Owlcam Terms of Service
Owl Cameras, Inc. (“Owlcam,”“our,” “we,” or “us”) provides video recording, messaging, social media uploading, and other services to users around the world. The consumer (“You”) agrees to our Terms of Service (“Terms”) by installing, accessing, or using our products, including by not limited to, applications (“apps”), services, features, software, or website (together, “Services”).
- You own your videos, and your social connections are yours. Owlcam will never claim ownership of your videos, nor exploit your social connections or network.
- The link between your Owlcam and your phone is secure so that only you can control access to your video content through the Owlcam App, unless others have access to your phone or the secure recovery password you set up with Owlcam.
- No one at Owlcam sees your video unless you choose to share it.
- Any data we collect on usage is anonymized.
Privacy and Data Policy
Data Practices. What do we need from you? We need your permission. While you agree to this, please know that under NO circumstances do we share your information for any reason or no reason unrelated to the delivery of our Services without giving you notice or asking you first. Period. To use our any of our Services, you agree to our data practices, and you are consenting to the collection, use, transfer, and disclosure of information as described in this Privacy and Data Policy.
Our data practices described above include the limited collection, use, processing, and sharing of your information, as described below in the “Information You Provide” and “Automatically Collected Information” sections, as well as the transfer and processing of your information globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that laws, regulations, and standards of the country in where your information is stored or processed may be different from those of your own country.
How We Use Information. Fun fact – All the data we collect is anonymized, except when you opt-in and only in specific cases related to Owlcam 911 Assist (see “Additional Services and Emergency Services” below). We use all the information we have to help us operate, provide, improve, understand, customize, support, and market our Services, all with the goal of making them better for you.
Safety and Security. We promote safety and security on and off our Services, and therefore verify accounts and activity, and investigate suspicious activity, alleged or perceived violations of our Terms, and validate use to ensure our Services are being used legally.
Owlcam’s Automatically Collected Information. We collect service-related, diagnostic, and performance information. This includes log files, and diagnostic, crash, website, and performance logs and reports.
- Transactional Information. If you pay for our additional Services, we may receive information and confirmations, such as payment receipts, including from app stores or other third parties processing your payment.
- Device and Connection Information. We collect device-specific information when you install, access, or use our Services through our app. This includes information such as hardware model, operating system information, browser information, location, IP address, mobile network information including phone number, and device identifiers.
Usage Information. We collect information on when and where clips are created, and how our apps are used. This data is anonymized and not traceable back to your device. This includes information about your activity (such as how you use our Services, how you interact with others using our Services, and the like).
- Clip Information. We collect data on when and where clips are created, as well as the text for the clip titles. This data is fully anonymized. Voice naming of your video is processed using a cloud-based service. The only audio that is uploaded to the cloud to enable this service is sent anonymously, is not saved, and is not accessible by Owlcam.
Information You and Owlcam Share. Two big pieces of information you may share: (a) Account Information – profile name, phone number, and photo, which may be available to others using our Services, if you elect to share, although you can configure your Services settings to manage certain information available to other users, and; (b) Your Contacts – Users with whom you communicate may store or share your information (including your phone number or messages) with others on and off our Services. We receive information other people provide us, which may include information about you. For example, when other users you know use our Services, they may provide your phone number from their mobile address book (just as you may provide theirs), or they may send you a message, send messages to groups to which you belong, or call you.
Remember, you control access to your information; videos, profile, and other information and can control sharing that information. Owlcam will never access your videos, unless there is a legal mandate requiring us to provide it to authorities. Under that circumstance, you will have notice of and have the right to dispute access with the proper authorities. You can use your Services settings and the block feature in our Services to manage the users of our Services with whom you communicate and certain information you share, and we’ll never share your information without notifying you or requesting your permission first. Period.
