LITTLE BIRD TERMS OF SERVICE

Last Updated: [March 01 2022]

These Terms of Service (“Terms”) apply to your access to and use of our consumer products, websites, mobile applications, customer support, and other online products and services (collectively, the “Services”) provided by Littlebird Connected Care, Inc. (“Littlebird” or “we”). PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 16, WHICH REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 16. 

BY CLICKING [“I ACCEPT”] OR BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.

If you have any questions about these Terms or our Services, please contact us at info@littlebird.care]. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

Because our Services take many forms, additional terms may apply and are included within the relevant Services. Those additional Service terms become a part of your contract with us.

Eligibility

You must be at least 18 years of age to use our Services. 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 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.

Consumer Products

All our Services, including for example Littlebird, are consumer products. These consumer products are in no way medical devices. None of our devices are intended for use as a medical device or to replace a medical device. They do not and are not intended to diagnose, cure, treat, manage, alleviate or prevent any disease or health condition or replace or modify anatomy or any physiological process.

We do not in any way guarantee the accuracy of the data collected and presented through the Services, which are not intended to match that of medical devices or scientific measurement devices. OUR SERVICES DO NOT PROVIDE ANY MEDICAL ADVICE OR OPINIONS. RATHER, USE OF THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT SERVE AS A SUBSTITUTE FOR THE ADVICE OF A MEDICAL PROFESSIONAL.

Our Services are not intended for emergency situations. If you think you OR YOUR CHILD may have a medical emergency, call your doctor or emergency services immediately. Never disregard professional advice or delay in seeking it because of information you read about relating to our Services or as a result of using our Services.

Do not misuse our Services. They are consumer products intended to promote general well-being. Never use our Services to replace good parenting, common sense, or appropriate medical care.

Do not access our Products using a method other than the authorized interface and the instructions that we provide. Use our Products only as permitted by law, including applicable export and re-export control laws and regulations. If you use our Products improperly, we may stop providing our Products to you

User Accounts and Account Security

You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that an unauthorized person has accessed your account.  You are responsible for all actions and activities that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.

User Content

Our Services may allow you and other users to create, post, store and share content, including messages, text, photos, videos, software and other materials (collectively, “User Content”). Except for the license you grant below, as between you and Littlebird, you retain all rights in and to your User Content, excluding any portion of the Services included in your User Content.

You grant Littlebird a 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 and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. Depending on your account settings, whenyou post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others.

You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

Prohibited Conduct and ContentYou will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:

Engage in any harassing, threatening, intimidating, predatory or stalking conduct;

Use or attempt to use another user’s account without authorization from that user and Littlebird;

Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;

Sell, resell or commercially use our Services;

Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors; 

Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services; 

Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;

Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;

Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services; 

Develop or use any applications that interact with our Services without our prior written consent;

Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;

Bypass or ignore instructions contained in our robots.txt file; or

Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:

Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;

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;

May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;

Impersonates, or misrepresents your affiliation with, any person or entity;

Contains any unsolicited promotions, political campaigning, advertising or solicitations;

Contains any private or personal information of a third party without such third party’s consent or authorization;

Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or

In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose Littlebird or others to any harm or liability of any type.

Enforcement of this Section 4 is solely at Littlebird’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.  In addition, this Section 4 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

Please note that parental control protections (such as computer hardware, software or filtering services) may be commercially available to assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections should be available at: https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers (last checked on [01/2022]). 

Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Littlebird or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

Trademarks

Littlebirdand our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of Littlebird and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us. 

Feedback

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Littlebird or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in Littlebird’s sole discretion. You understand that Littlebird may treat Feedback as nonconfidential. 

Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Littlebird’s designated agent as follows:

Designated Agent: Michael Avent

Address: 1201 3rd Ave, Suite 4900

Seattle, WA 98101

Telephone Number: 206.395.8000

E-Mail Address: MAvent@perkinscoie.com

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Littlebird for certain costs and damages.

Third-Party Content

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Littlbird does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Littlbird and our officers, directors, agents, partners and employees (individually and collectively, the “Littlebird Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify Littlebird Parties of any third-party Claims, cooperate with Littlebird Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys' fees). You also agree that the Littlebird Parties will have control of the defense or settlement, at Littlebird's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Littlebird or the other Littlebird Parties.

