Overvak Terms of Service
Effective Date: August 29, 2026
Last Updated: August 29, 2026
Please read these Terms of Service ("Terms") carefully before accessing or using the websites, mobile applications, cameras, devices, artificial intelligence features, software, and related products and services provided by Overvak Inc. ("Overvak," "we," "us," or "our"), collectively, the "Services."
These Terms constitute a legally binding agreement between you and Overvak.
By creating an account, checking the box indicating your agreement, or accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and acknowledge our Privacy Policy.
If you do not agree to these Terms, do not create an account or use the Services.
IMPORTANT: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 19. EXCEPT AS DESCRIBED IN SECTION 19, DISPUTES BETWEEN YOU AND OVERVAK WILL BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN IN COURT.
1. Eligibility
You must be at least 18 years old and legally capable of entering into these Terms to create an Overvak account or use the Services.
The Services are designed for parents, legal guardians, caregivers, and other authorized adults.
The nature of the Services may involve processing information concerning children. By providing information concerning a child or using the Services to monitor a child, you represent and warrant that you have the authority and all permissions and consents required by applicable law.
2. Your Account
You must provide accurate and complete information when creating an account and keep your information current.
You are responsible for maintaining the confidentiality and security of your account credentials and for activity occurring through your account.
You may not use another person's account without permission or allow unauthorized individuals to access your account.
You must promptly notify Overvak if you believe your account or connected devices have been accessed without authorization.
3. Description of the Services
Overvak provides smart monitoring technology that may use artificial intelligence, machine learning, computer vision, audio processing, and other technologies to analyze video, images, audio, and related information from compatible cameras and devices.
The Services may identify activities and events such as crying, jumping, climbing, falls, and other supported activities and may generate event clips, notifications, highlights, summaries, and other information.
Features may be added, modified, suspended, or discontinued over time.
4. AI and Detection Limitations
Overvak's artificial intelligence systems are designed to assist parents and caregivers but are not infallible.
The Services may:
Fail to detect an event;
Incorrectly classify an event;
Generate false-positive or false-negative detections;
Provide delayed notifications;
Produce inaccurate summaries or descriptions; or
Become temporarily unavailable.
You must not rely on Overvak as the sole means of supervising a child or identifying or preventing an emergency.
Overvak is not an emergency-response service, medical monitoring service, professional childcare service, or substitute for appropriate adult supervision.
If you believe a child or another person is experiencing an emergency, contact the appropriate caregiver or emergency services directly.
5. Cameras, Recording and Consent
You are responsible for the placement, configuration, and lawful use of cameras, microphones, and other devices connected to Overvak.
Cameras may capture individuals other than you or your child, including nannies, babysitters, caregivers, household employees, family members, household members, and visitors.
You are responsible for complying with applicable privacy, surveillance, video-recording, audio-recording, employment, and consent laws and for providing any legally required notice and obtaining any legally required consent from individuals who may be captured by your devices.
You may not use Overvak to unlawfully monitor, surveil, record, harass, stalk, exploit, or otherwise violate the rights of another person.
6. Video, Audio and User Content
For purposes of these Terms, "User Content" may include video, audio, images, event clips, information, feedback, and other content transmitted, submitted, uploaded, or otherwise provided through the Services.
You retain your ownership rights in your User Content.
You grant Overvak a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, analyze, modify, transmit, and otherwise use User Content as reasonably necessary to provide, maintain, secure, research, develop, and improve the Services and as otherwise described in our Privacy Policy.
You represent and warrant that you have the rights and permissions necessary to provide User Content to Overvak and permit its processing in accordance with these Terms and our Privacy Policy.
7. AI Development and Service Improvement
Overvak continually develops and improves its artificial intelligence systems.
As described more fully in our Privacy Policy, Overvak may process information generated or collected through the Services to operate, maintain, research, develop, evaluate, test, validate, train, fine-tune, and improve Overvak's products, Services, artificial intelligence models, algorithms, and event-detection technologies where permitted by applicable law.
Such information may include detection results, user feedback, system-performance information, de-identified or aggregated information and, where permitted by applicable law, eligible video, audio, images, and event clips.
Where applicable law requires additional notice, consent, an opt-out right, or another mechanism for a particular use, Overvak will provide the applicable mechanism.
