Owlet Product Terms
Last Updated: August 30, 2018
Welcome and thank you for your interest in Owlet Baby Care, Inc. (“Owlet,” “we,” or “us”) and our products, websites, mobile applications, and other products or services provided by us (collectively, the “Products”). It is our goal to provide quality Products to you. These Terms of Service (“Terms”) cover your use and access to the Products. Your use of the Products requires that you agree to these Terms.
Please read these Terms carefully. By downloading, installing or otherwise accessing or using our Products, you are agreeing to these Terms and are creating a legally binding contract between us regarding your use of the Products. If you do not agree to these Terms, do not use our Products.
Because our Products take many forms, additional terms or Product requirements may apply and are available with the relevant Products. For example, return policies and Product specific warranties are included with each particular Product. Those additional terms and Product requirements become part of your agreement with us.
Any Product specific warranties are contingent upon the Product being purchased directly from us or from one of our authorized distributors.
2. Use of Our Products
Proper Use. Don’t misuse our Products. Use our Products for their intended purpose only. Our Products are not medical products and are not intended to diagnose, prevent, monitor, treat or mitigate any sickness, disease or illness. They are intended to promote general well-being. Never use our Products to replace good parenting, common sense, or appropriate medical care.
Don’t try to access our Products using a method other than the interface and the instructions that we provide. Use our Products only as permitted by law, including applicable export and re-export control laws and regulations. If you use our Products improperly, we may stop providing our Products to you.
Age Restrictions. You must be at least 18 years old to use our Products. By agreeing to these Terms, you are telling us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from use of the Products; and (c) your registration and your use of the Products complies with the law.
Ownership; Proprietary Rights. We own and operate the Products. This includes the visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), hardware, products, software, services, and all other elements of the Products. Your use of our Products does not give you ownership of any intellectual property rights in our Products or the content you access. We reserve all rights to the Products not granted expressly in these Terms.
Accounts and Registration. To access features of some of the Products (like the Smart Sock), you must purchase the necessary hardware from us or one of our authorized distributors or sign up for a time-limited free trial (meaning you can use the Product for a certain amount of time and then your right to use the Product ends) and register for an account. When you register for an account, you may be required to provide us with some information about yourself and your baby. You agree to provide accurate information and to keep that information accurate and up-to-date at all times.
When you register for an account, you will create a password to protect that account. Keep your password confidential because you are responsible for all activity that occurs through your account. If you believe that your account is no longer secure, notify us immediately at firstname.lastname@example.org.
User Content. If you choose to provide us with comments, input, suggestions, messages, reviews, photos, video, images, or any other information, then you give us the right to use that information in any manner and for any purpose, including to improve the Products and create other products and services. You also agree to only provide us content that belongs to you and does not infringe anyone else’s rights, and is not defamatory, vulgar, harassing, or otherwise inappropriate.
We may remove or prohibit you from posting any of your content for any reason.
Software. If one of the Products you use is software, we provide that software under a personal, non-assignable (meaning you can’t give the software to anyone else), royalty-free, and non-exclusive license to use an object code copy of the software. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Products consistent with these terms.
You may not copy, modify, distribute, sell, lease, or reverse engineer any part of our Products or attempt to extract the source code of any software included in the Products, unless you are legally allowed to do so by the laws of your country or you have our written permission to do so.
Some software used in our Products may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
Any links to third party websites in the Products are provided for convenience. We are not responsible for the content of or any actions taken by those third party websites.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, please contact us at email@example.com.
4. Warranties and Disclaimers
We provide our Products using a commercially reasonable level of skill and care. While we strive to provide you with quality Products, we don’t promise certain things about our Products.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS PROVIDED WITH AN INDIVIDUAL PRODUCT, NEITHER WE NOR OUR SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT OUR PRODUCTS. FOR EXAMPLE, WE DON’T MAKE ANY PROMISES ABOUT OUR PRODUCTS’ FUNCTIONALITY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE PRODUCTS “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
IF YOU LIVE IN SOME JURISDICTIONS, YOU MAY HAVE LEGAL RIGHTS UNDER APPLICABLE NATIONAL LEGISLATION GOVERNING THE SALE OF CONSUMER GOODS. THESE RIGHTS ARE NOT AFFECTED BY THE WARRANTIES IN THIS LIMITED WARRANTY.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Owlet does not disclaim any warranty or other right that Owlet is prohibited from disclaiming under applicable law.
We are NOT providing you with “covered health services” as such term is defined in the Health Insurance Portability and Accountability Act (“HIPAA”). Any information that you provide to us will NOT be deemed in any way “protected health information.” We are not obligated to handle that information in the manner required by HIPAA. You agree to never make any HIPAA claims against us.
Our Products are consumer products, not medical devices. The accuracy of the data collected and presented through the Products is not intended to match that of medical devices or scientific measurement devices. OUR PRODUCTS DO NOT PROVIDE ANY MEDICAL ADVICE OR OPINIONS. RATHER, USE OF THE PRODUCTS IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT SERVE AS A SUBSTITUTE FOR THE ADVICE OF A MEDICAL PROFESSIONAL.
None of the Products are intended for emergency situations. If you think you OR YOUR CHILD may have a medical emergency, call your doctor or emergency services immediately. Never disregard professional advice or delay in seeking it because of information you read about the Products.
5. Dispute Resolution
We strive to provide you with Products that you will enjoy using. However, we understand that sometimes you may not be satisfied with the Products.
If we cannot resolve any issues in an amicable manner, both of us agree to submit any dispute between us to binding arbitration. Arbitration is a less formal way to resolve disputes than a lawsuit in court and uses a neutral arbitrator instead of a judge or jury. The arbitrator can award the same damages and relief that a court can award and has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
We will use the International Chamber of Commerce Rules of Arbitration. You can read about the International Chamber of Commerce at https://iccwbo.org/ and their arbitration services at https://iccwbo.org/dispute-resolution-services/arbitration/.
There are a few exceptions to submitting all disputes to arbitration. In particular, either one of us may: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, BOTH OF US ARE WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.
6. Liability for our Products
WHEN PERMITTED BY LAW, WE, AND OUR SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY AND OUR SUPPLIERS’ AND DISTRIBUTORS’ TOTAL LIABILITY, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US FOR THE PRODUCTS.
IN ALL CASES, WE, AND OUR SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
7. About these Terms
We may modify these terms or any additional terms that apply to a Product to, for example, reflect changes to the law or changes to our Products. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Product. Changes will not apply retroactively. However, changes addressing new functions for a Product or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Product, you should discontinue your use of that Product.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between us. They do not create any third party beneficiary rights.
If you do not comply with these terms and we don’t take action right away, our inaction does not mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of Utah, U.S.A., excluding Utah’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Products.
For information about how to contact us, please visit our contact page.