Mimo Baby Monitor Terms

Welcome to Mimo!

Rest Devices, Inc. (“Rest Devices”, “us”, “we”, or “our”) maintains the Mimo mobile application (the “Mimo App”) and the website mimobaby.com (the “Website”) subject to these Terms of Service. By using the Mimo App, the Website, its subdomains, and the other services and features made available through the Mimo App, the Website, and any related services including our servers and any other downloadable applications we make available to you from time to time (collectively with the Mimo App and the Website, the “Services”), you indicate your unconditional acceptance of these Terms of Service. Throughout these Terms of Service, “you” or “your” refers to a registered user of our Services or a member of the general public accessing or using any of our Services (each a “User”).

Please read these Terms of Service carefully, as they may have changed since your last visit. We reserve the right to change these Terms of Service from time to time for any reason, which we will do by posting the updated Terms of Service to the Mimo App, the Website or by other means we select to provide you with notice of updates. Any such changes will apply only to your use of the Services after the date of such change, unless you expressly accept retroactive application of such change, via a click-through or signed agreement or otherwise. Use of the Services are subject to these Terms of Service and the Rest Devices Privacy Policy[LINK] available on the Mimo App and the Website.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CREATE A BINDING CONTRACT BETWEEN YOU AND REST DEVICES. FURTHER, THESE TERMS OF SERVICE CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND REST DEVICES ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION (SEE SECTION 20 “AGREEMENT TO ARBITRATE”).

1. Introduction

The Services and related components provide a platform to help you monitor your baby remotely. The Services provide you information to help you track your baby’s sleep patterns, breathing, body position, temperature and other data collected through our biometric-sensor equipped body suits (commonly called onesies). Our body suits collect and communicate data through a device connected to the body suit, which we call a “Turtle”. Turtles communicate data via a low power Bluetooth connection to a base station, which we call a “Lilypad”, which also has a microphone. The Lilypad communicates biometric and audio data to our servers over the Internet via a WiFi connection to your router. We then present data to you on your mobile device via the Mimo App. The Mimo App enables parents to do three things: see their baby’s data in real-time; set alerts to let them know if anything changes; and view trend and analytics about their baby’s sleep over time. The Mimo App also enables you to configure your Turtles and Lilypads, and to enter information about your baby. We refer to the Services, the body suits, the Turtle(s), the Lilypad and related components provided by us as the “Mimo Baby Monitor System”.

2. Scope of Service

Rest Devices hereby grants to you, subject to the Terms of Service, a non-transferable (except as described below), non-sublicensable, non-exclusive, revocable, limited right to access and use the Services and Content (as defined below) solely for use with the other components of your Mimo Baby Monitor System (and any other uses provided for herein), and subject to the policies and restrictions that we post on the Services from time to time. You may transfer the foregoing license to another person, but only if you sell or otherwise transfer the Turtles and Lilypads associated with your account to that person. Other members of your family, babysitters or other caregivers, who you allow to use the Mimo Baby Monitor System may exercise your licensed rights on your behalf. The Mimo App and all other software included in the Mimo Baby Monitor System is licensed, not sold, and ownership of all intellectual property rights thereto remains with Rest Devices. You agree not to reverse engineer, decompile, decode, decrypt, disassemble, or otherwise attempt to obtain the source code for any such software, or to assist anyone else in doing so. Other than the express license grant we are providing here, we are not providing any license to our intellectual property.

You are responsible for obtaining any equipment, Internet and phone service necessary to access the Services and for paying any fees for the equipment and services you select. We may alter, suspend, or discontinue the Services in whole or in part, at any time and for any reason, without notice. You acknowledge that the Services are evolving and that the form and nature of our Services, including our mobile applications, may change from time to time without notice to you. The Services may also periodically become unavailable due to maintenance, because of issues with third party telecommunications providers or malfunction of computer equipment or for other reasons. We may provide access to third party services and products from time to time or to our own products or services.

