Terms and Conditions
Last updated: January 1st, 2025
Welcome to Owlet Eye!
These Terms and Conditions ("Terms") govern your use of our mobile application, website and other online products and services (collectively, the "Services") provided by Owlet Eye ("we," "us," or "our"). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms in their entirety, you must immediately discontinue use of our Services.
Please read these Terms carefully, as they include mandatory arbitration provisions that require disputes, including those arising from incidents or interactions prior to your acceptance of these Terms, to be resolved through final and binding arbitration on an individual basis. Arbitration will not proceed on a class-wide basis. If you do not wish to be bound by the arbitration provision, you may opt out by following the opt-out instructions provided.
To contact Owlet Eye regarding the Services or your account, please visit our Contact US page, where we will request certain information to help us respond to your inquiry. Alternatively, you may submit general inquiries regarding these Terms or our Services to info@owleteye.com.
1. Acceptance of Terms
By accessing or using Owlet Eye's Services, you acknowledge that you have read, understood, and agree to comply and be bound by these Terms, as well as any other applicable policies, guidelines, or agreements incorporated herein. If you do not agree with these Terms, you may not use our Services. We reserve the right to modify these Terms at any time. If we make material changes, we will notify you through the Services or via email. Unless otherwise specified, the updated Terms will take effect immediately, and your continued use of the Services constitutes acceptance of the updated Terms, which will apply retroactively to all interactions going forward. Please review these Terms regularly for any changes.
Certain Services may be subject to additional or different terms, which will become part of your agreement with us upon your use of those Services. In case of any conflict between these Terms and any additional terms, the additional terms will govern with respect to that conflict. If you do not agree to the amended Terms, you must cease using the Services.
2. Privacy
For details on how we collect, use, store, share and otherwise process information about you, please refer to our Privacy Policy. By accepting these Terms, you acknowledge that you have been provided notice of our Privacy Policy. You are also responsible for reviewing the Privacy Policy periodically for any updates.
3. Account Creation & Management
3.1. Account Creation
In order to access certain features or functionality of the Services, you may be required to register for an Owlet Eye account. The scope of access and functionality available to you will depend on the specific subscription plan you select, and Owlet Eye reserves the right, at its sole discretion, to modify, amend, or discontinue any features or aspects of the Services, including the available subscription plans, at any time without prior notice.
You agree to provide accurate, current, and complete information during the registration process and to promptly update such information whenever it changes. Failure to provide accurate or up-to-date information may result in the suspension, limitation, or termination of your account, at Owlet Eye’s sole discretion.
By registering for an Owlet Eye account, you affirm that you are legally permitted to do so under applicable laws and that you reside in the United States or one of its territories. Owlet Eye reserves the right to suspend or terminate any account that does not meet these eligibility requirements.
Owlet Eye further reserves the right to reclaim or reassign account usernames in the event that they infringe upon the legal rights of any individual or entity, including those with trademark rights or other legal claims to such usernames. Any dispute concerning the ownership or use of a username may be subject to review, and Owlet Eye may take appropriate action, including but not limited to reclaiming or disabling the account associated with that username.
3.2. Account Security
You are solely responsible for maintaining the confidentiality and security of your account and login credentials. You agree to take all reasonable precautions to protect your account, including but not limited to using strong, unique passwords and not sharing your login information with third parties. If you believe or become aware that your account credentials have been compromised or that any unauthorized access has occurred, you must immediately notify Owlet Eye and take steps to secure your account, including changing your password.
You agree not to use any automated means, such as bots or scrapers, to access your account or the Services without prior authorization. Owlet Eye is not liable for any unauthorized access or actions taken on your account, and we reserve the right to suspend or terminate your account if we believe it has been compromised or used inappropriately.
