Terms and Conditions
Last Updated: September 18, 2020
Welcome to Owlet! Thank you for your interest in our products and services.
We offer a variety of products and services ranging from consumer products, websites, mobile applications, customer support and other products or services. We refer to those products and services collectively as our “Product” or “Products.”
The following terms and conditions govern your use of our Products. We refer to these terms and conditions as “Terms and Conditions”. When we use “Owlet,” “we,” or “us,” we are referring to Owlet Baby Care Inc. unless the context indicates otherwise.
Please read these Terms and Conditions carefully. By purchasing, installing, downloading, or otherwise accessing or using our Products, you are agreeing to these Terms and Conditions and are creating a legally binding contract regarding your use of our Products. If you do not agree to these Terms and Conditions, do not use our Products.
Because our Products take many forms, additional terms or Product requirements may apply and are included with the relevant Products. Those additional terms and Product requirements become part of your contract with us.
1. Consumer Products
Our Products are consumer products, not medical devices. They are not intended for use as a medical device or to replace a medical device. They do not and are not intended to diagnose, cure, treat, alleviate or prevent any disease or health condition or investigate, replace or modify anatomy or any physiological process.
Our goal is to provide helpful and accurate information, but we make no endorsement, representation, or warranty of any kind about any Products, information, or services except as expressly stated in these Terms & Conditions. The accuracy of the data collected and presented through our 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 our 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 our Products.
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. They do not and are not intended to diagnose, cure, treat, alleviate or prevent any disease or health condition or investigate, replace or modify anatomy or any physiological process. They are consumer products intended to promote general wellbeing. Never use our Products to replace good parenting, common sense, or appropriate medical care.
If you use one of our wearable Products, prolonged contact may contribute to skin irritation or allergies in some users. To reduce irritation, follow four simple wear and care tips: (1) keep it clean, (2) keep it dry, (3) make sure it’s not too loose or too tight, and (4) and switch feet every night (if using the Smart Sock). For more information, please visit our Help Center.
Do not 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 and Conditions, 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 our Products. This includes the trademarks, copyrights, 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 and Conditions.
Accounts and Registration. To access features of some of our Products, you must purchase the necessary hardware from us or one of our authorized distributors or sign up for a limited time free trial (meaning you can use the Product for a certain amount of time and then your right to use the Product ends).
You must also register for an account to access some Product features. When you register for an account, you may be required to provide us with some information about yourself and your child (if you are using the Product for your child or a child under your care). 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 contact@owletcare.com.
User Content. If you choose to provide us with comments, input, suggestions, messages, reviews, photos, videos, 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 our Products and create other products and services. You also agree to only provide us content that belongs to you, 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. 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.
Software. If one of our 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 and Conditions.
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 our 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 and Conditions.
3. Privacy Policy and Copyright Protection
We treat the personal information you provide us consistent with the terms of our Privacy Policy. By using our Products, you agree that we can use the personal information you provide in accordance with the terms of our Privacy Policy.
Any links to third party websites in our Products are provided for convenience. We are not responsible for the content of or any actions taken by those third party websites.
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 AND CONDITIONS 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 OUR PRODUCTS “AS IS”.
Please read our Satisfaction Guarantee and Limited Warranty for additional information about our satisfaction guarantee and limited warranty.
You must purchase our Products directly from us or from one of our authorized partners for our warranties to be valid. If you purchase from anyone else, our warranties are void.
HIPAA Disclaimer
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.
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 our Products. We both agree to use our best efforts to resolve any dispute between us in an amicable manner.
Arbitration
If we cannot resolve any dispute in an amicable manner, we both agree to submit the 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 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 in the 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 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 AND CONDITIONS, 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 AND CONDITIONS OR RELATED TO OUR PRODUCTS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US FOR THE PRODUCT(S).
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 and Conditions
We may modify these Terms and Conditions or any additional terms that apply to a Product. You should look at these Terms and Conditions regularly. We’ll post notice of modifications to these Terms and Conditions on this page. If you do not agree to the modified Terms and Conditions for a Product, you should discontinue your use of that Product.
If there is a conflict between these Terms and Conditions and the additional terms, the additional terms will control for that conflict.
These Terms and Conditions are a legal agreement between us. They do not create any third party beneficiary rights.
If you do not comply with these Terms and Conditions 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 of these Terms and Conditions.
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 and Conditions or our Products. Both of us agree that the exclusive venue for any arbitration proceedings is Salt Lake City, Utah. In the event that either of us brings a lawsuit arising out of or relating to these Terms and Conditions or our Products, we both agree that it will be litigated exclusively in in the federal or state courts of Salt Lake City, Utah, USA, and consent to personal jurisdiction in those courts.
For information about how to contact us, please visit our contact page.