3. Access and Use Terms

a. Registered Users

Some of our Services may be restricted to members only. In order to become a member, we may ask you to complete a registration form and create a user name and password (“Login Credentials”). During any such registration, you are required to give truthful contact information (such as name and email address) in accordance with these Terms of Service. You may need to register as a member in order to use the Mimo App and also to link Turtles and Lilypads to your account. You are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your Login Credentials have been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your Login Credentials. For your convenience as a Rest Devices member, all information that you provide to Rest Devices is subject to Rest Devices's Privacy Policy. You are responsible for keeping your registration information up to date through your account page, to the extent such feature is made available on the Services.

b. Social Network Login Credentials

The Services may enable you to connect to your Rest Devices account with your Facebook account, or other third-party social network service provider account information (“Third Party Social Networking Account”). By connecting to the Services with a Third Party Social Networking Account, you give us permission to access, store and use your information from such third party social network service provider including, but not limited to, your user ID, any information that you have permitted the third-party social network service provider to share with us, and any information you have made public in connection with that service. Information received by Rest Devices will be subject to our Privacy Policy, but Rest Devices is otherwise not responsible for the information that it receives from such third party social network service provider. Any such third party social network service provider accessed from the Services is independent from Rest Devices, and Rest Devices has no control over the terms or content of that website. Your use of any third party social network service provider is subject to its terms of service and privacy policy. We request that our users exercise caution and good judgment when using third party social network service providers. You should always review, and if necessary, adjust your privacy settings on social network service providers and other third party websites and services before linking or connecting them to the Service.

c. Profiles

As part of registering with our Services, you may provide information about yourself such as your name, age, gender, a short description about yourself, and other information. Rest Devices is not responsible for any personal information you choose to share within your profile, which may appear if you make any posts in our comments or forums portions of our Website or Mimo App.

d. Acknowledgement to Receive Email

As a registered member of the Services, you may receive emails from us from time to time regarding upcoming events, special promotions, and product and service offerings from us and our partners. We offer an opportunity to opt-out of certain communications on the Website, through the Mimo App, or you may contact us at privacy@mimobaby.com.

4. Third Party Links

External links on the Services may lead to other websites. We are not liable for the content, goods, services, advertising, or other materials found on these external sites.

Even if we refer to a third party or third party product or service, that does not mean that we approve or endorse that third party or that product or service. Likewise, a link (including without limitation external websites that are framed by the Services as well as any advertisements displayed in connection therewith) to any third party website does not imply that we endorse or accept any responsibility for the content or use of such a website.

5. Services Content

We do not currently sell products through the Services, but may do so in the future.

You agree that Rest Devices is not liable in any way for the accuracy, completeness, timeliness or correct sequencing of Content, or for any decision made or action taken by you relying upon the Content.

The term “Content” means all information, text, alerts, images, data, links, software, or other material accessible through the Services, whether created by us or provided by another person or User, for display through the Services, including biometric and audio data about your baby. Nothing contained on our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Services or any Content or trademarks displayed on our Services, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with our prior written permission or the permission of the third party that may own the trademark or copyright of material displayed on our Services.

The Content may contain typographical errors, other errors or inaccuracies. We reserve the right, but without obligation, to make changes to Content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.

You may view, copy, download, and print Content that is available to you through the Services, subject to the following conditions:

  • The Content may be used solely for internal informational purposes.
  • No part of the Services or Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose, except as may be available through the Services from time to time.
  • The Content may not be modified.