3.3. Account Termination
Owlet Eye may revoke or terminate your access or use of the Owlet Eye Services for any reason without notice at Owlet Eye's sole discretion. Without limiting the generality of the foregoing, we may revoke or terminate the License if you: (i) breach any obligation in these Terms or in any other agreement between you and us, (ii) violate any policy or guideline applicable to the Owlet Eye Services, or any other Owlet Eye product or service, or (iii) use the Owlet Eye Services other than as specifically authorized in these Terms, without our prior written permission. You will stop accessing or using the Owlet Eye Services immediately if Owlet Eye suspends or terminates your access or use of the Owlet Eye Services. Owlet Eye reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Owlet Eye Services during suspension or after termination. Owlet Eye may recover its reasonable attorneys' fees and court costs from you for such action. These Terms will remain enforceable against you while your License to access or use the Owlet Eye Services is suspended and after it is terminated.
3.4. Minimum Age
Users must be at least 16 years old to use our Services, in compliance with applicable laws and regulations. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services.
If you are registering to use the Owlet Eye Services on behalf of a legal entity, you represent and warrant that: (a) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (b) you are authorized by such legal entity to act on its behalf.
If you use our Services on behalf of another person or entity: (a) all references to "you" throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person's or entity's behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
Additionally, in order to use the Services, you must not: (a) have previously been suspended or removed from using the Owlet Eye Services and (b) be violating any other agreement to which you are a party by agreeing to these Terms.
4. Use of Services
4.1. Purpose
Owlet Eye serves as a digital platform designed to connect users with a range of local offerings, including, but not limited to, promotional discounts, events, experiences, and job opportunities, all intended to enhance community engagement and expand access to valuable services within a defined geographic area. Through the platform, users are provided with the ability to discover, access, and utilize exclusive promotions, discounts, job opportunities, and various events organized by participating businesses, service providers, event organizers, and employers.
The platform enables a streamlined experience for users to interact with local vendors, engage in opportunities for savings, and participate in a variety of community-focused activities. By facilitating these interactions, Owlet Eye seeks to establish a dynamic ecosystem where businesses, event organizers, and users can collectively foster local commerce, strengthen social connections, and promote regional cultural, recreational, and employment opportunities.
By accessing or using the Owlet Eye Services, users acknowledge and agree to use the platform solely for lawful purposes and in compliance with all applicable laws and regulations. Additionally, users understand that the availability, scope, and nature of the offers, discounts, events, job opportunities, and other experiences presented on the platform may vary based on factors including, but not limited to, the user’s geographic location, subscription plan, and the specific terms and conditions set by participating businesses, event organizers, and employers.
4.2. Paid Services & Subscriptions
While using Owlet Eye is generally free, some products or services may be available through a subscription or for a fee (the "Paid Services"). Paid Services include, but are not limited to, the following: (i) the ability to access enhanced features, (ii) the ability to promote your posts or offers more prominently in the Services, (iii) the ability for businesses to post job opportunities (iv) the ability to purchase additional features for your account, or (v) other services or features Owlet Eye may develop. Unless otherwise noted, Paid Services are charged, billed, and managed through your applicable Apple App Store or Google Play Store platform (each a "Platform"). Some Paid Services are one-time payments, and some Paid Services are subscriptions that will renew according to the terms identified at the time of purchase.
By using the Owlet Eye platform, you acknowledge and agree that Owlet Eye is not responsible for, and makes no representations or warranties regarding, any discounts, offers, events, job postings, or other content posted by third parties on the platform, including but not limited to promotional discounts, special offers, events, job opportunities, or any other user-generated content. While Owlet Eye provides the platform for users to share such content, the individual or business posting is fully responsible for ensuring that the content is accurate, valid, and complies with all applicable laws.
Owlet Eye does not endorse, validate, or guarantee any discounts, offers, events, job opportunities, or other third-party content posted on the platform, and we disclaim any liability for claims or disputes arising from the use or reliance on such information. Users participating in any content posted by others do so at their own risk. Owlet Eye is not a party to any transaction or interaction between users and third parties related to these postings, and we are not responsible for the fulfillment of any terms or conditions associated with them.
