SimpliSafe 2023 Beta Test Program Agreement
This SimpliSafe Beta Test Program Agreement (the “Agreement”) is made as of the date you finish (a) checking the box in the SimpliSafe app indicating that you agree to these terms; (b) clicking “Continue” to confirm; and (c) adding your new SimpliSafe Beta Test battery operated indoor camera to your SimpliSafe home security system (“Effective Date”) by and between SimpliSafe, Inc., a Delaware corporation that maintains a corporate office located at 100 Summer Street, Suite 300, Boston, MA 02110 (“SimpliSafe”, “we”, “us” or “our”) and the undersigned individual (“you” or “your”).
WHEREAS, you have been identified as a participant in a test, which may include the testing of live guard protection, providing interactive indoor agent monitoring (“Features”) at your primary home or dwelling. The Features will collect video, record audio and include monitoring services with video verification, two-way audio and other verification and interaction processes involving human agents (“Monitoring Services”). Audio and/or video recordings may be made of all responses to alarm events. The test is intended to generate a variety of video data, audio data, and monitoring samples to aid SimpliSafe in developing equipment, features, and/or services for future SimpliSafe product offerings (all of the foregoing collectively referred to as the “Program”);
WHEREAS, you acknowledge by execution of this Agreement that you understand that the Features and Equipment used in this Program may be new product offerings which may or may not function as intended. You understand that SimpliSafe may need to update certain Features or aspects of any Equipment during the Program. As such, the Features and indoor battery operated camera Equipment are being offered to you with no representations or warranties as described further below; and
WHEREAS, you agree to participate in this Program subject to the terms of this Agreement for the time period beginning with the Effective Date to the earlier of the date you opt out of the Program or the date of SimpliSafe’s notice of termination of the Program (“Collection Period”). You understand that participation in this Beta test requires you to have been individually invited to participate by SimpliSafe and have purchased Equipment, merely receiving a copy of this agreement is not an invitation to join the Program.
NOW THEREFORE, for good and valuable consideration, which includes the purchase of a battery operated indoor camera at a promotional price and access to new home security Features during the term of your participation in the Program, the receipt and adequacy of which hereby is acknowledged, the parties hereto agree as follows:
1. Use/Ownership of Equipment. You understand and agree that participation in the Program may involve the use of your Equipment (which shall include any of your existing SimpliSafe equipment (e.g., wired indoor cameras, home security sensors, outdoor cameras, etc.) and the battery operated indoor camera(s) you have purchased to participate in this test, herein referred to as “Equipment”). No Equipment will be provided to you as part of the Program.
2. Installation of Equipment. By participating in the Program, Equipment (your existing equipment along with your newly obtained indoor battery camera) will be used during the Collection Period in accordance with the terms of this Agreement and our Terms of Service.
By agreeing to participate in this Program you are representing that you are authorized to make installation modifications to your home’s exterior and interior as needed to participate in the Program and, as such, you agree to hold SimpliSafe harmless in any potential disputes with a co-owner, landlord, or other potentially interested party regarding the installations/modifications to your home.
SimpliSafe makes no representations or warranties about the installation or your right to install Equipment. SimpliSafe disclaims any and all liability arising, directly or indirectly, from your installation of any Equipment.
You agree not to collect information from adjacent private property or areas in which others may have a reasonable expectation of privacy. SimpliSafe disclaims any and all liability arising out of or connected with Equipment’s installation or data capture from third parties, and you agree that any claim, damage, or issue arising therefrom is between you and any third party and you agree not to pursue SimpliSafe for any such damage, claim, or other liability.
3. Program and Equipment Data Collection. Equipment may collect information regarding occupants, strangers and guests (which may include, without limitation, postal workers, delivery persons, friends, family members, invited guests or visitors and unknown individuals) who enter into areas where Equipment is capturing information, and is designed to create recordings (audio and/or video) of all responses to alarm events. The Equipment may collect information regarding pets, objects delivered to your property (e.g., packages), and other objects (e.g., automobiles) that are in areas where Equipment is capturing information.
You hereby grant SimpliSafe permission and license to use or process any information collected in the manners described herein, for any reasonable internal operational analysis and/or product and feature development purposes, conducted directly by SimpliSafe or by a third party service provider on SimpliSafe’s behalf.
Artificial intelligence (“AI”) processing of the video collected by Equipment will attempt to distinguish whether images are of humans, pets or other objects, including but not limited to packages, but will not include the use of facial recognition technology or biometric analysis.
AI processing of the video collected will attempt to identify motion in Equipment’s fields of view.
You understand and agree that, at all times, rights in and title to all data collected in association with the Program remain with SimpliSafe and no ownership of the data collected by the Equipment is being transferred to you.