6. Content Submitted by Users

a. Accuracy

Users may use the Services without volunteering Personal Information (as defined in our Privacy Policy). Please refer to our Privacy Policy for additional information on our practices for handling Personal Information. However, if you choose to provide Personal Information to register for or participate in the Services, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.

b. Liability

We are not responsible or liable for the conduct of Users or for views, opinions and statements expressed in Content submitted for public display through our Services, such as through Public Areas (as defined below). We do not prescreen Content posted by you or other third parties to online discussion boards, blogs, forums, or other services that may be available through the Services from time to time that allow Users to communicate with other Users (each, a “Public Area”). Content submitted to Public Areas may be viewed by other users or the general public. We may decide in the future to add a feature to enable you to select the level of sharing of your Content with other Users in Public Areas. With respect to such Content in Public Areas, we are acting as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by Users through a Public Area are those of the respective User and not of Rest Devices. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content you submit to the Services is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to the Services.

Monitoring

We have the right, but not the obligation, to monitor Content submitted to the Services, either through our submission forms or through Public Areas, to determine compliance with these Terms of Service and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material, such as Content, submitted to or posted in any Public Area provided through our Services. Without limiting the foregoing, we have the right to remove any material that Rest Devices, in its sole discretion, finds to be in violation of these Terms of Service or otherwise objectionable, and you are solely responsible for the Content that you submit or post to our Services.

7. Prohibited Conduct

By accessing our Services or any Public Area, you agree that you will not disrupt or otherwise interfere in any way with any other User's use of the Services and to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Services to:

  • Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Rest Devices;
  • Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
  • Post Content which infringes another's copyright, trademark or trade secret;
  • Advertise or offer to sell any goods or services for any commercial purpose through the Service unless authorized by us in a separate agreement;
  • Post unsolicited advertising or unlawfully promote products or services;
  • Harass, threaten or intentionally embarrass or cause distress to another person or entity;
  • Impersonate another person;
  • Promote, solicit, or participate in any multi-level marketing or pyramid schemes;
  • Adapt, alter, license, sublicense or translate any of the Services for your own personal or commercial use;
  • Introduce viruses, worms, Trojan horses and/or harmful code in connection with the Services;
  • Obtain unauthorized access to any computer system through the Services;
  • Transfer your Rest Devices account and Login Credentials to another party without our consent;
  • Harvest or otherwise collect information about Users, including email addresses, without their consent;
  • Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 18 years of age);
  • Solicit personal information from children under 18 years of age;
  • Violate any federal, state, local, or international law or regulation; or
  • Encourage conduct that would constitute a criminal or civil offense.

While the above are an illustrative list of problematic types of conduct, Rest Devices reserves the right to remove or modify any Content at any time, for any reason, whether on the foregoing list or otherwise.

All submissions made to Public Areas will be public, and Rest Devices will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas.

8. Indemnification

By using the Services, you agree to indemnify and hold Rest Devices harmless and, at Rest Device’s option, defend Rest Devices, from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, that arises in connection with your use of the Services.

9. Compliance with Product Warnings and Instructions

When we sell our onesies, Turtles and Lilypads, we may include product warnings and instructions on the packaging, labels and documentation of the onesies, Turtles or Lilypads. AS A CONDITION TO RECEIVING SERVICES, YOU AGREE TO STRICTLY COMPLY WITH ALL PRODUCT WARNINGS AND INSTRUCTIONS ON THE PACKAGING, LABELS AND DOCUMENTATION OF THE ONESIES, TURTLES AND LILYPADS, AND ANY UPDATES THAT WE PROVIDE TO YOU VIA THE MIMO APP (OR VIA EMAIL IF YOU PROVIDE US WITH YOUR EMAIL ADDRESS). In addition, you agree to only use onesies, Turtles or Lilypads in a manner that complies with all applicable laws and regulations.

10. Minors

The Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use our Services only in conjunction with and under the supervision of a parent. In this case, the parent is responsible for any and all activities of the User in connection with our Services.

11. No Solicitation

Without limitation, the Service may not be used to solicit for any other business, website or service. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to the Service facilitated through Rest Devices.