By using the Owlet Eye platform, you agree to release Owlet Eye from any and all claims, liabilities, damages, or losses arising from or related to third-party discounts, offers, events, job postings, or any other content posted by users or third parties.
4.2.1. Payment through the Service: Owlet Eye offers certain enhanced features of the Services which you can purchase through a subscription (“Subscription”). A description of features associated with Subscriptions is available within the Services. The amounts due and payable by you for a Subscription that you purchase through the Services will be presented to you before you place your order. If you choose to purchase a Subscription via the Services, you agree: (a) to pay the applicable fees and any taxes; (b) that Owlet Eye may charge your account with the app store or distribution platform (like the Apple App Store or Google Play) where the App is available (each, an “App Provider”); and (c) to bear any additional charges that your App Provider, bank, or other financial service provider may levy on you, as well as any taxes or fees that may apply to your order. You will receive a confirmation after we confirm the payment for your order. Your order is not binding on Owlet Eye until accepted and confirmed by us. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.
4.2.2. Cancellation: You are under no obligation to continue your Subscription and may cancel at any time prior to the conclusion of the current Subscription period. To cancel your Subscription, you must access the cancellation settings within your Platform account and initiate cancellation at least 24 hours before the end of the current Subscription period. If you fail to cancel within the required 24-hour window, you will be automatically charged for the next renewal period’s Subscription fees through your designated payment method, and your Subscription will automatically renew for an additional term. In that case, your Subscription will be canceled after the additional renewal term.
4.2.3. Free Trial: If you enroll in a free trial for a Paid Service, you will automatically be charged at the end of the trial period unless you cancel at least 24 hours before the end of the trial period through your Platform account.
BY PURCHASING A SUBSCRIPTION OF ANY KIND ON OWLET EYE, YOU ACKNOWLEDGE YOU HAVE READ AND AGREE TO THESE TERMS AND UNDERSTAND THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL YOU TAKE ACTION TO CANCEL.
5. User Content & Responsibilities
Owlet Eye allows you and other users to create, post, store, and share content, including but not limited to messages, text, photos, graphics, videos, software, code, logos, and other materials (collectively, "User Content"). Unless otherwise specified, you retain all rights to your User Content.
By posting or sharing User Content on the Owlet Eye platform, you grant us a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your User Content in all media formats and channels now known or later developed, without compensation to you. This includes the use of any name, username, or likeness associated with your User Content. However, the use of your name, likeness, or identity in connection with the Owlet Eye platform does not imply any endorsement, unless explicitly stated.
When you share User Content through Owlet Eye’s Services, you understand that such content, along with any related information (such as your username or profile photo), may be visible to others. Additionally, by using third-party services through Owlet Eye (such as user verification or payment solutions), you acknowledge that your User Content may be shared with these third parties as part of the services they provide.
You agree not to create, post, store, or share any User Content that violates these Terms or for which you do not have the necessary rights to grant us the above-mentioned license. You represent and warrant that your User Content and our use of it, as permitted by these Terms, will not violate any rights or cause harm to any individual or entity. Specifically, you agree not to post or share any content that:
· Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, or inflammatory.
· Is fraudulent, misleading, or false, may encourage deceptive activity, or would otherwise constitute duplicitous behavior.
· Is, in Owlet Eye's judgment, disrespectful, inappropriate, or may expose Owlet Eye, our users, or others to harm or liability.
· May infringe the patent, trademark, trade secret, copyright, intellectual, privacy, or proprietary rights of any party.
· Would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national, or international law.
· Includes any statements or claims that do not reflect your honest views and experiences.
· Contains any unsolicited marketing promotions, political campaigning, or solicitations.
· Contains any private information of any third parties, including addresses, phone numbers, and payment card information.
· Contains viruses, corrupted data, or other harmful, disruptive, or destructive files.
Owlet Eye does not assume any responsibility to actively monitor User Content and does not endorse any User Content. Although we are not obligated to screen, edit, or monitor User Content, we reserve the right to remove or delete any content at any time, for any reason, with or without notice.