4. Privacy. The Program involves the collection and processing of:
Identifiers (e.g., names, addresses and device identifiers associated with Equipment and accounts);
Demographic data, such as age or gender;
Video data such as images and likenesses
Audio data, including but not limited to voice recordings, regarding sounds captured by Equipment;
Transaction information, such as information about features activated on Equipment, services requested, and payment methods used;
Internet activity information, such as information about your use of our websites or mobile applications in association with the Program; and
interactions between Equipment, SimpliSafe Customer Service, and/or SimpliSafe Monitoring Services and subjects interacting with said Equipment.
SimpliSafe will share all such information with third parties acting on SimpliSafe’s behalf, such as data storage providers, analytics and AI services, and data processing services.
You consent to SimpliSafe’s collection, distribution, sharing and processing of such information in accordance with the terms of this Agreement by SimpliSafe or its third party vendors.
You agree that it is your sole responsibility to comply with applicable laws regarding the collection of personal information, video and audio via Equipment and the sharing of such information for processing in accordance with the terms of this Agreement.
You understand and agree that the Equipment (particularly cameras) is designed to record audio and video in response to an alarm event. You agree that with respect to individuals who enter into areas where Equipment is collecting information, it is your sole responsibility to provide all notices and obtain all consents necessary to authorize the processing of information collected by Equipment, INCLUDING BUT NOT LIMITED TO VIDEO AND AUDIO RECORDINGS, as described in this Agreement, and you agree that you are signing this Agreement with the authorization of and on behalf of all cohabitants (e.g., household members including adults, minor and adult children) of your home.
You understand and agree that the information collected in association with the Program may be included in one or more AI or computer vision (“CV”) models that may be used indefinitely in or by SimpliSafe products and software or by third party vendors and sub-processors and that your data may be unable to be deleted from such AI or CV models.
Should SimpliSafe request that you or others sign a separate consent form for certain processing activities, you agree to review and/or share with others such consent form. If you or others refuse to sign the consent form, you agree to cease participation in the Program.
5. SimpliSafe’s Purposes for Processing Data and Use of Data. SimpliSafe will process and use the data collected in association with the Program for the purposes of:
Identifying whether an individual, as opposed to a pet or a moving object, has entered into or moved within the Equipment field of view;
Alerting SimpliSafe personnel to the presence of objects or individuals detected by Equipment;
Training and testing various logics, AI, and CV models, approaches, and features that SimpliSafe may use in future products, services or enhancements;
Recognizing movement in Equipment fields of view;
Developing new Equipment, features or offerings;
Improving existing equipment, features or offerings; and
Developing or updating automated or manual processing: including alarm handling and response processes, and Monitoring Services processes.
6. Agent Monitoring. The Program alerts trained agents of activities or the presence of objects or individuals on your property.
Agents may engage with individuals by triggering sirens, accessing and triggering audio file recordings, including pre-recorded audio files, activating Equipment features, listening to live audio or taking other actions supported by the systems.
Agents will be able to access Equipment remotely, access live data collection (including audio, video or images) captured during or in relation to events and will be able to commence 2-way communication via live streaming which will trigger audio and video recording.
You consent to agents accessing data captured by Equipment using SimpliSafe’s and/or third party vendors’ software. You further consent to agents responding by taking steps such as, but not limited to, those listed above.
7. Confidentiality Obligations. As the data collection performed under this Agreement relates to confidential product development projects, you may not share any details of the Program, including this testing or any data collected, with anyone outside of SimpliSafe, except to the extent necessary to comply with your obligations set forth in Section 4, or where specifically sponsored and permitted by SimpliSafe such as in a company sponsored private Beta Test user forum that SimpliSafe invites you to join for this Program.
You may not post or share any pictures or other information about the Program, Equipment used in the Program, or the collection of information associated with the Program with anyone else on social media or any other medium or communication channel unless specifically permitted by SimpliSafe.
Further, you may not share or post any information captured by Equipment to third parties, social media or in any other communication channel.
“Confidential Information” includes, but is not limited to: the nature of data processing associated with the Program, the details of the Program, and, feedback from you, either online or any included in surveys or other requests for information pertaining to your video collection and your responses to each.
You agree to not share any Confidential Information with any person or entity outside of SimpliSafe (except as may you may be requested by SimpliSafe to participate in any private forum) or make use of it for any purpose, without the express written permission of SimpliSafe. This includes, but is not limited to, your agreement not to publish, discuss or otherwise disseminate any information about this Program (this includes, without limitation, on any social media platforms).