12. Intellectual Property Rights

Unless otherwise noted, all Content available through the Services is the property of Rest Devices and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. The service marks and trademarks of Rest Devices, including without limitation Mimo and the Rest Devices logos, are owned by Rest Devices, Inc. Any other trademarks, service marks, logos and/or trade names appearing via the Services are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

13. Suggestions and Feedback

By posting Content or sending us any ideas, suggestions, documents or proposals (collectively, “Suggestions”), you represent and warrant to us that (i) your Content and Suggestions do not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Content or Suggestions. In addition, you agree that we may have something similar to the Content and Suggestions already under consideration or in development, and you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, transferable, sublicensable license to use, modify, prepare derivative works, publish, distribute and sublicense the Content and Suggestions, and you irrevocably waive against Rest Devices and its users any claims and assertions of any moral rights contained in such Content and Suggestions. Furthermore, by posting Content or Suggestions to any Public Area of the Services, you automatically grant Rest Devices all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of such Content or Suggestions on the Services by any party for any purpose.

14. Copyright Infringement; Notice and Take Down Procedures

In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is Rest Devices’s policy to respond to notices of any actual or alleged infringement that are reported to Rest Devices’s “Designated Copyright Agent” and that comply with the DMCA. If you believe that any material on our Services infringes your copyright, you may request that it be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the material is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our agent for copyright issues relating to our Services can be contacted at copyright@restdevices.com or at

Rest Devices, Inc.
ATTN: Copyright Agent
105 South Street
Boston, MA 02215

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of Users of the Services who are repeat infringers.

15. Disclaimer of Warranty

THE MIMO BABY MONITOr SYSTEM IS NOT A MEDICAL DEVICE, IS NEITHER REGULATED NOR APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION, AND IS NOT DESIGNED TO DETECT OR PREVENT CAUSES OF SUDDEN INFANT DEATH SYNDROME (SIDS). THE MIMO BABY MONITOR SYSTEM IS INTENDED TO HELP YOU MONITOR YOUR BABY AND IS NOT TO BE USED AS A SUBSTITUTE FOR PARENTING OR OTHER ADULT SUPERVISION. USE OF THE SERVICES AND ANY CONTENT IS ENTIRELY AT YOUR OWN RISK.

You acknowledge that the SERVICES, THE CONTENT, and ALL OTHER INFORMATION ON OR ACCESSIBLE FROM THE SERVICES ARE PROVIDED “AS IS” and are based in part on CONTENT provided by USERS, which are not verified by Rest Devices, and that any content acquired through the use of the SERVICES is at your sole risk and discretion. Rest Devices and its AFFILIATES AND LICENSORS are not liable or responsible for any INFORMATION OR DATA generated through the use of the SERVICES. WE PROVIDE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, AND WITHOUT LIMITATION, Rest Devices DOES NOT WARRANT THAT: (i) THE CONTENT AND INFORMATION AVAILABLE ON THE SERVICES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

16. Limitation of Liability

a. Disclaimer

IN NO EVENT SHALL Rest Devices BE LIABLE TO ANY USER OF THE SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY or other indirect DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE SERVICES, CONTENT OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF REST DEVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

b. Limitation

YOU AGREE THAT Rest Devices’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF SERVICE, THE SERVICES, OR THE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (I) THE AMOUNTS, IF ANY, YOU PAID TO Rest Devices FOR THE SERVICES IN THE THEN-PRIOR SIX MONTHS AND (II) $1.00.

c. Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

17. International

We make no representation that the Services are appropriate or available for use outside the United States. You should ensure that the Services comply with local laws and regulations prior to making use of the Services. Those who choose to access the Services from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws. By using the Services, you consent to having your Personal Information (as defined in our Privacy Policy posted on our Services) transferred to and processed in the United States.

18. Termination

We may terminate any User’s access to the Services, including access to any Public Areas, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate Users who violate these Terms of Service, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Services.

You may terminate your account at any time by indicating so on the Mimo App, our Website, or contacting us at support@mimobaby.com, and ceasing all use of the Services. Upon termination of a User’s account under these Terms of Service, all license rights granted by such User to Rest Devices shall survive termination. Even after your right to use the Services is terminated or suspended, these Terms of Service will remain enforceable against you.