Disclaimers

Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Littlebird does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Littlebird attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. Product is Dependent on carrier coverage. Device must be turned on. Littlebird makes no representations or warranties about the availability or accuracy of the GPS or about the accuracy or completeness of any map data or other information.You assume the entire risk as to the quality and performance of the Services.

HIPAA Disclaimer

We are NOT providing you with “covered health services” as such term is defined in the Health Insurance Portability and Accountability Act (“HIPAA”). Any information that you provide to us will NOT be deemed in any way “protected health information.” We are not obligated to handle that information in the manner required by HIPAA. You agree to never make any HIPAA claims against us.

Limitation of Liability

To the fullest extent permitted by applicable law, Littlebird and the other Littlebird Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Littlebird or the other Littlebird Parties have been advised of the possibility of such damages.

The total liability of Littlebird and the other Littlebird Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $50 or the amount paid by you to use our Services.

The limitations set forth in this Section 13 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Littlebird or the other Littlebird Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

Release

To the fullest extent permitted by applicable law, you release Littlebird and the other Littlebird Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “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.”

Transfer and Processing Data

In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Littlebird and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial. 

No Representative Actions. You and Littlebird agree that any dispute arising out of or related to these Terms or our Services is personal to you and Littlebird and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

Arbitration of Disputes. Except for small claims disputes in which you or Littlebird seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Littlebird seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Littlebird waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have against Littlebird you agree to first contact Littlebird and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Littlebird by email at MAvent@perkinscoie.com or by certified mail addressed to Littlebird Connected Care, Inc. c/o Michael Avent, 1201 Third Avenue, Suite 4900, Seattle, WA 98101-3099. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Littlebird cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in King County, WA unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this Section 16, a “consumer” means a person using the Services for personal, family or household purposes.  You and Littlebird agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason. 

You and Littlebird agree that these Terms affect interstate commerce and that the enforceability of this Section 16 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. 

The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute.  The arbitrator, Littlebird, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.  

You and Littlebird agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Littlebird will pay the remaining JAMS fees and costs. For any arbitration initiated by Littlebird, Littlebird will pay all JAMS fees and costs. You and Littlebird agree that the state or federal courts of the State of Washington and the United States sitting in King County, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. 

Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Littlebird will not have the right to assert the claim. 

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 16 by sending a letter or other written notice to: Littlebird Connected Care, Inc. c/o Michael Avent, 1201 Third Avenue, Suite 4900, Seattle, WA 98101-3099.  In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 17.

If any portion of this Section 16 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 16 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 16; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 16 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 16 will be enforceable. 

Governing Law and Venue

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Washington, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Washington 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 Washington and the United States, respectively, sitting in King County, Washington.

Modifying and Terminating our Services

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. If we discontinue providing all or portions of the Services, we will, where reasonably possible, give you advance notice and a chance to access and move your content and data to another service. We are not responsible for any loss or harm related to your inability to access or use our Services.

Additional Terms and Amendments

We may supply different or additional terms in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Miscellaneous

The failure of Littlebird to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect.  Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. 

Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210. 

IMPORTANT SAFETY WARNINGS 

READ AND UNDERSTAND ALL WARNINGS BEFORE USING LITTLEBIRD CONNECTED CARE. FAILURE TO FOLLOW THESE SAFETY INSTRUCTIONS COULD RESULT IN SERIOUS PERSONAL INJURY, DEATH, OR DAMAGE TO THE PRODUCT OR NEARBY PROPERTY. 

Do not use Littlebird Connected Care as a medical device. Littlebird Connected Care is not a substitute for a medical device or for care, advice, or monitoring from a trained medical professional. Do not rely on Littlebird Connected Care as a diagnostic tool or to assess or monitor the wearer’s health or any health condition or disease. Littlebird Connected Care is not designed or intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, alleviation, or prevention of any health condition or disease. If you experience a medical emergency, call 911; your Littlebird Connected Care device will not do so for you. Using Littlebird Connected Care as a medical device or in place of care from a trained medical professional may result in underlying health conditions worsening, which could lead to serious personal injury or death. 

Do not use Littlebird Connected as a substitute for in-person care of a child. Children wearing Littlebird Connected Care should be supervised by an adult at all times. Littlebird Connected Care is not intended to replace a caregiver. Leaving a child unsupervised may lead to them suffering serious personal injuries. 

