Re: Your participation in Demo App evaluation (the "Demo Testing") of a consumer App intended to help improve communication and interactions among members of a household (the "App") provided by Lovely Mind LLC (the "Company", "we", "our" or "us").
Dear Parent ("you"),
Thank you for agreeing to participate in the Demo Testing for our App. We, in our sole discretion, have provided you the App, which is designated as a Demo, pilot, evaluation, or a similar designation, available to you to try at your option at no charge to you. The App (on your phone) will be placed in the agreed-upon locations in your household for you to record brief conversations with the participants (approximately 5 minutes daily for two weeks) and provide information based on interactions among members of the household. In consideration of being permitted by us to receive the App and participate in the Demo Testing, you hereby acknowledge and agree to all the terms and conditions set forth in this letter (this "Letter"). You acknowledge and agree that your participation in the Demo Testing is subject to this Letter.
Household Consent. IN ORDER TO PARTICIPATE IN THE DEMO TESTING, EVERY MEMBER OF YOUR HOUSEHOLD MUST AGREE TO THE TERMS OF THIS LETTER, INCLUDING AGREEING TO BE RECORDED BY THE APP. If any member of your household withdraws their consent, you will no longer be allowed to participate in the Demo Testing.
Selection Criteria. By participating in the Demo Testing, Company has determined that you met the selection criteria to participate in this Demo Testing. If at any time, Company determines that you no longer meet the Company's selection criteria, Company can terminate your participation in the Demo Testing at any time.
By participating in the Demo Testing, you agree that, when requested by the Company, you will meet with a member of the App evaluation team, as designated by the Company. If you are deemed unfit or ineligible for the Demo Testing at any time, you will not be able to participate in the Demo Testing and any current Demo Testing in progress will be stopped immediately.
Recording. YOU AGREE THAT THE APP MAY MONITOR AND RECORD CONVERSATIONS IN YOUR HOUSEHOLD AND THAT THE APP MAY PROVIDE CERTAIN INFORMATION BASED ON SUCH CONVERSATIONS. You are free to use or to ignore the information at your sole discretion. Company employees, contractors, and other agents may listen to your recorded conversations as part of the Demo Testing. Company may analyze recordings using artificial intelligence to provide additional information. You may disable and reenable recording at any time by following the instructions provided with the App.
Ownership; Improvements; Recommendations. You agree that all right, title, and interest in and to the App shall be solely owned by the Company. Title of App does not transfer to you by your participation in the Demo Testing or for any other reason. You consent to the Company using de-identified versions of any recordings that occur during the Demo Testing to improve the App and to retain such recordings until you request their deletion. If you provide us any ideas or suggestions for enhancements and improvements ("Recommendations") to the App, we may freely use such recommendations without any payment obligations or restrictions.
Term; Termination. Your participation in the Demo Testing will begin when you will receive the App. The Demo Testing will terminate approximately two weeks after your first recording with the App. Participation in the Demo Testing is entirely voluntary. You can terminate by notifying us in writing and deleting the App at any time from your mobile device. Upon termination of the Demo Testing, you will promptly (but no later than 30 days after termination) delete the App from your device. Notwithstanding the foregoing, we may terminate this Letter, your access to the App, or demand deletion of the App, in our sole discretion at any time, without any liability to you.
No Warranties. As part of the Demo Testing, we are providing you the App is provided "AS-IS" without any warranty of any kind, including any warranty that the App is free from defects or hazardous conditions.
NO MEDICAL ADVICE; INFORMATIONAL ONLY. NEITHER THE APP NOR ANY INFORMATION GIVEN BY THE APP HAS BEEN REVIEWED OR APPROVED BY ANY REGULATORY AGENCY FOR COMMERCIAL DISTRIBUTION OR COMMERCIAL USE. NEITHER THE APP NOR THE COMPANY (INCLUDING ITS WEBSITE AND APP EVALUATION TEAM) PROVIDE ANY PROFESSIONAL COUNSELING, MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR OPINIONS. YOUR USE OF THE APP DOES NOT ESTABLISH A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND COMPANY. ALL MATERIALS, INCLUDING ANY INFORMATION, PROVIDED BY THE APP ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DO NOT SERVE AS A SUBSTITUTE FOR ANY PROFESSIONAL ADVICE OR SERVICE. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE APP AND ANY INFORMATION PROVIDED BY THE APP. If you have any questions regarding your health or a medical condition, you should always seek the advice of your physician or other qualified healthcare professional. In the case of a health emergency, seek immediate assistance from a healthcare professional. You should never delay obtaining medical advice or disregard any medical advice because of something the App or Company has communicated to you.
NO ACCESS TO EMERGENCY SERVICES. You understand and acknowledge that the App is not a replacement for any two-way phone service and does not function as such. Neither the Company nor the App monitors the content of any recording for any other purpose outside of the Company's internal App evaluation, and is not responsible for any content, activity, communication, event, or circumstance that may take place within the household. You acknowledge and understand that the App is not designed or intended to be used to send or receive any emergency communications, or to communicate with any other third parties, or to record communication for any other purpose than for the Company's internal App evaluation as described herein.
ACKNOWLEDGEMENT OF RISK. YOU ARE AWARE AND UNDERSTAND THAT THE DEMO TESTING IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE POTENTIAL RISK OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE. YOU AGREE TO FOLLOW ALL INSTRUCTIONS AND SAFETY INFORMATION WHEN USING THE APP. YOU ACKNOWLEDGE THAT ANY INJURIES THAT YOU SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. NOTWITHSTANDING THE RISK, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY PARTICIPATING IN THE DEMO TESTING WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING FROM THE DEMO TESTING, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
Waiver of Claims. You hereby expressly waive and release any and all claims, whether now known or hereafter known, against the Company, and its officers, directors, employees, agents, affiliates, shareholders, successors, and assigns (collectively, "Releasees"), on account of injury, disability, death, or property damage arising out of or attributable to the Demo Testing, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise, and further you expressly waive any right you have under Cal. Civ. Code Section 1542, which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." You covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that California law does not permit to be released by this Letter; PROVIDED THAT THE TOTAL LIABILITY OF THE COMPANY ARISING OUT OF OR RELATED TO THE Demo TESTING UNDER THIS LETTER WILL NOT EXCEED US $100 AND IN NO EVENT WILL THE COMPANY HAVE LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF THESE DAMAGES.
Indemnification. You shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, the costs of enforcing any right to indemnification under this Letter, and the cost of pursuing any insurance providers, incurred by the Company or any other Releasees in a final non-appealable judgment, arising out or resulting from any claim of a third party related to your participation in the Demo Testing, including any claim related to your own negligence or the ordinary negligence of the Company.
Miscellaneous. This Letter constitutes the sole and entire agreement between you and the Company with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, Letters, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Letter is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Letter or invalidate or render unenforceable such term or provision in any other jurisdiction. This Letter is binding on and shall inure to the benefit of you and the Company and their respective successors and assigns. All matters arising out of or relating to this Letter shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any claim or cause of action arising under this Letter may be brought only in the federal and state courts located in Alameda County, California and you hereby consent to the exclusive jurisdiction of such courts.
Lovely Contact Information: For any questions or issues, please contact Lovely at: firstcircle@lovely-ai.com