Information You Provide
- Your Account Information. You may provide your mobile phone number and/or email address to create an Owlcam recovery account and for other features and services (see “Additional Services and Emergency Services” below). You may at some point provide us the phone numbers in your mobile address book, including those of both the users of our Services and your other contacts, for sharing your videos. You confirm you are authorized to provide us such information. You may also add other information to your account, such as a profile name, profile picture, email address, and status message.
- Your Messages. In order to deliver the messages, you’re providing the information on our platform. If a message cannot be delivered immediately (for example, if you are offline), we may keep it on our servers for up to 10 days as we try to deliver it. If a message is still undelivered after 30 days, we delete it. To improve performance and deliver media messages more efficiently, such as when many people are sharing a popular photo or video, we may retain that content on our servers for a longer period of time.
- Your Connections. To help you organize how you communicate with others, we may create a favorites list of your contacts for you, aggregated from information you provide, and you can create, join, or get added to groups and broadcast lists, and such groups and lists get associated with your account information.
Customer Support. You may provide us with information related to your use of our Services, including copies of your messages, and how to contact you so we can provide you customer support. For example, you may send us an email with information relating to our app performance or other issues.
ADDITIONAL SERVICES AND EMERGENCY SERVICES: Owlcam is a security system, not an emergency services provider, and do care about your safety. As part of the Services, Owlcam may call emergency services on your behalf to certain emergency services in the case of accidents and emergencies. In those cases, you may register your current mobile phone number to receive communications to this number. When registering the number, you consent to receive text messages, VOIP calls, and phone calls (from us or our third-party providers) and any additional associated costs from your wireless provider. You also acknowledge that by using this service you consent to these additional terms.
Owlcam 911 Assist. Crashes happen, and Owlcam is there to assist when you need help. Owlcam captures video when you are driving so when a crash happens, you have the video proof. With optional Owlcam 911 Assist, if the Owlcam detects a serious crash, not only do you have the video, but Owlcam will place an audio-only call to ask if you are okay, and call emergency services for you if you can’t. Please understand, Owlcam 911 Assist is NOT a replacement for dialing 911 or emergency contacts, but an additional service that’s privately offered.
- Requirements for Owlcam 911 Assist. Owlcam 911 Assist requires a functioning Owlcam, an active Owlcam Instant Video Subscription, and network reception from our wireless service provider. It also requires accurate GPS location at the time of the event. Additional fees apply for this service to be active.
- How Owlcam 911 Assist Works. Owlcam may provide Owlcam 911 Assist for an initial trial period on an opt-in basis. For an additional fee, you may opt-in to continue the service. With the additional service, your Owlcam will monitor for serious crash events. When a crash is detected, an Owlcam operator or third party provider will contact you via an audio-only call to see if you need assistance, and call 911 for you if you ask them to, or if they cannot reach you. By signing up for the service you consent to providing Owlcam and our third party providers with phone number, GPS location data, and timestamp of the accident, and unique ID of your camera. You also acknowledge and authorize your right to provide this information, and give Owlcam and our third party providers the right to use this information to effectuate and analyze the Owlcam 911 Assist Services. Remember, your information is yours, and no one will see or receive video of the crash except for you. Information you provide, whether via phone or video, will be kept confidential, with the exception of providing that information to emergency service providers to effectuate the service, and when subpoenaed or at the direction of the courts or law enforcement.
- Owlcam 911 Assist Limitations. Owlcam 911 Assist will not trigger in all crashes– it will only trigger in serious crashes where the impact is large enough that there is a high likelihood of serious injury where you would be incapacitated and unable to call emergency services for yourself. The definition of a serious crash is based on the HeERO2 Harmonized eCall European Pilot V1.1 – Procedures for eCall certification and execution. Owlcam is not responsible for any delay or failure due to network connection, acts of nature, or forces beyond our control. Owlcam 911 Assist is available in the USA only.
- Address Book and Social Media Permissions.Do you want to use extra features? For additional Services, you may provide us the phone numbers of Owlcam connections and affiliated users and your other contacts in your mobile phone address book on a regular basis or you may elect to log in to our Services via your social media profiles. Should you choose to log in that way, you confirm and warrant that you are authorized to provide us such information to allow us to provide our Services on an as needed basis to access such information.