Consult with a physician before use. Consult with a physician before the Littlebird Connected Care wearer begins use. A physician should approve use for persons with underlying medical conditions that may be affected by the device, including but not limited to persons who experience seizures, blackouts, eyestrain, headaches, or sleep conditions. Failure to consult with a physician prior to use could exacerbate or worsen existing conditions. It could also result in personal injury, including serious personal injury or death. 

Consult with a physician before using if you have a medical device. Littlebird Connected Care and the Littlebird Connected Care Charging Dongle contain magnets, as well as components and radios that emit electromagnetic fields. Those components may interfere with certain medical devices, including but not limited to pacemakers and defibrillators. Interference with other medical devices could result in serious personal injury or death, as well as damage to the other devices. Consult with a physician before using Littlebird Connected Care if you use a medical device.

Stop use if wearer experiences skin irritation or discomfort. Discontinue use of Littlebird Connected Care immediately if the wearer experiences skin irritation or discomfort on the skin around or beneath the device. Skin irritation includes but is not limited to redness, swelling, itchiness, or any other irritation or discomfort. Those with allergies or known skin sensitivities may be more likely to experience irritation. Those with known nickel allergies should be attentive when wearing the device until they can determine they are not experiencing an allergic reaction. Skin irritation may also occur if the device is worn too tightly. Consult a physician before resuming wear. Continued use, even after symptoms subside, may result in renewed or increased irritation and personal injury. 

Immediately remove Littlebird Connected Care is it feels warm or hot. Littlebird Connected Care should be removed immediately if the device or the skin under or around the device is warm or hot to the touch. Wearing the product while warm or hot may result in discomfort, skin irritation, burns, or other personal injury. 

Discontinue use if the wearer experiences pain, soreness, tingling, numbness, burning or stiffness in the wearer’s hands or wrists while or after wearing Littlebird Connected Care. Use of Littlebird Connected Care should immediately be discontinued if the wearer experiences pain, soreness, tingling, numbness, burning or stiffness in the wearer’s hands or wrists while or after wearing the device. Pain, soreness, tingling, numbness, burning or stiffness in the hands or wrists may be associated with health conditions or diseases that can be exacerbated by wearing a wearable device, such as Littlebird Connected Care. Continued use of Littlebird Connected Care while experiencing these symptoms may result in further symptoms and personal injury, including serious personal injury. 

Avoid dropping, puncturing, burning, or crushing. Handle Littlebird Connected Care Device with care. Littlebird Connected Care contains sensitive electronic components and can be damaged if dropped, burned, punctured, or crushed. Doing so could damage Littlebird Connected Care or result in smoke or fire that could damage other nearby property. A damaged device could also cause personal injury, including serious personal injury and death. 

Do not use product if damaged. Do not use a damaged Littlebird Connected Care device, including but not limited to a device with a cracked component, visible liquid intrusion, or a damaged band. Littlebird Connected Care contains small parts inside it that could be a choking hazard to children if they are exposed. Further, using the Littlebird Connected Care device when damaged could result in electric shock, smoking, or fire, which could cause serious personal injury.

Do not attempt to remove, repair, or modify any part. Your Littlebird Connected Care does not contain user-serviceable parts. Do not attempt to open or disassemble your Littlebird Connected Care. Do not attempt to replace the battery. Attempting to disassemble or alter your Littlebird Connected Care could result in electric shock, which could result in personal injury. It could also cause damage to Littlebird Connected Care’s internal parts, which could cause overheating, fire, explosion, electric shock, or smoking, which could result in serious personal injury, death, or additional damage to Littlebird Connected Care or other nearby property. 

Do not expose Littlebird Connected Care to extreme temperatures. Littlebird Connected Care should not be exposed to extreme heat or cold. Allowing Littlebird Connected Care to become too hot or too cold may cause the internal battery to malfunction, which could cause overheating, fire, explosion, electric shock, or smoking, which could result in serious personal injury or death. It could also result in damage to Littlebird Connected Care or other nearby property.

Use only the charger provided. Littlebird Connected Care is not compatible for use with other chargers. Using Littlebird Connected Care with a charger other than the charger provided may cause overheating, fire, explosion, electric shock, or smoking, which could result in serious personal injury, death or additional damage to Littlebird Connected Care or other nearby property. 

