree that – should you provide us with contact information during any query process, via a  “Contact Us” form or any other communication means available on our Website or in the instructions leaflet – BioTip  may contact you on the basis of such information by electronic means, including but not limited to email communications, SMS or text messages, via the information provided as mentioned above.

Notices sent by electronic means shall be deemed received when they are sent and will be responded to as soon as reasonably possible according to the nature of the correspondence/notice.

(b)  Entire Agreement. 

These Terms represent the entire agreement between the parties regarding the subject matter hereof and supersede any and all other previous agreements between the parties regarding the subject matter hereof. BioTip  may assign its rights or obligations pursuant to these Terms. Users shall not assign any rights under these Terms and any attempted assignment shall be void. If any provision of these Terms shall be deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall be interpreted to give maximum effect to its terms as permitted under law, and such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of these Terms which shall remain in full force and effect.

(c)  Jurisdiction. 

These Terms shall be governed by the laws of Israel and any dispute, controversy or claim arising out of, or relating to these Terms, will be referred solely to the competent courts of the District of Tel-Aviv, Israel.

(d)  No Employment.

These Terms do not create, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.

(f) No Waiver of Rights.

No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.