Age. How old are you? If you’re under 13 years old, you can use our voice Services to capture and make videos. If you want to be participate in social sharing of our Services, you must be 13 or over (or such age required in your country for you to be authorized to use our Services without parental approval) unless you are making and sharing with a parent. If you aren’t old enough, your parent or guardian must agree to our Terms on your behalf, if applicable for use. If these permissions are not granted, you agree to stop using the Services immediately.
Devices and Software. What do you need to use Owlcam’s Services? A car, a phone, and a data connection for the phone. You’ll have to provide those three things yourself to use our Services via the app. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically, if applicable.
Fees and Taxes. What do you have to pay for? The data plan and other fees and taxes associated with your use of our Services via mobile phone are all yours. We may charge you for additional Services, including applicable taxes, if applicable. Don’t worry, we’ll let you know if it applies before we charge you.
Our Terms and Policies. You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you agree not to create another account without our permission.
Legal and Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of Owlcam, our users, partners, third-party providers, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any commercial/for profit of our Services unless otherwise authorized by us.
Harm to Owlcam and/or Our Users. How can you keep Owlcam, yourself, and other users safe? You agree not to do the following and not help others do the following: (1) use Owlcam in a way that adds distraction or risk in the car (2) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others; (3) directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.
Securing Your Account. Owlcam provides you tools to keep your device and your Owlcam account safe and secure. Settings adjustments and recovery account information are always available at your fingertips, so be as open or as private as you’d like. We just ask that you notify us promptly of any unauthorized use or security breach of your account or our Services.
Managing Your Information. The following tools all you to manage, change, limit, or delete your information:
- You can change your Services settings to manage certain information available to other users. These features can be accessed in the app.
- Changing Your Profile Information. You can change certain personal information at any time by accessing settings in the app. If you opt-in to Additional Services, this also includes any phone numbers associated with your profile.
- Deleting Your Owlcam Account. You may delete your Owlcam account at any time (including if you want to revoke your consent to our use of your information) by contacting Owlcam Customer Support.
- Third-Party Services and Integrations, and Providers. Owlcam Services may allow you to access, use, integrate with, or interact with third-party websites, apps, content, and other products and services. For example, you may choose to use third-party data backup services (such as iCloud, Amazon Web Services, or Google Drive) that are integrated with our Services or interact with a share button on a third party’s website that enables you to send information to your Owlcam contacts and vice versa. If you interact with a third-party service linked through our Services, you may be providing information directly to such third party. When using third-party services, their own terms of service, guidelines, and privacy policies will govern your use of those services.
Our Third Party Providers. We work with third-party providers and other companies, which may include but is not limited to present or future corporate affiliates, to help us operate, provide, improve, understand, customize, support, and market our Services. This may also include providing joint services or certain services to us or on our behalf to help us operate our business and/or effectuate the Services. For example, we work with companies to distribute our Services, provide infrastructure, delivery, and other systems, supply location and places information, process payments, help us understand how people use our Services, and market our Services. These providers may provide us information about you in certain circumstances; for example, app stores may provide us reports to help us diagnose and fix service issues. Please understand that when we share information with third-party providers, we require them to use your information in accordance with our instructions and terms or with express permission from you.
In addition, to effectuate the Services on our behalf, we may share aggregated anonymized information (i.e., where the aggregated data cannot identify you personally) with our service providers for the sole purpose of providing of services to us, and to you, too The exception to this anonymity is when you opt in to receiving the Owlcam 911 Assist service and only in specific cases related to the operation of Owlcam 911 Assist, in which case we share information critical to providing this service, including but not limited to, name, unique Device ID, GPS location and phone number . We will not sell or share your personal data with our affiliates, service providers, or unrelated third parties to use for their own marketing purposes or business purposes without your consent.