19. Governing Law; Dispute Resolution

These Terms of Service shall be governed by the laws of the Commonwealth of Massachusetts, USA, excluding: its conflicts of laws principles that would result in the application of the law of any other jurisdiction; the United Nations Convention on Contracts for the International Sale of Goods; the 1974 Convention on the Limitation Period in the International Sale of Goods; and the Protocol amending the 1974 Convention, done at Vienna April 11, 1980.

20. Agreement to Arbitrate; Waiver of Class Action

Except if you opt-out or for disputes relating to your or Rest Devices's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents), you agree that all disputes between you and Rest Devices (whether or not such dispute involves a third party) arising out of or relating to these Terms of Service, the Services, and/or Privacy Policy shall be finally resolved by arbitration before a single arbitrator conducted in the English language in Boston, Massachusetts, U.S.A. under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and you and Rest Devices hereby expressly waive trial by jury. You and Rest Devices shall appoint as sole arbitrator a person mutually agreed by you and Rest Devices or, if you and Rest Devices cannot agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, either party may apply to any court having jurisdiction over the parties for a judicial acceptance of the award or order of enforcement or to seek injunctive relief, security or other equitable remedies. Under no circumstances shall the arbitrator be authorized to award damages, remedies or awards that conflict with these Terms of Service.

Any claim brought by you or Rest Devices must be brought in that parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither you nor Rest Devices will participate in a class action or class-wide arbitration for any claim covered by these Terms of Service. You hereby waive any and all rights to bring any claim related to these Terms of Service and Privacy Policy as a plaintiff or class member in any purported class or representative proceeding. You may bring claims only on your own behalf.

You may opt out of this Agreement To Arbitrate. If you do so, neither you nor Rest Devices can require the other to participate in an arbitration proceeding. To opt out, you must notify Rest Devices in writing within thirty (30) days after the date that you first became subject to this arbitration provision. The opt-out notice must state that you do not agree to the Agreement To Arbitrate and must include your name, address, phone number, and a clear statement that you want to opt out of this Agreement To Arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Agreement To Arbitrate. You must use this address to opt out:

Rest Devices, Inc.
ATTN: Arbitration Opt-out
105 South Street
Boston, MA 02215

If you opt out of this Agreement To Arbitrate, you and Rest Devices consent to the non-exclusive jurisdiction of the state and federal courts located in the Commonwealth of Massachusetts.

This Arbitration section will survive the termination of your relationship with Rest Devices.

21. Miscellaneous

You may not assign or transfer these Terms of Service in whole or in part to any third party without the consent of Rest Devices. These Terms of Service shall bind and inure to the benefit of the parties to these Terms of Service and their respective successors, permitted transferees, and permitted assigns. Rest Devices and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. These Terms of Service contain the entire understanding of the parties with respect to the transactions and matters contemplated hereby, supersede all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by Rest Devices, and cannot be amended except by a writing signed by both parties or by Rest Devices’s posting of an amended version of these Terms of Service. The headings and captions used in these Terms of Service are used for convenience only and are not to be considered in construing or interpreting these Terms of Service. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

22. For Additional Information

If you have any questions about these Terms of Service, please contact info@restdevices.com.

Mimo Baby Monitor Privacy Policy

Overview

Welcome to Mimo! Rest Devices, Inc. (“Rest Devices”, “us”, “we”, or “our”) maintains the Mimo mobile application (the “Mimo App”) and the website mimobaby.com (the “Website”). Rest Devices knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our Privacy Policy for the Website, the Mimo App, and any related websites and services that we control, such as our servers and any other downloadable applications we make available to you from time to time (collectively with the Mimo App and the Website, the “Services”). Capitalized terms used but not defined in this Privacy Policy have the meaning given in the Terms of Service. The Services provide a means for you to monitor your baby using a WiFi-enabled Lilypad and associated Turtles.