6. Prohibited Conduct
By using the Services, you agree to comply with all applicable laws, regulations, contractual obligations, intellectual property rights, and third-party rights. You are solely responsible for your conduct while using our Services. You further agree not to engage in any of the following activities:
Misuse of Services: Use our Services for any purpose other than their intended purpose, or in a manner that could interfere with, disrupt, or negatively affect other users' ability to fully enjoy the Services. You will not engage in actions that could damage, disable, overburden, or impair the functioning of the Services or any networks connected to the Services.
Litigation: Access or use the Services with the intention of establishing a basis for initiating legal action or asserting a claim against Owlet Eye.
Harassment and Abuse: Engage in any conduct that is harassing, threatening, intimidating, predatory, or stalking in nature.
Commercial Use: Sell, resell, or otherwise commercially exploit the Owlet Eye Services, except as expressly permitted by us.
Prohibited Posts: Sell, offer, or solicit items that violate any applicable laws, regulations, or terms of service, or that are otherwise deemed inappropriate or unacceptable by Owlet Eye.
Deceptive Practices: Post, offer, or sell fraudulent, misleading, or deceptive content or items.
Spam and Unsolicited Communications: Send, distribute, or post spam, unsolicited bulk commercial communications, chain letters, or pyramid schemes.
Misrepresentation: Provide false, inaccurate, or misleading information to Owlet Eye or its service providers, including when registering for an account, applying for a feature, or using payment solutions.
Impersonation: Impersonate or misrepresent your affiliation with any person or entity while using the Services.
Unauthorized Payment Methods: Attempt to use gift certificates or cryptocurrencies for transactions or exchanges on the Owlet Eye platform.
Intellectual Property Violations: Copy, reproduce, distribute, publicly perform, or publicly display any portion of the Services, including content and source code, except as expressly authorized by us or our licensors.
Modifications and Derivatives: Modify, remove proprietary notices, obscure or disable advertisements, or create derivative works based on the Services without express permission.
Reverse Engineering and Unauthorized Access: Reverse engineer any aspect of the Services or attempt to discover the source code or bypass access restrictions.
Third-Party Applications: Develop or use third-party applications that interact with the Owlet Eye Services without our prior written consent.
Circumventing Restrictions: Intentionally bypass any restrictions placed by Owlet Eye on the use of the Services.
Automated Data Collection: Use automated tools such as bots, scripts, crawlers, or scrapers not provided by Owlet Eye to collect data or interact with the Services.
Infringement of Rights: Use the Services to infringe or violate the intellectual property rights or any other rights of Owlet Eye or any third party.
You will establish and use your Owlet Eye account solely in compliance with any guidelines provided by Owlet Eye. Without limiting the foregoing, you shall not:
· Create more than one account.
· Transfer your account to another user.
· Attempt to obtain the password, account information, or security details of another user.
· Use another user's account without their express consent.
Failure to comply with any of the above may result in the suspension or termination of your access to the Services, at Owlet Eye’s sole discretion. The enforcement of this section is entirely at the discretion of Owlet Eye, and the failure to enforce any provision in specific instances does not waive our right to enforce it in other instances.
7. Third-Party Materials & Content
7.1. Third-Party Materials
The Services provided by Owlet Eye may include or make accessible third-party materials, including but not limited to offers, discounts, events, job opportunities, and other services ("Third-Party Materials"). These Third-Party Materials are not within Owlet Eye's control and may affect, or be affected by, the performance and functionality of our Services. You acknowledge and agree that the availability, quality, or reliability of Third-Party Materials may not be guaranteed, and such materials may not always function as intended, potentially impacting the operation of the Services. Owlet Eye is under no obligation to monitor Third-Party Materials, and we reserve the right, at our sole discretion, to block, restrict, or disable access to any such materials, in whole or in part, at any time and without prior notice. Any interactions or dealings you have with third parties in connection with Third-Party Materials, including the use or access thereof, are solely between you and the relevant third party, and Owlet Eye shall have no responsibility or liability in relation to such interactions.