All of the licenses granted to you and that you grant to us embody the four promises we made to you at the beginning. Owlcam uses your video and information only to operate our Services. Your information is yours, and no one has access unless you grant it.
Your License Rights. What are the things you own? For starters, all of your information – including, but not limited to, personal information submitted to establish and maintain your Owlcam account, including phone numbers, email addresses, pictures and likeness, content, videos, and messages, submitted through our Services. Owlcam does not claim ownership of the information that you submit for your Owlcam account or through the Services. You will give Owlcam a license to use the information you submit, and you assure us that you have the necessary rights to such information that you submit for your Owlcam account or through our Services and the right to grant the rights and licenses in our Terms.
Owlcam’s License Rights; License to You. So, what does Owlcam own? We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, data generated through your use of the Services and associated analysis, and other intellectual property rights associated with our Services. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms and any applicable policies. This license is for the sole purpose of enabling you to use our Services solely in the manner permitted by our Terms and any applicable policies.
Owlcam License Restrictions. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, data generated through your use of the Services and associated analysis, and other intellectual property rights unless you have our express permission. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you in this provision. You shall not and will not transfer any of your rights or obligations under our Terms and any applicable policies to anyone else without our prior written consent. Such transfer without the prior written consent of Owlcam shall be deemed invalid, null and void. We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.
Your License to Owlcam. As necessary for Owlcam to provide Services, you grant Owlcam a worldwide, non-exclusive, royalty-free, fully paid up, irrevocable, worldwide, perpetual license, sublicensable, and transferable license to use, make, have made, execute, reproduce, modify, adapt, display, perform, distribute, make derivative works of, import, export, and, make, have made, use, execute, reproduce, modify, adapt, display, perform, distribute, make derivative works of, import, and export, your information in connection with the Services and to permit others to do any of the foregoing. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as to allow us to display your profile picture and status message, transmit your messages, store your undelivered messages on our servers for up to 30 days as we try to deliver them, and otherwise as described in our applicable policies). You also grant Owlcam the right to sell or offer for sale your information and data derived thereof submitted through our Services, excluding your video content, which always remains yours.
Disclosure. If required by law or court order, Owlcam may cooperate with a party and disclose your information, including account information, video files, and content that you upload, submit, store, send, or receive on or through our Services. Upon receipt of the mandatory disclosure request, Owlcam may provide the aforementioned information files, and you will be given advance notice of such request for disclosure as promptly as possible.
Reporting Intellectual Property Infringement. To report claims of third-party copyright, trademark, or other intellectual property infringement, please contact us at www.OwlCam.com. We may terminate your Services and associated account(s) if you repeatedly infringe the intellectual property rights of others.
Disclaimers. YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE PROVIDE OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS, DISABLING MECHANISM, OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, RETRIEVABLE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, INTERCEPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES.
Release. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “OWLCAM PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: 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.
Limitation of Liability. THE OWLCAM PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE OWLCAM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE OWLCAM PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification. You agree to defend, indemnify, and hold harmless the Owlcam Parties, its affiliates, any and all applicable respective officers, directors, employees, sublicensees, contractors, users and agents from any and all claims, losses, liabilities, damages, expenses and costs (including attorneys’ fees and court costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to and/or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms or any applicable policies; (c) any actual or alleged infringement of any intellectual property rights by the Services, Deliverables or use of either on your behalf; (d) any personal injury or property damage caused by the negligence, acts or omissions of your use of the Services, which would not have happened but for your use of the Services; or (e) any misrepresentation made by you (each of the aforementioned a “Claim”). You will cooperate as fully as required by us in the defense or settlement of any Claim, and in no event will you settle any Claim without Owlcam’s prior written consent, not to be unreasonably delayed.
Forum and Venue. You agree that you will resolve any Claim you have with us relating to, arising out of, or in any way in connection with our Terms, us, or our Services (each, a “Dispute,” and together, “Disputes”) exclusively in the United States District Court for the Northern District of California or a state court located in San Mateo County in California, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes.
