1. Acceptance. By clicking "I Agree" or by using or installing any part of the Application (as defined below), you expressly agree to, and consent to be bound by, all of the terms of this agreement (the “Terms and Conditions") and affirm your acceptance of the most recent version of the Terms and Conditions found in various application stores, including, but not limited to, the iTunes Store and Google Play Store as provided by Apple and Google Pty Limited ("Apple") which in no way are superseded or replaced by these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, please exit now and do not install the Application or, in the event that you have installed the Application, uninstall the Application. Please review these Terms and Conditions carefully before installation and/or acceptance.
a. Application. The "Application" shall mean the self-contained program and software provided by Owlet Baby Care Inc., a Delaware Corporation ("Owlet", "we", "us", or “our") which works in connection with our other products and services and integrates with owletcare.com (the "Site") to monitor your infant’s heart rate and blood oxygen levels and relay them wirelessly to your personal mobile telephone or handheld device (the "Services"). This Application is a non-medical device that is not intended to replace, modify, or supplement any prescribed medical device. Further, this Application is not for high risk infants and the services are not intended to be a substitute for obtaining medical advice and treatment from a physician or other health care practitioner. Finally, if you think that you or your infant may have a medical emergency, call 911 or your healthcare provider immediately.
b. Software Requirements. You are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (the "Software Requirements") to use the Application. The Software Requirements are as follows: Apple iOS devices running iOS 8.0 or later; Android devices, Safari, Firefox, Chrome, or Internet Explorer; Language: English. Owlet reserves the right to change the Software Requirements for the Application as it deems necessary in its sole discretion.
c. Updates. In connection with providing the Services required under these Terms and Conditions, Owlet may elect to update the Application at any time. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Application. You agree that Owlet may automatically deliver such updates to you as part of the Services and you shall receive and install them as required.
d. Questions/Complaints. Please direct all questions, complaints, or claims with respect to the Services to the following:
Owlet Baby Care Inc.
32 W Center St Suite 201
Provo, Utah 84601
Phone: 1 (844) 334-5330
4. Account Security. You are the sole authorized user of your account. You are solely and fully responsible for maintaining the confidentiality of your account information, including your account password. Therefore, you must take steps to ensure that others do not gain access to your password and account. You are also responsible for all activities that occur in connection with your account. If you suspect that any unauthorized party is using your account, you agree to notify us immediately. Also, you may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
5. Termination. These Terms and Conditions may be terminated by either party at any time. You may cancel your account or any of the Services at any time and for any reason by providing email notice to firstname.lastname@example.org. Upon any termination, the rights and licenses granted to you herein shall terminate and you must cease all use of the Application and the Services. Owlet shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
6. Proprietary Rights; License.
a. Proprietary Rights. You hereby acknowledge and agree that all copyright, database rights, trademarks, and other intellectual property rights of any kind in the Application together with the underlying software code are owned either directly by Owlet and/or its licensors. You further agree that the Application contains proprietary and confidential information that is protected by applicable intellectual property laws and other laws.
b. License. Owlet hereby grants you a worldwide, non-exclusive, revocable license to use the Application for your personal use in accordance with these Terms and Conditions; provided, however, that you do not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Application.
7. Application Content and Use. Your use of the Application and Services is subject to all applicable laws and regulations, and you are solely responsible to assure that your use of the Application and Services is in compliance therewith. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Application, use of the Services, or access to the Services without the express written permission by Owlet. You must not use the Application or Services to transmit any worms, viruses or any code of a destructive nature.
8. Disruption of Services. You acknowledge and agree that from time to time the Services and the Application may be inaccessible or inoperable due to equipment malfunctions, periodic maintenance procedures, repairs or upgrades which Owlet may undertake from time to time, service malfunctions and causes beyond the reasonable control of Owlet or which are not reasonably foreseeable by Owlet, including, without limitation, interruption or failure of telecommunication or digital transmission links, including delays or failures due to your hardware, Internet service provider, hostile network attacks, network congestion or other failures.
