Last Updated: September 2026
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 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;
(b) 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.
(c) 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. Indemnifications.
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. Disclaimers.
THE ANALYSIS PRODUCTS AND THE CONTENT RELATING THERETO ARE ALL PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS. 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, UNINTERRUPTED, OR FREE FROM DEFECTS, OR THAT ANY ERRORS WILL BE CORRECTED; AND/OR (II) REGARDING THE PERFORMANCE, ACCURACY, QUALITY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY INFORMATION, INDICATION, RESULT OR OTHER CONTENT PROVIDED BY OR THROUGH THE ANALYSIS PRODUCTS OR SERVICE.
THE ANALYSIS PRODUCTS ARE DESIGNED TO PROVIDE INDICATION BASED ON THE PARAMETERS THEY ARE DESIGNED TO DETECT. ANY SUCH INDICATION IS INFORMATIONAL IN NATURE AND DOES NOT CONSTITUTE, AND MUST NOT BE RELIED UPON AS, A CERTIFICATION, GUARANTEE OR DETERMINATION THAT FOOD IS SAFE OR UNSAFE FOR CONSUMPTION, FIT OR UNFIT FOR CONSUMPTION, OR OTHERWISE SUITABLE OR UNSUITABLE FOR USE, SALE, DISTRIBUTION OR CONSUMPTION. BIOTIP DOES NOT WARRANT THAT ANY INDICATION OR RESULT PROVIDED BY AN ANALYSIS PRODUCT WILL ALWAYS BE ACCURATE, COMPLETE, RELIABLE OR FREE FROM ERROR, INCLUDING THAT THE ANALYSIS PRODUCT MAY PRODUCE FALSE POSITIVE OR FALSE NEGATIVE RESULTS. YOU ACKNOWLEDGE THAT ANY DECISION TO ACCEPT, REJECT, RELEASE, SELL, DISTRIBUTE, CONSUME, DISPOSE OF, DESTROY OR OTHERWISE HANDLE FOOD OR OTHER PRODUCTS BASED IN WHOLE OR IN PART ON AN ANALYSIS PRODUCT OR ITS RESULTS IS MADE AT YOUR SOLE RESPONSIBILITY AND RISK.
BIOTIP IS NOT RESPONSIBLE IF INFORMATION, INDICATIONS OR RESULTS MADE AVAILABLE THROUGH THE ANALYSIS PRODUCTS OR SERVICE ARE NOT ACCURATE, COMPLETE OR UP TO DATE, AND SPECIFICALLY CLARIFIES AND DISCLAIMS THE FOLLOWING:
4.1. Intended Use; Not a Medical or Food-Safety Device
The Analysis Products provide qualitative indication of surface acidity and general organic residue accumulation when used as directed. The Analysis Products do not, by themselves, identify all pathogens, contaminants, hazards or conditions that may affect the safety, quality or suitability of food, do not constitute a comprehensive food-safety assessment, and do not replace applicable food-safety procedures, inspections, testing, professional assessment or regulatory requirements.
The Analysis Products are not a medical device and must not be used for clinical, diagnostic, sterilization, or food-safety certification purposes. The Analysis Products should not be relied upon as the sole basis for determining whether food is safe or unsafe for consumption or whether a food shipment or product should be accepted, rejected, released, sold, distributed, consumed, recalled, disposed of or destroyed.
4.2. 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.
You shall maintain appropriate independent food-safety, hygiene, sanitation, quality-control or inspection procedures and shall obtain additional professional, laboratory or other testing or verification where appropriate, including where required by applicable law, regulation, industry standards, internal procedures, or where a result may give rise to a material or consequential decision.
In particular, where an indication or result may result in the rejection, disposal, destruction, recall or other material disposition of a shipment, batch or substantial quantity of food, you shall independently assess whether additional inspection, testing or verification is appropriate before taking such action.