Governing Law. The laws of the State of California govern our Terms, as well as any Disputes, whether in court or arbitration, which might arise between Owlcam and you, without regard to conflict of law provisions.
Availability and Termination of Services
Availability of Our Services. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.
Termination. We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with Owlcam: “Privacy and Data Policy,” “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Availability and Termination of Services,” and “Miscellaneous.”
Full Agreement. Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding Owlcam and our Services, and supersede any prior agreements. We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms. Also note, these terms may be updated without notice, as needed, and such Terms and applicable policies will govern use of the Services. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please review our Terms from time to time. Any amendment to or waiver of our Terms requires our express consent.
Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country. Our Terms are written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.
Trade and Export Laws. You will comply with all applicable U.S. and non-U.S. export control and trade sanctions laws (“Export Laws”). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (a) to any individual, entity, or country prohibited by Export Laws; (b) to anyone on U.S. or non-U.S. government restricted parties’ lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You will not use or download our Services if you are located in a restricted country, if you are currently listed on any U.S. or non-U.S. restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods.
Our Transfer of Rights. All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. If we fail to enforce any of our Terms, it will not be considered a waiver.
Waiver and Severability. No provision of this Agreement will be waived by any act, omission or knowledge of a party or its agents or employees except specifically in a writing signed by the waiving party. If any provision of these Terms is deemed unenforceable, invalid, unlawful, or void by a court, that provision will be stricken or modified, shall not affect the validity and enforceability of the remaining provisions, and the remainder of this Agreement will be in full force and effect.
Information Operations and Practices Agreement. You agree to our information practices, including the collection, use, processing, and sharing of your information as described in these Terms and any applicable policies, as well as the transfer and processing of your information to the United States and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those in which it is collected or disseminated, and you agree to allow such collection, storing, and transfer as needed.
Last updated: September 4, 2018
What are cookies?
Cookies are commonly used automated data collection tools – like small pieces of text sent to your web browser by a website you visit, in HTML-formatted emails, and in applications. A cookie file is stored in your web browser and allows the Service or a third-party to recognize you and make your next visit easier and the Service more useful to you.
Cookies can be “persistent” or “session” cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while session cookies are deleted as soon as you close your web browser.
When you use and access the Services, we may place a number of cookies files in your web browser or application.
- To enable certain functions of the Service
- To store your preferences
- Collect statistics regarding your Service usage
- Provide us with information to support technical functionality of the Services, improve the experience, and measure effectiveness
- To enable a third party to deliver and or effectuate our products and Services to you.
We use both session and persistent cookies on the Service and we use different types of cookies to run the Service:
Accounts-related cookies. We may use accounts-related cookies to authenticate users and prevent fraudulent use of user accounts. We may use these cookies to remember information that changes the way the Service behaves or looks, such as the “remember me” functionality.
Analytics or customization cookies. We collect information that is either used in aggregate form to help us understand how the Services are used or how effective they are, or to help us customize the Services for you.
What are your choices regarding cookies?
Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features and functionalities we offer, you may not be able to store your preferences, and some of our pages might not display properly, and we may be unable to offer certain services and support.
Do-Not-Track. There are different ways you can prevent tracking of your online activity. One of them is setting a preference in your browser that alerts websites you visit that you do not want them to collect certain information about you. This is referred to as a Do-Not-Track (“DNT”) signal.
Please note that at this time, there is no universally accepted standard for what a company should do when a DNT signal is detected. In the event a final standard is established, we will assess how to appropriately respond to these signals.
Where can you find more information about cookies?
You can learn more about cookies here – http://www.allaboutcookies.org/
You can learn more about cookies, Do-Not-Track and other tracking technologies here – http://www.youronlinechoices.com
Date of Last Revision: March 13th, 2019
Owlcam’s goal is for you to love our products. If you are experiencing a problem with your Owlcam purchase, let us know, we are here to help.