If you have questions or concerns regarding this Privacy Policy, you should contact us at privacy@mimobaby.com.

This Privacy Policy covers only information that is collected through the Services and does not cover any website to which we may link.

Notice of Information We Collect And How We Use It

Our primary purpose in collecting Personal Information (as defined below) is to provide you with a safe, smooth, efficient, and customized experience. This allows us to provide Services and features that most likely meet your needs, and to customize our Services to make your experience safer and easier. We only collect Personal Information about you that we consider necessary for achieving this purpose, although we may collect additional Personal Information if you decide to provide it to us. “Personal Information” means information that specifically identifies an individual (such as a name, address, telephone number, mobile number or e-mail address) or other information about that individual that is directly linked to Personal Information. Personal Information does not include “aggregate” information, which is data we collect about the use of our Services.

In general, you can use our Services without telling us who you are or revealing any Personal Information about yourself. You can choose not to provide us with certain information, but by doing so, you may not be able to take advantage of many of our Services’ features and functionality. We use Personal Information to deliver the Services to you, to improve our Services and to develop analytics and aggregated data that allows us and our affiliates to improve our Services. In order to make full use of our Services, you must first complete the registration form, create Login Credentials and configure your Lilypad(s) and Turtle(s). Once you give us your Personal Information, you are no longer anonymous to us.

In addition, we collect information related to your usage of our Services. When you have a configured Turtle attached to your child’s layette, the Turtle will collect certain biometric information, such as skin temperature, body position and breathing rate. A Lilypad can collect audio and ambient temperature information. We will not share that information with third parties, except for internet or telecommunications companies who we use to provide the Services. As one example, you can use our Services to receive a Mimo App alert regarding such information.

Information We Collect About Users of Our Services

We automatically track certain information based upon your use of our Services. We use this information to do internal research on our users’ demographics, interests, and behavior to better understand, protect and serve you and our community.

By using our Services, you indicate your consent for Rest Devices and our affiliates to send cookies to your computer or mobile device in order to uniquely identify your browser and improve the quality of our services; you may turn off cookies in your browser though, in doing so, some or all of our Services may not work. For a description of how cookies work, please see the section entitled “Cookies” below.

Log Files

Like many websites, we automatically gather certain information about our Website traffic and store it in log files. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We may use this information, which does not identify individual users, to analyze trends, to administer the Website, to track users’ movements around the Website and to gather demographic information about our user base.

We do not link this automatically collected data to Personal Information.

We use a third-party tracking service that uses log files and cookies, see below, to track non- Personal Information about visitors to the Website in the aggregate. This service captures usage and volume statistics to improve our Services.

Cookies

A cookie is a small text file that is stored on a user’s device for record-keeping purposes. We use cookies on this Website. As noted above, we do not link the information we store in cookies to any Personal Information you submit while on our Website. This Privacy Policy covers the use of cookies by the Website only.

We use both session ID and persistent cookies.

A session ID cookie expires when you close your browser. We use session cookies to make it easier for you to navigate our Website. We use cookies for managing your browser and mobile sessions for your convenience.

A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file.

We set a persistent cookie to store your password, so you do not have to enter it more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our Website.

If you reject cookies, you may still use our Website or other Services, but your ability to use some areas of our Website or some Services may be limited.

Clear Gifs (Web Beacons/Web Bugs)

We may employ a software technology called clear gifs, also referred to as web beacons or web bugs, that help manage content on the Website by tracking what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to our customers’ Personal Information.

We use clear gifs in our HTML-based emails to let us know which emails recipients have opened. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If you would like to opt-out of these emails, please see “Choice and Opt-out.”

We may use Embedded Scripts, which are programming code that collects information about your interactions with the Website, such as the links you click on. The code is temporarily downloaded onto your computer or other device from our server or a third party provider and is deactivated or deleted when you disconnect from the Website. In addition, we may use a variety of other technologies that collect similar information for security and fraud detection purposes.