7.2. Third-Party Content
The Services provided by Owlet Eye may feature content related to third-party products, services, events, or other activities, or permit third parties to display their content through the Services ("Third-Party Content"). Such Third-Party Content is provided for informational purposes and as a service to those interested in such content. Owlet Eye does not control, endorse, or guarantee the accuracy, completeness, legality, or appropriateness of any Third-Party Content. Any interaction, communication, or transaction with third parties, as well as your use of or reliance on Third-Party Content, is entirely at your own risk. Owlet Eye shall not be responsible for any damages, losses, or claims arising out of or in connection with your use or reliance on Third-Party Content.
7.3. No Liability for Third-Party Content or Materials
Your use of and access to Third-Party Materials and Third-Party Content may be subject to additional terms and conditions, including, but not limited to, terms of service, privacy policies, and other agreements provided by the relevant third-party providers. In some cases, you may be redirected to third-party websites or platforms in order to engage with third-party partners or access additional content. Upon doing so, you will be bound by the terms and conditions applicable to those third-party platforms. Owlet Eye assumes no responsibility for, and expressly disclaims any liability in connection with, any Third-Party Content or Third-Party Materials, including but not limited to any errors, omissions, inaccuracies, or other issues related to such materials. You hereby agree to indemnify, defend, and hold harmless Owlet Eye and its affiliates, officers, employees, and agents from any and all claims, damages, losses, or expenses (including legal fees) arising out of your access to, use of, or reliance upon Third-Party Materials or Third-Party Content. Furthermore, the indemnification and assumption of risk provisions contained in these Terms shall apply to any claims, disputes, or liabilities arising out of your interactions with third parties in connection with Third-Party Materials or Content. You further acknowledge that Owlet Eye shall not be liable for any damages or losses that result from such third-party interactions.
8. Intellectual Property & Limited License
The Owlet Eye Services, including all text, graphics, images, photos, videos, illustrations, and other content, are owned by Owlet Eye or its licensors and are protected by U.S. and international intellectual property laws. All rights to the Services, except those explicitly granted in these Terms, are reserved by Owlet Eye or its licensors. Provided that you comply with these Terms, we grant you a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Services.
9. Trademarks
The name "Owlet Eye," the domain "owleteye.com," the "Owlet Eye" logo, and all other related trademarks, service marks, and trade names (collectively, the "Owlet Eye Marks") are the exclusive property of Owlet Eye and are protected by applicable intellectual property laws. These Owlet Eye Marks may not be copied, reproduced, imitated, or otherwise used, in whole or in part, without the express prior written consent of Owlet Eye. Furthermore, all product names, service names, slogans, the overall look and feel of our websites and mobile applications, including but not limited to page headers, custom graphics, button icons, and scripts, are considered our proprietary service marks, trademarks, and/or trade dress, and may not be copied, reproduced, or used in any form without our express prior written consent.
Any other trademarks, registered trademarks, product names, company names, or logos mentioned or displayed through the Owlet Eye Services are the property of their respective owners. References to third-party products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise are provided for informational purposes only and do not constitute, nor should they be construed as, an endorsement, sponsorship, or recommendation by Owlet Eye.
10. Feedback
By submitting, posting, or otherwise communicating to Owlet Eye any questions, comments, suggestions, ideas, original or creative materials, or other information regarding Owlet Eye or its Services (collectively referred to as "Feedback"), you acknowledge and agree that such Feedback is provided voluntarily and that you grant Owlet Eye a perpetual, worldwide, royalty-free, irrevocable, and fully transferable license to use, reproduce, modify, adapt, publish, distribute, perform, display, and otherwise exploit the Feedback in any manner, for any purpose, commercial or otherwise, without any obligation of acknowledgment, compensation, or remuneration to you.
