Owl Terms of Service
Owl Cameras, Inc. (“Owl,” “Owl Car Cam,” “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”).
1. You own your videos, and your social connections are yours. Owl will never claim ownership of your videos, nor exploit your social connections or network.
2. The link between your Owl Car Cam and your phone is secure so that only you can control access to your video content through the Owl Cam App, unless others have access to your phone or the secure recovery password you set up with Owl.
3. No one at Owl sees your video unless you choose to share it.
4. 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 Services, you agree to our data practices. 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 – the data we collect is anonymized. 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.
Owl’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 Owl.
Information You and Owl Share. Two big pieces of information you may share: (a) Account Information – profile name 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. Owl 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 Owl recovery account. 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: Owl is a security system, not an emergency services provider. However, as part of the Services, Owl may offer a link to certain emergency services in the case of accidents and emergencies. In those cases, you may register your current mobile phone number. When registering the number, you agree to receive text messages and phone calls (from us or our third-party providers).
Address Book and Social Media Permissions. Do you want to use extra features? For additional Services, you may provide us the phone numbers of Owl 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 Owl’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 Owl, 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 Owl and/or Our Users. How can you keep Owl, yourself, and other users safe? You agree not to do the following and not help others do the following: (1) use Owl 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. Owl provides you tools to keep your device and your Owl 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:
- Settings. 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.
- Deleting Your Owl Account. You may delete your Owl account at any time (including if you want to revoke your consent to our use of your information) by contacting Owl Customer Support.
- Third-Party Services and Integrations, and Providers. Owl 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 Owl 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.
We work with third-party providers to help us operate, provide, improve, understand, customize, support, and market our 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.
All of the licenses granted to you and that you grant to us embody the four promises we made to you at the beginning. Owl 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 Owl account, including phone numbers, email addresses, pictures and likeness, content, videos, and messages, submitted through our Services. Owl does not claim ownership of the information that you submit for your Owl account or through the Services. You will give Owl 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 Owl account or through our Services and the right to grant the rights and licenses in our Terms.
Owl’s License Rights; License to You. So, what does Owl 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.
Owl 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 Owl 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 Owl. As necessary for Owl to provide Services, you grant Owl 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 Owl 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, Owl 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, Owl 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 “OWL 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 OWL 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 OWL 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 OWL PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification. You agree to defend, indemnify, and hold harmless the Owl 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 Owl’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 Owl 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 Owl: “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 Owl 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.