Beta User Field Trial Consent

Effective May 6th, 2022

Beta User Field Trial Consent Form

Please read the entire form before agreeing

Thank you for volunteering to participate as a Beta User to test the new HomeAware sensor and App (“the Goods”), powered by Ubiety Technologies, Inc. (“we,” “us,” and “our”). Your participation in this field trial will allow us to test and make improvements to the Goods before they become available to the general public. Your participation in this program is governed by: (1) this Consent Form; (2) the HomeAware Beta User Terms of Use and Service; and (3) the HomeAware Beta User Privacy Policy. By participating in the HomeAware Beta User Program, you acknowledge that you agree with the conditions outlined in all of these documents. We want to emphasize that participation in the Beta User Program includes:

  • NO WARRANTIES: We make no warranties (express, statutory or implied), on the Goods or use of the Goods, which are in an early stage of development and experimental. This disclaimer of warranties includes, but is not limited to, any warranty of merchantability, fitness for a particular purpose, title, accuracy of data, or infringement of intellectual property rights of a third party. In short – you understand that the Goods are being offered to you in advance of their commercial release solely to allow us to test the Goods, that they may not function as expected, and you should not rely on the Goods for any purpose.
  • LIMITATION OF LIABILITY: We and our employees, officers, representatives, service providers, suppliers, licensors, and agents are not liable under any circumstances for any direct, special, indirect, incidental, special, exemplary, punitive, consequential or any other type of damages arising from or in any way connected with or related to your use of the Goods or inability to use the Goods. This includes actions in contract, tort, or otherwise. Your sole remedy for dissatisfaction with the Goods is to stop using the Goods.
  • INDEMNIFICATION: To the extent permitted by law, you agree to indemnify, defend and hold harmless Ubiety Technologies, Inc. and its service providers, licensors and suppliers, and each of their respective subsidiaries, affiliates, officers, agents, and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, made by any third party due to or arising out of all claims, actions, lawsuits and any other legal action brought by any third party arising from or relating to your use of the Goods.
  • OWNERSHIP OF GOODS: You understand that we have provided you access to the Goods only for the purpose of this field trial, which you agree will take place solely in your home at the address you have given us. You retain no ownership interest in the Goods, and will return them at the conclusion of the field trial if asked to do so. You will not modify, make derivative works of, disassemble, reverse-compile or reverse-engineer, or otherwise tamper with the Goods. You shall notify us immediately if the Goods are stolen or otherwise used in an unauthorized manner. We reserve all rights at law and equity to proceed against anyone who uses the Goods illegally or improperly or otherwise violates our intellectual property rights. The copyrights, trade secrets, intellectual property, and all other rights, titles, and interests in the Goods at all times remain the exclusive property of Ubiety Technologies, Inc.
  • LEGALITY: You are responsible for ensuring that you comply with any applicable laws when you use the Goods, including but not limited to any laws requiring notice to third parties, or informed consent of third parties with respect to your use of the Goods.
  • NO AGENCY: Nothing in this agreement shall be construed to create a partnership, joint venture, agency, or employment relationship between you and Ubiety Technologies, Inc.
  • PRIVACY PRACTICES: You understand that we will use the information that we collect from your use of the Goods as part of our research and development process, and in other ways that benefit us. Your Privacy Rights are outlined in the HomeAware Beta User Privacy Policy.
  • RIGHT TO TERMINATE: You understand that participation as a Beta User is optional and you have the right to withdraw from this field trial at any time, and for any purpose, without penalty. Similarly, we have the right to terminate the Beta User Program at any time, in our sole discretion.