You understand and agree that Owlet Eye shall have the right, but not the obligation, to use or implement such Feedback at its sole discretion, including but not limited to the development, improvement, and enhancement of the Owlet Eye Services or the creation of new products or services. Additionally, you acknowledge that any Feedback you provide may be treated by Owlet Eye as nonconfidential and that Owlet Eye shall not be under any obligation to protect or maintain the confidentiality of such Feedback.
By submitting Feedback, you waive any and all claims, including those for intellectual property rights or proprietary interests, arising from or related to the use of the Feedback by Owlet Eye.
11. Copyright & Intellectual Property Violations
If you believe that any content on our Services infringes your intellectual property rights, you may report such violations to Owlet Eye by using the designated report function within the app. In compliance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, Owlet Eye maintains a policy of terminating, when appropriate, the accounts of users who are found to repeatedly infringe upon the intellectual property rights of others.
To properly notify Owlet Eye of an alleged infringement, you must follow the procedures set forth in 17 U.S.C. § 512(c)(3), which outlines the requirements for submitting a valid notice of infringement. By submitting such a notice, you represent that you have the authority to act on behalf of the intellectual property rights holder.
Please be advised that if you knowingly misrepresent that any material or activity on our Services is infringing, you may be held liable for any resulting costs, damages, or other legal consequences, including those incurred by Owlet Eye in responding to the alleged infringement.
12. Disclaimers
Your use of Owlet Eye's Services is solely at your own risk. Except as explicitly provided in writing by Owlet Eye, the Services and all content available therein are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Owlet Eye makes no representations or warranties regarding the accuracy, completeness, reliability, or timeliness of the Services, nor does it warrant that the Services will be error-free or uninterrupted. Additionally, Owlet Eye does not guarantee that the Services are free of viruses, malware, or other harmful components that could adversely affect your devices or data.
By accessing and using the Services, you expressly acknowledge and agree that you are solely responsible for assessing the quality, reliability, and performance of the Services. You further assume all risks associated with the use of the Services, including, but not limited to, any potential damage to your devices, data, or loss of functionality that may result from your use of the platform.
13. Limitation of Liability
To the fullest extent permitted by applicable law, neither Owlet Eye nor any of its affiliates, directors, officers, employees, agents, licensors, or any other individuals or entities acting on its behalf (collectively, the “Owlet Eye Parties”) shall be liable to you for any indirect, consequential, incidental, special, punitive, or exemplary damages, or for any loss of profits, revenue, data, business opportunities, or goodwill, whether arising in contract, tort (including negligence), warranty, or under any other legal theory, even if Owlet Eye or any of the Owlet Eye Parties have been advised of the possibility of such damages or if such damages were reasonably foreseeable.
The total liability of Owlet Eye and the Owlet Eye Parties to you for any claim, whether based on contract, tort, warranty, or any other legal theory, arising out of or relating to these Terms or your use of our Services shall be limited to and shall not exceed the total amount paid by you to Owlet Eye for the Services during the six (6) months immediately preceding the event, occurrence, or act giving rise to the claim.
The limitations of liability set forth herein shall not apply to (i) claims arising from the gross negligence, fraud, or willful misconduct of Owlet Eye or the Owlet Eye Parties, or (ii) any other claims or circumstances where liability cannot be excluded or limited under applicable law.
Additionally, you acknowledge that certain jurisdictions may not allow the exclusion or limitation of incidental, consequential, or punitive damages, and as a result, the aforementioned limitations may not apply to you or may apply in a more limited manner. In such cases, the liability of Owlet Eye and the Owlet Eye Parties shall be limited to the fullest extent permissible by applicable law.