8. SimpliSafe Ownership of Data. You understand and hereby agree that SimpliSafe shall be the sole owner of any data collected by Equipment. However, to the extent you would be deemed the owner or any data collected, you hereby grant SimpliSafe and its licensees an unlimited, irrevocable, fully paid and royalty-free, perpetual, worldwide right and license to use, re-use, distribute, store, share, delete, translate, copy, modify, display, create derivative works from, use for any research, development, testing and analytical purposes, and otherwise exploit such data collected or provided in association with the use of Equipment for any lawful purpose without any additional compensation to you both during and after the Collection Period. For the avoidance of doubt, such permitted and licensed uses include, without limitation, any tagging/processing for AI/CV model generation, data analysis and through any manner, medium or format, electronic or otherwise, either directly or using one or more third party vendors.
9. Program Feedback. To enable our ability to collect your important input and sentiments, we may direct you to (i) complete surveys and other feedback prompts and/or (ii) an online forum for testers where you may be asked to provide feedback. Feedback shall include any suggestion or idea about the Equipment provided during the Program or other SimpliSafe products or services.
You agree to complete such tasks on a timely basis to the best of your ability.
You further acknowledge and agree that SimpliSafe shall own all rights in and to all feedback and information you provide, and shall have the right to use such information for any commercial purpose without restriction or further obligation.
10. Termination. Should you desire to leave the Program at any time, you may send seven days’ advance written notice to LGP.Beta@simplisafe.com requesting for your participation in the Program to cease. Your participation in the Program will also be terminated if you decide to cancel your monitoring subscription during the Term of this Program. SimpliSafe may terminate the Program at any time, with or without prior notice. The following sections will survive termination of this Agreement: 7 (Confidentiality Obligations), 8 (SimpliSafe Ownership of Data), 9 (Program Feedback), 11 (indemnification), 12 (No Representations or Warranty), 13 (Limitation of Liability), 14 (Disputes), and 18 (Miscellaneous).
Upon SimpliSafe’s confirmation of your termination request, you may still retain publicly offered home security monitoring services with your SimpliSafe Home security system BUT Agent Monitoring (as defined in paragraph 6, above) will no longer be able to directly monitor your battery operated indoor camera and the test features of that camera may no longer be offered or available. Once the features are made generally available to the public you may purchase services from SimpliSafe again for this camera.
You acknowledge that any promotional pricing you received for the battery operated indoor camera was provided in exchange for your agreement to participate in this test for the full term. If you choose to terminate early, SimpliSafe reserves the right to pursue one or more of the following options: (a) charge your original billing method at the time of your battery operated indoor camera purchase or the payment method currently used for your monthly monitoring subscription fees for the promotional savings amount and/or (b) require you to return the battery operated indoor camera for a refund at the purchase price.
11. Indemnification. You agree to indemnify, defend and hold harmless SimpliSafe and our parent, subsidiaries, affiliates, partners, shareholders, members, officers, directors, managers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of his Agreement or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
12. NO REPRESENTATIONS OR WARRANTY. ALTHOUGH SIMPLISAFE RESERVES THE RIGHT TO CORRECT ANY ERRORS, OMISSIONS, OR INACCURACIES, YOU ACKNOWLEDGE THAT THE PROGRAM AND ALL INFORMATION WITH RESPECT THERETO IS PROVIDED ON AN “AS IS,” AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND AND THAT YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SIMPLISAFE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
13. LIMITATION OF LIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT SIMPLISAFE AND AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PROGRAM; THE INABILITY TO PARTICIPATE IN THE PROGRAM; OR ANY INFORMATION CONTENT OR FUNCTIONALITY OFFERED IN CONNECTION WITH THE PROGRAM. THESE LIMITATIONS APPLY TO ALL LOSSES AND DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. IF YOU ARE DISSATISFIED WITH THE PROGRAM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP PARTICIPATING IN THE PROGRAM.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF SIMPLISAFE UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Informal Dispute Resolution: Prior to initiating any arbitration or bringing a claim in small claims court (as set forth below), you must first present any dispute to SimpliSafe by contacting us at LGP.Beta@simplisafe.com to allow for an opportunity to resolve the dispute. You or we may initiate arbitration if your dispute cannot be resolved within 60 days.
PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
ANY CLAIM THAT EITHER OF US MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING FORMATION, PERFORMANCE, OR BREACH OF THEM), OUR RELATIONSHIP WITH EACH OTHER, OR USE OF THE SERVICES MUST BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION (AAA)’S CONSUMER ARBITRATION RULES, AVAILABLE WWW.ADR.ORG. ARBITRATION HEARINGS WILL BE HELD IN BOSTON, MA. IF THIS LOCATION IS NOT CONVENIENT FOR YOU, PLEASE LET US KNOW AND WE WILL WORK TO DETERMINE A MUTUALLY CONVENIENT LOCATION. ANY DISAGREEMENTS REGARDING THE FORUM FOR ARBITRATION WILL BE SETTLED BY THE ARBITRATOR.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE TERMS AS A COURT WOULD.