You have the option to provide demographic information (such as income level and preferred language of communication) to us; we encourage you to submit this information so we can provide you a more personalized experience on our Website.

Mobile Use

If you use our Services on a mobile device, we may collect information from your device, including device ID, your mobile carrier, and your physical (GPS) location. We may store and use that information for security purposes (for example, for user verification). We may limit your ability to use a mobile device or the Mimo App to use within the same country as the associated Lilypads and Turtles, although, if legally permitted, we may also allow you to access Lilypads and Turtles from another country if you choose to do so. We do not share your location information with third parties. Depending on your device, you may turn off location services by going to your device settings.

Once you have established your account on your mobile device or computer, we collect information we receive from your mobile device or computer, such as your device’s type, number and the serial number of its chip.

Use of the Services on a mobile device or the Mimo App may allow your mobile carrier or other access provider to view data that appears on the device as a result.

Information We Collect To Respond To Your Choices and Requests

Registration

In order to use some features of our Services, you must first complete the registration form and create a user name and password. During registration, you are required to give truthful contact information (such as name and email address) in accordance with our Terms of Service. We use this information to contact you about our Services in which you have expressed interest. Your registration information will allow us to link your usage of the Mimo App to Turtles and Lilypads and allow you access to forums. We will use this information in order to provide our Services to you. We may also link your registration information to aggregate information about your usage of our Services, and we will use that information to understand how you use our Services and to improve our performance of Services to you.

Surveys, Contests or Promotions

We may provide you the opportunity to participate in surveys, contests or promotions through our Services. If you participate, we will request certain Personal Information from you. The requested information typically includes contact information (such as name and shipping address) and demographic information.

We use this information to notify contest winners and award prizes, to monitor website traffic, or to personalize our Services (in the case of anonymous information collected in surveys) and to send participants an email newsletter.

We may use a third party service provider to conduct these surveys, contests or promotions through our Services. If we use a third party to do so, a link to the third party’s privacy policy will appear in the window that opens for the survey, contest or promotion, and you are now subject to that third party’s privacy policy. If you have any questions or concerns regarding how such third parties use your information, please consult the applicable third party’s privacy policy. You agree that we will not be responsible or liable for any loss or damage incurred in connection with our affiliation with such third parties, their activities through our Services, and the sharing of your information with such third parties.

If you do not see a link to a privacy policy in a survey, contest or promotion window that pops up automatically or opens when you click on a link, or if you fill out a survey, contest or promotion form on our website that appears on a main page without a separate privacy policy link, our Privacy Policy applies.

Forums and Chat Rooms

If you choose to post messages in our forums and chat rooms or other public message areas, or leave feedback for other users, we will collect the information you post. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.

If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Website, we may collect such information into a file specific to you. We reserve the right to terminate the accounts of visitors who use these services in a manner inconsistent with the Terms of Service.

Communication from Us or the Website

Newsletters

If you wish to subscribe to our newsletter(s), we may use your name and email address to send a newsletter to you. Out of respect for your privacy, we provide you a way to unsubscribe. Please see the “Choice and Opt-out” section.

Service-Related Announcements

We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email.

Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.

Customer Service

Based upon the Personal Information you provide us, we will send you a welcoming email to verify your Login Credentials. We will communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes. You may contact customer service at support@mimobaby.com.

Profile

We may store information that we collect through cookies, log files, clear gifs, and/or third party sources to create a “profile” of your preferences. We do not tie your Personal Information, or your purchasing history, to information in the profile, in order to provide tailored promotions and marketing offers and to improve the content of the Website for you.

We share your profile with third parties in aggregate form only.

Enhancement of Profile Information

We may purchase marketing data from third parties and add it to our existing user database, to better target our advertising and to provide pertinent offers in which we think you would be interested. To enrich our profiles of individual customers, we tie this information to the Personal Information they have provided to us.