14. Assumption of Risk
By accessing or using the Owlet Eye platform and its associated services, you acknowledge and agree that your participation is at your own risk. Owlet Eye does not warrant or guarantee the accuracy, completeness, reliability, or legality of any content, products, services, or interactions provided by other users or third parties on the platform. You understand that engaging with the platform may expose you to risks, including but not limited to: (i) encountering inaccurate, misleading, offensive, or harmful content posted by other users; (ii) engaging in transactions, communications, or other interactions with third parties, which may involve financial loss, fraud, or disputes; (iii) data security risks, including the possibility of unauthorized access, breaches, or cyberattacks despite our efforts to maintain security; and (iv) physical or emotional harm resulting from in-person meetings, onsite visits to business locations, transactions, or events facilitated by the platform.
By continuing to use the Services, you voluntarily assume all such risks and agree that Owlet Eye, its affiliates, or its licensors shall not be held liable for any damages, losses, or consequences arising from these risks, whether direct, indirect, incidental, special, or consequential. You agree to take all necessary precautions and exercise due diligence when using the platform and interacting with other users or third-party services, and to hold Owlet Eye harmless from any claims arising from your use of the platform.
15. Release of Liability
By using the Owlet Eye platform and its services, you hereby release, waive, and discharge Owlet Eye, its affiliates, officers, employees, agents, licensors, and partners to the fullest extent permitted by applicable law from any and all claims, demands, actions, suits, damages, losses, or liabilities (whether known or unknown) arising out of or in connection with your use of the platform, including but not limited to claims related to: (i) the accuracy, reliability, or legality of content posted by other users or third parties; (ii) interactions, transactions, or disputes with other users or third parties; (iii) personal injury, property damage, or other harm incurred from using the platform or participating in any events or activities; (iv) data breaches or unauthorized access despite best security efforts; (v) acts of omission, negligence, or failure to act by Owlet Eye or third parties; or (vi) other risks associated with the platform.
You acknowledge and agree that by using Owlet Eye, you assume full responsibility for any risks and agree not to hold Owlet Eye or its affiliates liable for any harm, loss, and/or damages (actual or consequential). This release applies to all claims, whether arising under contract, tort, or other legal theories, and includes both known and unknown claims, to the fullest extent permitted by law. If you reside in California, you waive the rights under California Civil Code § 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” By using the platform, you acknowledge and voluntarily waive these protections.
16. Dispute Resolution
16.1. Binding Arbitration
By using the Owlet Eye platform, you agree that any disputes or claims arising out of or relating to these Terms, or your use of the platform will be resolved through binding arbitration, rather than in court. This includes, but is not limited to, disputes related to content, transactions, and any interactions with other users.
You and Owlet Eye agree that arbitration will be conducted on an individual basis only, and not as a class action, collective action, or representative proceeding. This means you waive any right to participate in a class action or seek public injunctive relief. Claims must be brought individually and resolved in arbitration.
Before initiating arbitration, you must first attempt to resolve the dispute by providing Owlet Eye with written notice of your claim. If the dispute is not resolved within 30 days, either party may submit the issue to binding arbitration under the rules of the American Arbitration Association (AAA) or another mutually agreed arbitration body. Arbitration will be held in the county of your residence or another mutually agreed location.
Arbitration is governed by the Federal Arbitration Act and the rules of the chosen arbitration body. You understand that by agreeing to arbitration, you waive your right to a jury trial. You may opt out of arbitration within 30 days of accepting these Terms by notifying Owlet Eye in writing. If any part of this arbitration agreement is found unenforceable, the remaining provisions will still apply.
16.2. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Owlet Eye, its subsidiaries, affiliates, officers, directors, agents, partners, employees, and any other entities or individuals associated with Owlet Eye (collectively, the “Owlet Eye Parties”), from and against any and all losses, liabilities, claims, demands, damages, expenses, costs, fines, penalties, or other liabilities, including but not limited to attorneys' fees and court costs (collectively, “Claims”). These Claims must arise out of, or be related to: (a) your access to, use of, or reliance on the Services provided by Owlet Eye; (b) any User Content, Feedback, or other materials you submit, post, or make available through the Services; (c) any breach or violation of these Terms, including any representations, warranties, or obligations set forth herein; (d) any violation, misappropriation, or infringement by you of the intellectual property rights, privacy rights, or other legal rights of any third party, whether intentional or unintentional; or (e) your conduct, actions, or interactions with third parties in connection with your use of the Services, including but not limited to communications, transactions, or other activities undertaken through the platform.