9. Third Party Information or Content. Certain components or features of the Services may include materials from third parties and/or hyperlinks to other resources, websites, or content that is operated by companies that are not affiliated with Owlet. You acknowledge and agree that Owlet does not endorse or warrant the accuracy of any such sites or resources. You further acknowledge and agree that Owlet (i) is not responsible for the availability of such sites or resources; (ii) shall in no way be liable or responsible for any content, advertising, products or materials on or available from such sites or resources; and (iii) shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such content, advertising, products or materials on or available from such sites or resources.
10.Privacy. Use of the Application and the Services allow us to gather information from and about you and your infant. This section explains how we treat "Personal Information" (information about you and your infant that is personally identifiable, like your name, address, email address, phone number and age, that may or may not otherwise be publicly available) that we collect when you (i) use the Application; (ii) complete the account registration process via the Application; or (iii) use the Application or the Services we offer.
a. General. We collect and store anonymous and Personal Information about you to provide you the most relevant information, products, programs and services that you request; to constantly improve the features, offerings and content that we provide through the Application; to personalize the content provided to you; and to determine how you use and respond to the features, offerings and services on the Application.
b. Sharing with Third Parties. We do not share or distribute any of your Personal Information with Third Parties, except those required to provide the Services, such as with our hosting partner who stores your information and the like.
c. Anonymous Information. Even if you do not provide us with any of your Personal Information, we may automatically track, collect, and store other information when you use our Application or Services, including without limitation the information that is made available to us through the Application, applicable operating system, and monitoring device. We aggregate and store such information to help us compile reports as to trends and other behavior about users visiting and using the Application; however such information is anonymous and cannot be tied directly to you or your infant. We reserve the right to share anonymous information with others in our sole and absolute discretion.
d. Cookies. We may also use "cookies" and your Personal Information to enhance your experience on the Application and to provide you with personalized offers. A cookie is a small data file placed on your device’s hard drive that contains information that allows us to track your activity on the Application. The cookie itself does not contain any Personal Information; however, if you provide any Personal Information to us, the cookie may act as an identifier to tie your Personal Information to your IP address or device. You may choose to delete cookies from your device’s hard drive at any time or to disable cookies on your device. If you delete cookies that relate to the Application, we may not be able to identify you upon your return to the Application. Additionally, if you disable your device’s cookies, you may not be able to access certain features of the Application that require that cookies be enabled. The cookies cannot be used to read data from your hard drive and cannot retrieve information from any other cookies created by other websites. Additionally, our cookies cannot be used as a virus, Trojan horse, worm or any other malicious tool that could impair your use of your device. Our cookies are used to help us better understand how you and other users use the Application so we can continue to provide a better, more personalized user experience on the Application.
11.HIPAA. You hereby agree that any information relating to the Services is considered to be non-confidential. If particular pages on our Site or Application permit the submission of communications, once made, those communications are open to public review. If you include private, personal data or medical information or discuss medical information on the Site or Application by your own choice, then that material and those communications are not deemed to be in violation of Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). You recognize and acknowledge that any communication of confidential information made by you on the Site or Application relieves Owlet of any liability under the Federal HIPAA statutes to the extent such statute applies. You further acknowledge and understand that Owlet is not a health plan, health care provider, or health care clearinghouse as those terms are defined in HIPAA.