8. Acceptable Use
You agree not to:
Use the Services in violation of applicable law;
Record or monitor individuals unlawfully;
Use the Services to stalk, harass, exploit, threaten, or harm another person;
Attempt to gain unauthorized access to Overvak systems or another user's account;
Interfere with or disrupt the Services;
Introduce malicious software or code;
Circumvent security mechanisms;
Reverse engineer or attempt to derive source code or proprietary algorithms except where such restriction is prohibited by applicable law;
Use Overvak's name, trademarks, or intellectual property without authorization; or
Use the Services for fraudulent, abusive, harmful, or unlawful purposes.
9. Intellectual Property
Overvak and its licensors retain all rights, title, and interest in and to the Services, including software, artificial intelligence and machine-learning models, algorithms, interfaces, designs, trademarks, documentation, and other intellectual property.
Except for the limited rights expressly provided under these Terms, no intellectual-property rights are transferred to you.
10. Feedback
If you provide suggestions, corrections, detection feedback, ideas, or other feedback concerning Overvak, you grant Overvak the right to use that feedback to develop, improve, and operate its products and Services without restriction or compensation to you, subject to applicable law and our Privacy Policy.
11. Third-Party Services and Devices
Overvak may integrate with cameras, cloud providers, authentication providers, app stores, payment processors, and other third-party products or services.
Your use of third-party products or services may also be subject to their respective terms and privacy policies.
To the fullest extent permitted by applicable law, Overvak is not responsible for third-party products or services.
12. Apple App Store Terms
If you download or use the Overvak application through Apple's App Store:
These Terms are between you and Overvak, not Apple;
Apple is not responsible for the Overvak application or its content;
Apple has no obligation to provide maintenance or support services for the application;
Overvak, not Apple, is responsible for addressing claims relating to the application, subject to these Terms and applicable law;
You agree to comply with applicable third-party terms when using the application; and
Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to your use of the application through the App Store and may enforce those applicable provisions against you.
13. Subscriptions, Payments and Free Services
Overvak may provide some or all Services without charge for a promotional, introductory, beta, or trial period.
Certain Services may require payment or a subscription now or in the future.
Before purchasing a paid Service, applicable pricing, billing frequency, subscription period, renewal terms, and other material payment conditions will be presented to you.
If you purchase a subscription through Apple's App Store, Google Play, or another third-party platform, billing and cancellation may be administered by that platform and subject to its terms.
Where a subscription automatically renews, we will disclose the applicable renewal terms when you subscribe and provide cancellation mechanisms as required by applicable law.
Unless otherwise required by applicable law or expressly stated at the time of purchase, payments are non-refundable.
Free access, trials, promotional periods, features, and pricing may be changed or discontinued by Overvak subject to applicable law.
14. Service Availability and Changes
We may modify, update, suspend, or discontinue all or part of the Services.
We do not guarantee that the Services, camera connectivity, artificial intelligence processing, detections, notifications, clips, highlights, summaries, or other features will be uninterrupted, timely, secure, or error-free.
15. Termination and Account Deletion
You may stop using the Services or request deletion of your account at any time through available account controls or by contacting Overvak.
We may suspend or terminate access where reasonably necessary because of a violation of these Terms, unlawful activity, security concerns, risk of harm, or as otherwise permitted by applicable law.
Certain provisions of these Terms that by their nature should survive termination will continue to apply after termination, including provisions concerning ownership, intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and other provisions that reasonably should survive.
16. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
OVERVAK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT AI DETECTIONS, NOTIFICATIONS, CLIPS, HIGHLIGHTS, SUMMARIES, OR OTHER OUTPUTS WILL ALWAYS BE ACCURATE, COMPLETE, OR TIMELY.
OVERVAK IS NOT A SUBSTITUTE FOR APPROPRIATE ADULT SUPERVISION, EMERGENCY SERVICES, MEDICAL CARE, OR PROFESSIONAL CHILDCARE.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OVERVAK INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, PROFITS, REVENUE, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF OVERVAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF OVERVAK INC. AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SERVICE PROVIDERS, AND LICENSORS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO OVERVAK FOR THE APPLICABLE SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE LIMITATIONS ABOVE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.