You agree to promptly notify the Owlet Eye Parties of any third-party Claims that may fall within the scope of this indemnification obligation. Additionally, you agree to cooperate fully with the Owlet Eye Parties in defending any such Claims, including providing any necessary documents, information, or assistance in relation to the defense of such Claims. You further agree to bear all costs, expenses, and liabilities associated with the defense, including, but not limited to, attorneys' fees, court costs, and any settlement amounts.
You acknowledge and agree that Owlet Eye has the exclusive right to control the defense or settlement of any such Claims, including the selection of legal counsel, the strategy for the defense, and the negotiation or settlement of the matter. You shall not settle any Claims without obtaining prior written consent from Owlet Eye. This indemnification obligation is in addition to, and not in lieu of, any other indemnities or obligations of indemnification set forth in any separate written agreement between you and Owlet Eye or any of the Owlet Eye Parties.
The indemnification provisions outlined in this section shall survive the termination or expiration of these Terms and remain enforceable for any Claims arising from your prior use of the Services.
17. Governing Law & Venue
Any dispute arising from these Terms and your use of the Services will be governed by and construed in accordance with the laws of Florida, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Florida or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Florida and the United States, respectively.
18.
Modification & Termination of Services
Owlet Eye reserves the right, at its sole discretion, to modify, suspend, or discontinue all or any portion of the Services at any time, with or without notice to you. You acknowledge and agree that Owlet Eye shall not be liable to you or any third party for any modification, suspension, or termination of the Services, or for any loss or damage resulting therefrom.
You also have the right to discontinue your use of the Services at any time, for any reason. Upon termination of your use of the Services, these Terms will continue to apply to any prior use, including but not limited to any obligations and liabilities incurred before such termination.
Owlet Eye is not responsible for any loss or harm arising from your inability to access or use the Services, including any interruption or cessation of the Services.
19.
Miscellaneous
If any provision, or any part of a provision, of these Terms is found by a court of competent jurisdiction or an arbitrator to be unlawful, void, unenforceable, or in conflict with any applicable law, regulation, or public policy, such provision or portion thereof shall be deemed severable from these Terms and shall not affect the validity, enforceability, or binding effect of the remaining provisions. The remaining provisions of these Terms shall continue in full force and effect as though such unlawful, void, or unenforceable provision had never been included. In the event that any provision is found to be unenforceable in its current form, the parties agree that the provision shall be modified or reformed by the court or arbitrator to reflect the original intent of the provision to the maximum extent permissible under applicable law, while ensuring that the provision remains enforceable and effective.
The failure or delay by Owlet Eye to exercise or enforce any right, remedy, or provision under these Terms shall not be construed as a waiver of such right, remedy, or provision, nor shall it prevent Owlet Eye from subsequently exercising or enforcing the same or any other right, remedy, or provision. No waiver of any provision of these Terms shall be valid or binding unless executed in writing by a duly authorized representative of Owlet Eye. A waiver of any specific breach or violation of any provision of these Terms shall not be deemed to be a waiver of any future breach or violation of the same or any other provision.
The section titles, headings, and any summaries or captions contained within these Terms are provided for convenience and reference purposes only. They shall not be deemed to affect the interpretation or construction of any provision of these Terms and shall not have any legal or contractual effect. The rights and obligations of the parties shall be governed solely by the content and substance of the provisions, without regard to the headings or section titles.
These Terms are intended solely for the benefit of the parties involved and are not intended to confer any rights or benefits upon any third party. You consent to the use of electronic communications for all transactions and interactions related to these Terms and your use of the Services. Owlet Eye is an independent contractor and not your agent, trustee, or representative. You further acknowledge that you are not an agent of Owlet Eye and have no authority to bind or act on behalf of the company in any manner.