Do not charge your Littlebird Connected Care device around children: The charging cord and dongle for the Littlebird Connected Care device could be a choking hazard for small children. Do not charge the device in an area where small children have access to it. Doing so could result in a small child choking.

Do not wear or engage in prolonged contact with Littlebird Connected Care while charging. Littlebird Connected Care should not be used while connected to a charger. Littlebird Connected Care, the Littlebird Connected Care Charger to Charging Dongle, and the power adapter will become warm when plugged into a power source. Do not sleep on the Littlebird Connected Care while connected to the charger. Do not place the Littlebird Connected Care Charger to Charging Dongle or the power adapter under a blanket, pillow, or your body while sleeping. Take special care if you have a physical condition that affects your ability to detect heat against the body. Remove Littlebird Connected Care if it becomes uncomfortably warm. Contact with hot surfaces may cause discomfort, skin irritation, burning, or other personal injury.

Do not use damaged cables and chargers. Stop using your Littlebird Connected Care charger if you suspect any part, including the cable, is damaged. Using damaged cables or chargers can cause overheating, fire, explosion, electric shock, or smoking, which could result in serious personal injury, death or additional damage to Littlebird Connected Care or other nearby property. 

Do not use charger when moisture is present. Littlebird Connected Care chargers are not waterproof. Charging Littlebird Connected Care when moisture is present may cause overheating, fire, explosion, electric shock, or smoking, which could result in serious personal injury, death or additional damage to Littlebird Connected Care or other nearby property.

Do not use abrasive cleaners to clean your Littlebird product. Doing so could damage the protective shell on the device, which could lead to its internal parts being exposed or its water resistance being reduced or eliminated. Damaging the protective shell of the device could result in fire, electric shock, or smoking, which could result in serious personal injury, death or additional damage to Littlebird Connected Care or other nearby property.

Cellular Connectivity: Product is Dependent on carrier coverage. Device must be turned on. Littlebird makes no representations or warranties about the availability or accuracy of the GPS or about the accuracy or completeness of any map data or other information

LITTLEBIRD PRIVACY POLICY

Last Updated: [March 01 2022]

This Privacy Policy explains how Littlebird Connected Care, Inc.  (“Littlebird,” “we,” or “us”) collects, uses, and discloses information about Parents, Guests, and Children (“Users” or “you”). This Privacy Policy applies when you use our connected devices (for example,Littlebird) (“Products”), websites, mobile applications, or engage with us on social media (collectively, our “Services”). 

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this policy and, in some cases, we may provide you with additional notice (such as adding a statement to our website or sending you a notification). We encourage you to review this Privacy Policy regularly to stay informed about our information practices and the choices available to you.

“You” may be a:

A parent or legal guardian (“Parent”) who is providing information about a child under the age of 13 (individually, a “Child,” and collectively, “Children”)

A caregiver invited via a link to download our mobile application (“Guest”)

CONTENTS

1. Collection of Information

2. Use of Information

3. Sharing of Information

4. Advertising and Analytics 

5. Children’s Privacy

6. Transfer of Information to the United States and Other Countries

7. Your Choices

8. Contact Us

1. COLLECTION OF INFORMATION

Information You Provide to Us

We collect information you provide directly to us. The information we collect depends on how you interact with our Services.  For example, you share information directly with us when you create an account, fill out a form, submit or post content through our Services, make a purchase, communicate with us via third-party platforms, participate in a contest or promotion, request customer support, or otherwise communicate with us. The types of personal information we may collect include:

Information you provide us as a Parent, which may include your name, email address, postal address, phone number, credit card and other payment information, and any other information you choose to provide.

Information you provide us as a Parent about your Child(ren), which may include name, month and year of birth, height (length), weight, hair color, eye color, allergies, preferences, routines, or other information that you may choose to provide to us.

Information you provide us as a Guest, which may include name, email address, postal address, phone number, and any other information you choose to provide. 

Information We Collect Automatically When You Interact with Us

When you access or use our Services or otherwise transact business with us, we automatically collect certain information, including:

Transactional Information: When you make a purchase or return, we collect information about the transaction, such as product details, purchase price, and the date and location of the transaction.

Device and Usage Information: We collect information about how you access our Services, including data about the device and network you use, such as your hardware model, operating system version, mobile network, IP address, unique device identifiers, browser type, and app version. We also collect information about your activity on our Services, such as access times, pages viewed, links clicked, and the page you visited before navigating to our Services. When you use our Products, we collect usage data associated with the device wearer, including sleep or movement.