18. Indemnification
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Overvak Inc. and its affiliates, officers, directors, employees, contractors, and agents from third-party claims, liabilities, damages, losses, and reasonable expenses, including reasonable attorneys' fees, arising from or relating to:
Your unlawful or unauthorized use of the Services;
Your violation of these Terms;
Your violation of another person's rights;
Your User Content; or
Your failure to provide legally required notice or obtain legally required permissions or consents in connection with cameras, microphones, monitoring, or recording.
19. Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO HAVE CERTAIN DISPUTES DECIDED BY A COURT OR JURY AND YOUR ABILITY TO PARTICIPATE IN A CLASS ACTION.
A. Informal Resolution
Before initiating arbitration, you and Overvak agree to make a good-faith effort to resolve the dispute informally.
A party seeking to initiate a dispute must provide the other party with written notice describing the nature of the dispute and the relief requested.
Notices to Overvak may be sent to legal@overvak.com.
If the dispute has not been resolved within 30 days after receipt of the notice, either party may initiate arbitration, except where applicable law permits the dispute to proceed in court.
B. Agreement to Arbitrate
Except for disputes that qualify for small claims court and requests for injunctive or other equitable relief concerning the infringement or misuse of intellectual-property rights, you and Overvak agree that disputes, claims, or controversies arising out of or relating to these Terms or the Services will be resolved through binding individual arbitration rather than in court, to the fullest extent permitted by applicable law.
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
C. Arbitration Procedures
Arbitration will be administered by the American Arbitration Association ("AAA") under its applicable Consumer Arbitration Rules, as modified by these Terms.
Information regarding AAA and its applicable rules is available from the American Arbitration Association.
The arbitrator will have authority to award the same remedies that would otherwise be available in court to the extent permitted by applicable law.
The arbitration may be conducted by telephone, video conference, written submissions, or in person as permitted by the applicable rules and determined based on the circumstances of the dispute.
D. Small Claims
Either you or Overvak may bring an eligible individual claim in small claims court instead of arbitration, provided the claim remains in that court and proceeds only on an individual basis.
E. Class Action and Jury Trial Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND OVERVAK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
YOU AND OVERVAK WAIVE THE RIGHT TO A TRIAL BY JURY FOR DISPUTES SUBJECT TO THIS ARBITRATION AGREEMENT.
Unless you and Overvak agree otherwise, the arbitrator may not consolidate the claims of more than one person or preside over a class, collective, consolidated, or representative proceeding.
F. 30-Day Right to Opt Out
You may opt out of this arbitration agreement by notifying Overvak within 30 days after the date you first accept these Terms.
Your notice must include your full name, the email address associated with your Overvak account, and a clear statement that you wish to opt out of the arbitration agreement in the Overvak Terms of Service.
You may send the notice by email to: legal@overvak.com or by mail to:
Overvak Inc.
6714 Austin St
Forest Hills, NY 11375
Opting out of arbitration will not otherwise affect your account or your ability to use the Services.
G. Changes to Arbitration Terms
If Overvak makes a material change to this arbitration provision after you have accepted these Terms, we will provide notice as required by applicable law.
20. Governing Law
Except to the extent preempted by the Federal Arbitration Act or otherwise required by applicable law, these Terms and disputes arising out of or relating to them are governed by the laws of the State of New York, without regard to its conflict-of-laws principles.
For any dispute that is not subject to arbitration and is not eligible for small claims court, you and Overvak consent to the jurisdiction of the applicable state and federal courts located in New York, subject to applicable law.
21. Changes to These Terms
We may update these Terms from time to time to reflect changes to the Services, business practices, technology, or applicable law.
If we make material changes, we will provide notice as required by applicable law.
The "Last Updated" date at the top indicates when these Terms were most recently revised.
Your continued use of the Services after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law. Where applicable law requires renewed affirmative consent, we will request it.
22. General Terms
If any provision of these Terms is determined to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in effect, except where applicable law or Section 19 requires otherwise.
Our failure to enforce a provision of these Terms does not constitute a waiver of that provision.
You may not assign or transfer these Terms or your rights under them without Overvak's prior written consent. Overvak may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law, subject to applicable law.
These Terms, together with the Privacy Policy and any additional terms expressly incorporated into them, constitute the agreement between you and Overvak concerning the Services.
23. Contact Us
Questions regarding these Terms may be directed to:
Overvak Inc.
6714 Austin St
Forest Hills, NY 11375
legal@overvak.com