What Does This Warranty Do?
The Warranty provides you information on rights and protections for your Owlcam products, should you have issues. Of course, you (as defined below) may have other rights varying from state to state and country to country, and this warranty does not negate nor waive those rights regarding purchase of consumer goods. To the extent this Warranty is inconsistent with local law, this Warranty shall be deemed modified to be consistent with such local law, but this Warranty is governed by the laws of the state of California, USA.
The Warranty is only valid during the one (1) year from date of purchase for repair and replace, and for thirty (30) days from date of purchase for refund (the “Warranty Period”).
Who Is This Warranty From?
This limited consumer warranty (the “Warranty”) is from Owl Cameras, Inc. (“Owl”, “Owlcam,” “we”, or “us”).
Who Is This Warranty For? Owlcam provides this Warranty only to the sole purchaser, consumer, and user of a new, covered product from Owlcam or an authorized retailer (“you”). The Warranty is not available for products that were purchased used or from any source other than Owlcam or an authorized retailer. Even though the devices themselves can be given to or used by others second hand, unfortunately this Warranty cannot be assigned, transferred, or assumed to any later purchasers or users of an original user that previously purchased, sold, or used Owlcam product.
What Does This Warranty Cover?
This Warranty is only valid for an Owlcam product purchased and used by you solely within the United States, and covers defects and malfunctions in new Owlcam product(s). We warrant that the products will, under normal and intended use, function substantially in accordance with our technical specifications or any applicable accompanying product documentation (the “Warranted Functionality”) during the Warranty Period. If the product needs Owlcam software or services to achieve the Warranted Functionality, we will make and keep software and services available during the Warranty Period. We may update, modify or limit such software and services in our sole discretion so long as we continue to maintain (or exceed) the Warranted Functionality. Product registration is not required as a condition to coverage under this Warranty, but some Owlcam products require periodic connection to an online Owlcam account to ensure full functionality.
What Does This Warranty NOT Cover?
This Warranty does not cover damage outside of Owlcam’s control, including without limitation damage caused by misuse, accident, abuse, use other than as intended and described in any documentation, normal wear and tear, tampering, or service or alterations made by someone not expressly authorized by Owlcam.
This Warranty also does not include guarantees that the product will be error-free, continuous availability, data loss, or that any software, security, firmware or sites will function uninterrupted or error-free. This limited warranty is void if an Owlcam product is returned with removed, damaged or tampered labels or any alterations. Any damages or costs related to data recovery, removal, and installation are not recoverable under this Warranty. This Warranty does not extend any implied or statutory warranties, conditions or representations regarding the product or any connected software or online services.
How Long Does This Warranty Last?
Originally purchased Owlcam products and accessories are guaranteed against manufacturing defects one (1) year from the original date of purchase for repair and replace remedies, and thirty (30) days from purchase date for refund (see below for remedies).
Was Your Device Stolen?
Send us your device ID (found in the app) and the video of the theft using the “Share to Owl” option in the app, and we will permanently disable your device and provide you a replacement Owlcam, at our discretion and election, of equal value and/or functionality of the originally purchased Owlcam. Your original device, if powered up again will show the message, “Camera reported stolen, service disabled.” It will also be traceable if ever powered up again. This protection is offered for a three (3) year period from the original date of purchase of the Owlcam to be replaced, and is limited to one (1) replacement only for each
Owlcam that you have purchased. Reports of theft of your Owlcam must be submitted within fifteen (15) days of the theft and include the original sales receipt in order to be eligible for a replacement under this warranty provision.
What Are This Remedies This Warranty Offers?
In the event defects are reparable during the one (1) year period from effective date,
Owlcam will repair or replace the defective part or product with a comparable part or product ,or enable software updates, or modifications at Owl’s sole discretion. Except for such repair or replacement, anything else relating to this product is without warranty, condition or other liability even if the defect or loss is caused by negligence or other fault. Damage resulting from use, accident, or normal wear and tear is not covered by this or any warranty.
