Product Testing Terms & Conditions

These Product Testing Terms ("Product Testing Terms") are made by and between the entity or person accepting these Product Testing Terms ("You") and Owlet Baby Care, Inc. (“Owlet”), and are effective as of the date you accept them (the "Effective Date").

1. Services. You, as a beta tester, have agreed to experience Dream Sock with Owlet Insights, a revolutionary new subscription service, (“Subscription”) that provides parents additional monitoring insights of baby’s vitals and data.  You acknowledge that You have experience and familiarity with Owlet products such as Dream Sock. At those reasonable dates and times, You agree to provide Owlet with services by participating in a testing session which will involve your assessment of user interactions with an Owlet device user interface and identification of use errors (the “Services”).  This will include your sharing with Owlet your opinions, insights, ideas and feedback (collectively, “Feedback”) on Dream Sock with Owlet Insights.  You acknowledge and agree that Owlet may use and disclose such feedback for any purpose, specifically including that Owlet may use and disclose such Feedback in its reports or other submissions to the FDA or other relevant regulatory authorities. You agree not to disclose Feedback to any third party and hereby assign to Owlet all right, title and interest in and to any feedback, without any right to compensation or other obligation from us. You agree to participate in the following activities that are expected to take no longer than 50 minutes:  (a) interview on your current use of the Subscription; (b) provide feedback on your experience using the Subscription and; (c) interview on your thoughts on use of the Owlet device user interface or Dream Sock with Owlet Insights. You will subscribe for the free trial through your operating system “OS” and at the end of the 30 days you will be billed automatically for the Subscription at a rate of $5.99 per month until you cancel. Owlet will send an “exit” survey to remind You to unsubscribe at the end of the free trial if You do not want to be billed for the service.
2. Access. You may have one (1) free month of access to the Subscription. Any access to such Subscription after the one free month will be charged to your account. As the Subscription is still in a testing phase, it is likely to contain errors. You agree that the Subscription  is provided "AS IS" and "AS AVAILABLE." You understand and agree that Owlet may change, withdraw, terminate your access to, testing of and/or use of, or discontinue the Subscription (or any portion thereof) at any time and in our sole discretion.
3. Term and Termination. These Product Testing Terms will commence on the Effective Date and will end immediately following your completion of the Services (the “Term”).
4. Representations and Warranties. You represent and warrant that You are not considered a Health Care Professional when providing the Services and for the entirety of the Term.
5. Confidentiality. You will not use or disclose any of the confidential information that Owlet provides to you in order to perform the Services, including any material, information, data and devices without Owlet’s prior written consent. .  You will not disclose to any third party the terms of these Product Testing Terms or any other information provided by Owlet to You in connection with these Product Testing Terms, without Owlet’s prior written approval, except as may be required by law or by lawful order of any applicable government agency. This Section will survive termination of these Product Testing Terms.
6. Ownership of Inventions Arising from the Services.  All ideas, inventions, improvements, or suggestions ("Inventions") made or conceived solely by You or jointly with Owlet in connection with, or as a result of, the Services performed hereunder, shall be and shall remain Owlet's sole and exclusive property.  You assign the entire right, title and interest in all such Inventions to Owlet and will at any time, at the request and expense of Owlet, render all reasonable assistance, execute all papers and take such other actions as Owlet may consider necessary to vest, perfect, defend, maintain and/or secure Owlet's rights in such Inventions.  No additional compensation is due for such Inventions or the assignment to Owlet. You shall acquire no right, title, or interest in any Owlet intellectual property.  All results of the Services and all reports, works of authorship, documents and other tangible items prepared for or submitted to Owlet under these Product Testing Terms will belong exclusively to Owlet and will be deemed to be works made for hire as understood under U.S. copyright law.  To the extent that any such item may not, by operation of law, be deemed works made for hire, You assign to Owlet the ownership of the copyright in those items. This Section will survive termination of Product Testing Terms.  
7. Miscellaneous. You may not assign these Product Testing Terms. You agree to indemnify, defend, and hold Owlet harmless against any third-party claim relating to Owlet’s negligence or breach of these Product Testing Terms.  IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY DAMAGES. Owlet may make changes to the Product Testing Terms at any time with or without notice (however Owlet will use our best efforts to notify you of any new changes) to you and by continuing to access the Services after any update to these Product Testing Terms, you agree to be bound by them. These Product Testing Terms will be governed by and construed in accordance with the laws of the State of Utah and the parties consent to the exclusive personal jurisdiction and venue of the state and federal courts of Salt Lake County, Utah. This Section will survive termination of these Product Testing Terms.