AS AN EXCEPTION TO THIS ARBITRATION PROVISION, EITHER YOU OR SIMPLISAFE MAY PURSUE IN SMALL CLAIMS COURT ANY CLAIM THAT IS WITHIN THAT COURT’S JURISDICTION SO LONG AS SUCH CLAIMS ARE BROUGHT ONLY ON AN INDIVIDUAL BASIS. NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN THE STATE AND FEDERAL COURTS LOCATED IN MASSACHUSETTS, IN ORDER TO PROTECT ITS RIGHTS PENDING AN OUTCOME IN ARBITRATION.
YOU AND SIMPLISAFE ALSO AGREE TO ARBITRATE IN EACH OF YOUR AND OUR INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.
IF YOU INITIATE ARBITRATION, YOUR ARBITRATION FEES WILL BE LIMITED TO THE FILING FEE SET FORTH IN AAA’S CONSUMER ARBITRATION RULES. REGARDLESS OF WHO INITIATES ARBITRATION, SIMPLISAFE WILL PAY YOUR SHARE OF ARBITRATION FEES (NOT INCLUDING YOUR ATTORNEYS’ FEES) UP TO A MAXIMUM OF $2,500. IF THE ARBITRATOR RULES AGAINST SIMPLISAFE, IN ADDITION TO ACCEPTING WHATEVER RESPONSIBILITY IS ORDERED BY THE ARBITRATOR, SIMPLISAFE WILL REIMBURSE YOUR
REASONABLE ATTORNEYS’ FEES AND COSTS UP TO A MAXIMUM OF $5,000, REGARDLESS OF WHO INITIATED THE ARBITRATION, UNLESS THE ARBITRATOR FINDS SOME OR ALL OF YOUR CLAIMS TO BE FRIVOLOUS OR TO HAVE BEEN BROUGHT IN BAD FAITH. IN ADDITION, IF THE ARBITRATOR RULES IN SIMPLISAFE’S FAVOR, IT WILL NOT SEEK REIMBURSEMENT OF OUR ATTORNEYS’ FEES AND COSTS, REGARDLESS OF WHO INITIATED THE ARBITRATION, UNLESS THE ARBITRATOR FINDS SOME OR ALL OF YOUR CLAIMS TO BE FRIVOLOUS OR TO HAVE BEEN BROUGHT IN BAD FAITH.
To help resolve any issues between us promptly and directly, you and SimpliSafe agree to begin any arbitration within one year after a claim arises; otherwise, the claim is waived.
It is important that you understand that by entering into this agreement, we are each waiving the right to a trial by jury or to participate in a class action against the other party for claims that are covered by this section. The arbitrator’s decision will be conclusive and binding and may be entered as a judgment in any court of competent jurisdiction.
15. Terms of the Agreement Control. You agree that your participation in the Program will be governed by our Terms of Service (available at www.simplisafe.com/terms-of-service) as well as the terms of this Agreement. You further acknowledge and agree that If there is a conflict between our Terms of Service and the terms provided herein, then the terms of this Agreement shall apply. Any changes made to the Terms of Service during your participation in this Test will also apply to your Services to the extent they are applicable.
16. Service Adjustments. We may from time to time make adjustments (e.g., software updates, camera resolution or image quality setting changes etc.) to the Features and/or Equipment for evaluation, testing, troubleshooting, and/or performance purposes. You hereby give us authorization to make such adjustments to the Features and/or Equipment at our sole discretion.
17. Amendments to the Agreement. We may amend this Agreement from time to time by sending a new version to you at the email address associated with your SimpliSafe account. Such amendment will become effective 15 days after such notice (unless you terminate this Agreement pursuant to Section 10, Termination, during such 15-day period). Your continued use of the Features after such a 15-day period will confirm your consent to such amendment. This Agreement may not be amended in any other way except through a written agreement by Authorized Representatives of each Party.
18. Miscellaneous. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement is governed by the laws of the Commonwealth of Massachusetts without regard to its rules concerning conflicts of laws. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. You agree that you may not assign this Agreement without the written consent of SimpliSafe. You agree and understand the use of the word “video” herein includes audio recordings since the videos being taken are both audio and visual recordings.
19. Term. The Term of this Agreement shall be eight (8) months beginning on January 31, 2023 and extending through September 30, 2023. You further agree that the Term of this Agreement can be extended up to another twelve (12) months beyond the initial expiration date of the Term of this Agreement at our discretion and without further consideration or compensation to you upon email notice to you via the email address provided from your account information.
During in-app activation of your battery operated indoor camera, by clicking the check box in the SimpliSafe app and then the "Continue" button, you are confirming you have read, understand and agree to this Agreement.