We want you to love the products you purchase from us at www.owlcam.com. If at any time, or for any reason within thirty (30) days of receiving your order, you are not 100% satisfied, you may return it to us for a refund. Any items damaged due to reasons not covered under warranty cannot be accepted back for refund under this Warranty.
Does This Warranty Cover Any Other Liabilities?
Owlcam assumes no liability for any accident, injury, death, loss, or other claim related to or resulting from the use of this product. In no event shall Owlcam be liable for incidental or consequential damages relating to or resulting from the use of this product or any of its parts.
Owlcam does not warrant nor represent that we have a special relationship with or fiduciary duty to you. You acknowledge that Owlcam has no control over, and no duty to take any action regarding: which users gain access to the services or products; what content is accessed via the services or products; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release Owlcam from all liability for you having acquired or not acquired content through the services and products. Owlcam does not warrant nor represent, nor shall we be liable or responsible for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.
EXCEPT AS EXPRESSLY SET FORTH IN THE TERMS OF SERVICE, THE SERVICES, CONTENT, WEBSITE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, SERVICES, PRODUCTS, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
OWLCAM DOES NOT, UNDER THIS WARRANTY, ASSUME ANY LIABILITY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF OWLCAM HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES, FOR ANY CLAIM ARISING FROM OR RELATED TO THIS WARRANTY STATEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR LEGAL OR EQUITABLE THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR REVENUES, GOODWILL, DOWNTIME, LOSS OF DATA, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF ANY REPLACEMENT GOODS OR SUBSTITUTE EQUIPMENT, ANY COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH OWLCAM PRODUCTS, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT, OR LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS BEING REPLACED OR REPAIRED. DAMAGE TO OR REPLACEMENT OF EQUIPMENT AND PROPERTY. OWLCAM SPECIFICALLY DOES NOT REPRESENT THAT IT WILL BE ABLE TO REPAIR ANY PRODUCT UNDER THIS WARRANTY OR MAKE A PRODUCT EXCHANGE WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA.
IN NO EVENT SHALL OWL’S LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS WARRANTY STATEMENT EXCEED THE PRICE PAID BY YOU FOR PURCHASE OF THE PRODUCT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR LEGAL OR EQUITABLE THEORY.
30 Day Money Back Guarantee
If at any time within thirty (30) days of receiving your order, you are not 100% satisfied, you may return it to us for a refund. Any items damaged due to reasons not covered under warranty cannot be accepted back for refund under this Warranty. See warranty for additional information.
You can also reach us on Facebook or Twitter.
Effective Date: 3/13/2019
Receive special text offers and deals from Owlcam Updates through your mobile device. Text JOIN to 695226 to receive up to 4 text messages per month with updates regarding the status of your subscriptions. Message and data rates may apply.
By opting in to this service, you consent to receive mobile text alerts using an automatic telephone dialing system. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services.
By signing up, you are confirming you are over the age of 13.
Text STOP to 695226 to stop receiving Owlcam Updates messages from Owl Cameras, Inc. You will receive a confirmation text.
For additional information, text HELP to 695226 or call 1-800-732-7131.
Supported carriers are:
AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, Google Voice, ACS Wireless, Advantage Cellular (DTC Wireless), Appalachian Wireless, Atlantic Tele-Network International (ATN), Bandwidth, Bluegrass Cellular, Buffalo Wireless, CableVision, Carolina West Wireless, Cellcom, Copper Valley, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Chariton Valley Cellular, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), i Wireless (IOWA Wireless), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, Mobi PCS (Coral Wireless LLC), Mosaic, MTA Communications, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, Panhandle Telecommunications, Peoples Wireless, Pine Belt Wireless, Pine Cellular, Pioneer, Plateau, Revol Wireless, RINA, SI Wireless/Mobile Nation, SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. T-Mobile is not liable for delayed or undelivered messages.