Conditions Under Which We Share Information

Aggregate Information (Non-Personally Identifiable)

We may share aggregated demographic information about our user base with our affiliates and business associates. This information does not identify individual users. While we do not currently use advertising to support our Services, we reserve the right to share aggregate information with advertisers or data brokers who may be interested in such data. If we do decide to use advertising to support our Services, we may share usage information of our Services with our advertising affiliates to help them target advertisements to appropriate users.

We do not link aggregate user data with Personal Information. Your contributions or notes to a module, forum or other service on the Website (“Contribution”) may also be aggregated and made publicly available. Your Contributions may be aggregated according to their registration and login status.

Personal Information

Some of our Services may include features that give you the option to share certain of your information with friends and other third parties. If you use such features, we will share such information with the persons you identify.

Except as discussed in this Privacy Policy, we do not share Personal Information with third parties.

Legal Disclaimer

We reserve the right to disclose your Personal Information as required by law and when we believe that disclosure is necessary to protect our rights; to comply with a judicial proceeding, court order, or legal process served on us or the Website; or in connection with an actual or proposed corporate transaction or insolvency proceeding involving all or part of the business or asset to which the information pertains.

Choice and Opt-In

We provide you the opportunity to ‘opt-out’ of having your Personal Information used for certain purposes, when we ask for this information.

If you no longer wish to receive our newsletter and promotional communications, if any, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at privacy@mimobaby.com. We offer an opportunity to opt-out of certain communications on the Website, through the Mimo App, or you may contact us at privacy@mimobaby.com.

You will be notified when your Personal Information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.

Links to Other Websites

The Website may contain links to other websites that are not owned or controlled by Rest Devices. Please be aware that we are not responsible for the privacy policies of such other websites.

We encourage you to be aware when you leave the Website and to read the privacy policies of each and every website that collects Personal Information.

This Privacy Policy applies only to information collected by our Services.

Access to Personal Information

If your Personal Information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by making the change on your member information page, to the extent such page is available on the Website, removing the Mimo App, or contacting us at support@mimobaby.com.

Please keep in mind that whenever you voluntarily make your Personal Information or other private information available for viewing by third parties online – for example on blogs, discussion forums, or other community posting or social networking websites – that information can be seen, collected and used by others besides us. We cannot be responsible for any unauthorized third-party use of such information.

Information Security

The security of your Personal Information is important to us. When you enter sensitive information on our registration forms, we encrypt that information using secure socket layer technology (SSL). We do not encrypt data transmitted from Turtles to Lilypads, from Lilypads to our servers, or between our servers and the Mimo App.

We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

If you have any questions about security on our Website, you can email us at privacy@mimobaby.com.

Children Under 18

Our Services are not directed to people under 18 years of age. If you become aware that your child has provided us with Personal Information without your consent, please contact us at privacy@mimobaby.com. We do not knowingly collect Personal Information from children under 18. If we become aware that a child under 18 has provided us with Personal Information, we take steps to remove that information and terminate the applicable account. We may allow a child under the age of 18, such as a babysitter, to use the Services, but if we do so, we will request that you do not provide us with any Personal Information for such individual, and that individual will be using our Services under your account.

Terms of Service

Please also visit our Terms of Service above establishing the use, disclaimers, and limitations of liability governing the use of our Services.

Your Consent

By using any of our Services, you consent to the current version of our Privacy Policy.

Changes to our Privacy Policy

If we decide to change our Privacy Policy, we will post changes to this Privacy Policy and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

We reserve the right to modify this Privacy Policy at any time, and such change will apply with respect to information you provide or your activity on the Website after the change in policy, so please review it frequently. If we make changes that materially affect our uses or disclosures of Personal Information that we have previously collected, we will contact you here, by email, or by means of a notice on our home page to obtain your consent to have the changes to our Privacy Policy apply retroactively.

Contact Us

If you have any questions or suggestions regarding our Privacy Policy, please contact us at: privacy@mimobaby.com.