12.Disclaimers. THE SERVICES AND THE APPLICATION ARE PROVIDED ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS OF DATA TRANSMISSION, ACCURACY OF DATA OR DATA SETS, OR UPTIME AVAILABILITY. OWLET DOES NOT WARRANT THAT THE APPLICATION OR THE SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. OWLET SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE ACCURACY OF ANY THIRD-PARTY DATA, AND YOU ACKNOWLEDGE THAT SUCH THIRD-PARTY DATA IS OUTSIDE OF OWLET’S CONTROL. OWLET DOES NOT WARRANT THAT THE SERVICES WILL ACCOMPLISH ANY OF YOUR SPECIFIC OBJECTIVES OR WILL OPERATE ERROR FREE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES OF THIS AGREEMENT. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL THEIR ESSENTIAL PURPOSE. YOU FURTHER AGREE THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR OTHERWISE, YOU WILL NOT HOLD OWLET LIABLE FOR ANY FAILURE OF THE APPLICATION OR SERVICES OR FOR ANY LOSS OF DATA. YOU AGREE THAT YOU WILL NOT HOLD OWLET LIABLE FOR ANY THIRD-PARTY INFORMATION EVEN IF SUCH INFORMATION IS DISPLAYED ON, THROUGH, OR IN CONNECTION WITH THE APPLICATION OR SOFTWARE. YOU ALSO AGREE THAT OWLET SHALL NOT BE RESPONSIBLE TO YOU FOR ANY DAMAGES CAUSED BY DATA PROVIDED BY THIRD PARTIES, DELAYS RESULTING FROM HARDWARE AND SYSTEMS OWNED AND CONTROLLED BY THIRD PARTIES (INCLUDING WITHOUT LIMITATION YOUR OWN DATA TRANSMISSION SPEEDS), DATA ENTRY ERRORS, USER ERRORS, OR ANY OTHER LIMITATIONS, ERRORS, OR DELAYS, THAT ARISE DURING THE TERM OF THIS AGREEMENT THAT CANNOT BE PREVENTED OR MITIGATED BY OWLET.
13.Limitation of Liability. You acknowledge and agree that in no event shall Owlet be liable for any indirect, special, incidental, consequential (including, without limitation, lost profits, business interruption, or lost information), or other damages based in contract, tort or otherwise, rising out of your use of or inability to use the Application, even if Owlet has been advised of the possibility of such damages. You further acknowledge and agree that Owlet is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.
14.Indemnity. You agree to defend, indemnify and hold harmless Owlet, its affiliates, employees, officers, agents, managers, members and successors and assigns from all damages and liability such persons may incur including, without limitation, reasonable attorneys’ fees, arising from or as a result of (i) you, or your employee’s, agent’s, or a third party’s use of the Application or Services under these Terms and Conditions, or (ii) any violation of law by you, your employees, or agents. This obligation shall survive the termination or expiration of these Terms and Conditions and/or your use of the Services.
15.Service Provider. You acknowledge that the terms of any agreement with your respective mobile network provider ( "Mobile Provider") will continue to apply when using the Application. Consequently, you may be charged by your Mobile Provider, or any applicable third parties, for access to its/their network connection services while you are accessing the Application. You accept responsibility for any such charges that arise.
16.Additional Terms. The following additional terms and conditions apply with respect to the Services designed for use on an Apple iOS-powered mobile device ("iOS App") and Android devices:
a. You acknowledge that these Terms and Conditions are concluded between you and us only, and not with Apple or Google. We, and not Apple and Google, are solely responsible for our iOS and Android apps and the services and content available thereon.
b. You agree that your use of our iOS and Android Apps shall be subject to the Usage Rules set forth in Apple and Google’s then-current App Store and Google Play Store Terms of Service.
c. The parties agree that Apple and Google shall have no obligation to provide maintenance and support services with respect to our iOS and Android apps.
d. To the maximum extent permitted by applicable law, Apple and Google will have no warranty obligation whatsoever with respect to our iOS and Android apps.
e. You agree that we, and not Apple nor Google, are responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS and Android apps, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS or Android app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
f. You agree that we, and not Apple nor Google, shall be responsible for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS or Android app or your possession and use of our iOS or Android app.
g. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
a. Entire Agreement; Amendment. These Terms and Conditions constitute the entire agreement between you and Owlet with respect to the subject matter hereof, and replaces, amends and supersedes any prior agreements between you and Owlet pertaining to the subject matter hereof.
b. Governing Law. These Terms and Conditions will be governed and construed under the laws of the State of Utah without regard to conflict of laws.
c. Waiver/Severability. The waiver or failure of either party to exercise any right in any respect provided for herein shall not be deemed a waiver of any further right hereunder. If any provision of these Terms and Conditions is determined to be invalid or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of these Terms and Conditions shall remain enforceable.
d. Force Majeure. If the performance of any part of these Terms and Conditions is prevented, hindered, delayed or otherwise made impracticable by reason of any cause or event not within the reasonable control of such party and without its fault or negligence, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.