Location Information: In accordance with your device permissions, we may collect information about the precise location of your device. You may stop the collection of precise location information at any time (see the Your Choices section below for details).

Information Collected by Cookies and Similar Tracking Technologies: We (and our service providers) use tracking technologies, such as cookies and web beacons, to collect information about you. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular, and count visits. Web beacons (also known as “pixel tags” or “clear GIFs”) are electronic images that we use on our Services and in our emails to help deliver cookies, count visits, and understand usage and campaign effectiveness. For more information about cookies and how to disable them, see Your Choices section below.

Information We Collect from Other Sources

We obtain information from third-party sources. For example, we may collect information about you fromadvertising networks, data analytics providers, and mailing list providers. 

Information We Derive

We may derive information or draw inferences about you based on the information we collect. For example, we may make inferences about your location based on your IP address or infer that you are looking to purchase certain products based on your browsing behavior and past purchases. 

2. USE OF INFORMATION

We use the information we collect to administer your account. We also use the information we collect to:

Provide, maintain, and improve our products and services; 

Process transactions and send you related information, including confirmations, receipts, invoices, customer experience surveys, and recall notices;

Personalize and improve your experience on our Services;

Send you technical notices, security alerts, and support and administrative messages; 

Respond to your comments and questions and provide customer service;

Communicate with you about products, services, and events offered by Littlebird and others and provide news and information that we think will interest you (see the Your Choices section below for information about how to opt out of these communications at any time);

Provide and administer our loyalty program;

Monitor and analyze trends, usage, and activities in connection with our Services; 

Personalize the advertisements you see on third-party platforms and websites (for more information, see the Advertising and Analytics section below);

Personalize the advertisements you see when you use our Services based on information provided by our advertising partners;

Facilitate contests, sweepstakes, and promotions and process and deliver entries and rewards; 

Detect, investigate, and prevent security incidents and other malicious, deceptive, fraudulent, or illegal activity and protect the rights and property of Littlebird and others;

Debug to identify and repair errors in our Services; 

Comply with our legal and financial obligations; and

Carry out any other purpose described to you at the time the information was collected.

3. SHARING OF INFORMATION

We share personal information in the following circumstances or as otherwise described in this policy: 

If you are a Guest, we share your personal information with the Parent that invited you to set up your account.

If you are a Parent, we share certain information you provide about you and your Child(ren) with the Guest(s) you invite to access your account. You can add and remove Guests from your account at any time.

We share personal information with vendors, service providers, and consultants that need access to personal information in order to perform services for us, such as companies that assist us with web hosting, shipping and delivery, payment processing, fraud prevention, customer service, and marketing and advertising.

If you submit a product review or post content in another public area of our Services, we share this information with other registered users on our Services.

If you choose to use integrations we offer on our Services, such as sharing your location through our Google Maps integration, we may share certain information with the integration partners. 

We may disclose personal information if we believe that disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements.

We may share personal information if we believe that your actions are inconsistent with our user agreements or policies, if we believe that you have violated the law, or if we believe it is necessary to protect the rights, property, and safety of Littlebird, our users, the public, or others.

We share personal information with our lawyers and other professional advisors where necessary to obtain advice or otherwise protect and manage our business interests.

We may share personal information in connection with, or during negotiations concerning, any merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company. 

Personal information is shared between and among Littlebird and our current and future parents, affiliates, and subsidiaries and other companies under common control and ownership.

We share personal information with your consent or at your direction.

We also share aggregated or de-identified information that cannot reasonably be used to identify you. 

4. ADVERTISING AND ANALYTICS 

We allow others to provide analytics services and serve advertisements on our behalf across the web and in mobile apps. These entities may use cookies, web beacons, device identifiers, and other technologies to collect information about your use of our Services and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in mobile apps, links clicked, and conversion information. This information may be used by Littlebird and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites, and better understand your online activity. For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices or change your settings using the consent management tool on our Services.Your device may also include a feature (“Limit Ad Tracking” on iOS or “Opt Out of Interest-Based Ads” or “Opt Out of Ads Personalization” on Android) that allows you to opt out of having certain information collected through mobile apps used for behavioral advertising purposes.