4.3. 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, inaccurate, incomplete, delayed or otherwise erroneous indications or results may occur. Results are time-limited and may drift, change or fade over time. Each unit of the Analysis Product is a single-use product and should not be reused.
4.4. 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.
4.5. Food Contact and Contamination
You shall use the Analysis Products only in accordance with their labeling, instructions for use and applicable food-safety requirements.
Except to the extent expressly permitted by the applicable product documentation, you shall not use, apply, handle, store or remove an Analysis Product in a manner that may result in the transfer of any substance or component of the Analysis Product to food.
BioTip does not warrant that the use of an Analysis Product will prevent contamination, spoilage or other changes to food, except to the extent expressly stated in the applicable product documentation.
4.6. 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.
4.7. 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).
Except for the limited warranty expressly set forth above, BioTip makes no warranty or representation regarding the accuracy or reliability of any indication or result produced by an Analysis Product or regarding the safety, quality, freshness, suitability or condition of any food assessed using an Analysis Product.
Companion App; Separate Terms; Interoperability
4.7.1. 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.
4.7.2. 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).
4.7.3. 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.
4.7.4. 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, INCLUDING ANY DECISION OR ACTION TAKEN BY YOU OR ANY THIRD PARTY BASED IN WHOLE OR IN PART ON ANY INDICATION, RESULT OR INFORMATION PROVIDED BY AN ANALYSIS PRODUCT.
NEITHER BIOTIP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE ANALYSIS PRODUCTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, BUSINESS, BUSINESS OPPORTUNITIES, GOODWILL, DATA OR ANTICIPATED SAVINGS, BUSINESS INTERRUPTION, OR COSTS OF REPLACEMENT, RECALL, INSPECTION, TESTING, STORAGE, TRANSPORTATION, DISPOSAL OR DESTRUCTION, OR FOR ANY ILLNESS, PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE ANALYSIS PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY LOSS, DAMAGE, COST OR EXPENSE ARISING OUT OF OR RELATING TO (I) ANY INCORRECT, INACCURATE, DELAYED OR FAILED INDICATION OR RESULT PROVIDED BY AN ANALYSIS PRODUCT, INCLUDING ANY FALSE POSITIVE OR FALSE NEGATIVE; (II) ANY DECISION OR ACTION TAKEN BY YOU OR ANY THIRD PARTY IN RELIANCE ON SUCH INDICATION OR RESULT, INCLUDING THE ACCEPTANCE, REJECTION, RELEASE, SALE, DISTRIBUTION, CONSUMPTION, DISPOSAL, DESTRUCTION OR RECALL OF ANY FOOD, BATCH OR SHIPMENT; (III) ANY SPOILAGE, CONTAMINATION OR OTHER CONDITION OF FOOD OR OTHER PRODUCTS; OR (IV) ANY ALLEGED OR ACTUAL CONTAMINATION OF FOOD ARISING FROM OR RELATING TO THE USE, APPLICATION, HANDLING, STORAGE OR REMOVAL OF AN ANALYSIS PRODUCT OR ANY OF ITS COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIOTIP SHALL NOT BE LIABILE FOR ANY CONSEQUENCES SUFFERED BY YOU OR ANY THIRD PARTY THAT MAY RESULT FROM (I) ANY MISREPRESENTATION, MISUSE OR FALSE INFORMATION PROVIDED BY YOU; (II) FAILURE TO FOLLOW THE APPLICABLE INSTRUCTIONS FOR USE; (III) IMPROPER STORAGE, HANDLING OR APPLICATION OF AN ANALYSIS PRODUCT; (IV) USE OF AN ANALYSIS PRODUCT AFTER ITS EXPIRATION DATE; OR
(V) TECHNICAL, ENVIRONMENTAL OR OTHER CONDITIONS OUTSIDE BIOTIP’S REASONABLE CONTROL.
THE FOREGOING EXCLUSIONS SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BIOTIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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.
6. Miscellaneous.
(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.
(e) 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.