We also work with third parties to serve ads to you as part of customized campaigns on third-party platforms (such as Facebook and Instagram). As part of these ad campaigns, we or the third-party platforms may convert information about you, such as your email address and phone number, into a unique value that can be matched with a user account on these platforms to allow us to learn about your interests and serve you advertising that is customized to your interests. Note that the third-party platforms may offer you choices about whether you see these types of customized ads.

5. CHILDREN’S PRIVACY

This section of the Privacy Policy applies to information we collect about individuals under the age of 13 or the age where parental consent is required for use of the Service under applicable law (individually, a “Child,” and collectively, “Children”). 

If we learn that we have collected a Child’s personal information without legally required parental consent, we will take steps to delete the information as soon as possible. Parents who have submitted their Child’s personal information to us and would like to have it deleted may contact us at info@littlebird.care

Collection, Use and Disclosure of Children’s Information

Under the United States Children’s Online Privacy Protection Act ("COPPA"), verifiable parental consent is needed to collect, use, or disclose personal information (e.g., full name and birthday) from Children under 13 years old.

Information Collected about Children

While we collect personal information about Children who use our Services from their Parent(s), Parents determine whether to use our Products to collect certain Product data directly from their Children. We obtain verifiable parental consent before collecting, using, or disclosing information from a Child. We collect the following information from children through our Products:

Activity Information: We collect information about Children’s activity on our Services, such as step count, movement, sleep patterns, temperature, and heartrate.

Location Information: In accordance with your device permissions, we may collect information about the precise location of your connected device (e.g., Littlebird) and any Child wearing the device. You may stop the collection of precise location information at any time (see the Your Choices section below for details).

Use and Sharing of Children’s Information

Once we obtain verifiable parental consent, we may use and share personal information collected from Children for the purposes described in Section 3. We do not sell Children’s personal information or use Children’s personal information to market or advertise to Children, nor do we permit third parties to do so.

We may provide aggregated and/or de-identified information to researchers or use or share it for other purposes not prohibited by law. A child will not be personally identified, nor will a child’s individual, disaggregated information be used as part of any such effort without the express written consent of the child’s parent.

Parental Rights

We collect verifiable consent from Parent(s) by engaging in a monetary transaction with a Parent to purchase our Products and through the creation of an account where the Parent consents to the collection of information from their designated children. Parents have certain rights with respect to our collection, use, retention, and disclosure of their Child’s information. This includes the right to review, update, or delete personal information about their Child, as well as to prohibit our sharing of personal information about their Child with certain third parties. Parents can exercise these rights by emailing requests directly to us at info@littlebird.care].  Please note that if a Parent requests deletion of his/her Child’s personal information or content, we may still retain certain information as required by law or for our legitimate business purposes as outlined in Section 10. Children and their Parents can learn more about the choices Users have with respect to their information here.

6. TRANSFER OF INFORMATION TO THE UNITED STATES AND OTHER COUNTRIES

Littlebird is headquartered in the United States, and we have operations and service providers in the United States and other countries. Therefore, we and our service providers may transfer your personal information to, or store or access it in, jurisdictions that may not provide levels of data protection that are equivalent to those of your home jurisdiction. If you are not comfortable with our processing of your data as described, please do not use our Services.

7. YOUR CHOICES

Account Information

You may access, update, and correct certain account information at any time by logging into your account, emailing us at info@littlebird.care . If you wish to delete your account, please contact us at info@littlebird.care, but note that we may retain certain information as required by law or for our legitimate business purposes.

Location Information

When you first launch any of our mobile apps that collect precise location information, you will be asked to consent to the app’s collection of this information. If you initially consent to our collection of such location information, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device. You may also stop our collection of this location information by following the standard uninstall process to remove all of our mobile apps from your device. If you stop our collection of this location information, some features of our Services may no longer function properly.

Cookies

Most web browsers are set to accept cookies by default. If you prefer, you can usually adjust your browser settings to remove or reject browser cookies. Please note that removing or rejecting cookies could affect the availability and functionality of our Services. 

Communications Preferences

You may opt out of receiving text messages or promotional emails from Littlebird by following the instructions in those communications. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.

Mobile Push Notifications

With your consent, we may send push notifications to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.

8. CONTACT US

If you have any questions about this Privacy Policy, please contact us at info@littlebird.care.