Goosery Early Access Agreement

This agreement is between you and Goosery Company, a Delaware corporation (“we” or “us”). It covers early access: using a test version of the Goosery iPhone app, and the Goosery service behind it, before Goosery opens. Goosery “opens” on the day the app is available to everyone on the App Store, as our Privacy Policy says.

You accept this agreement by ticking the two boxes in the app and tapping Continue, before you use the test version (section 13). If you don't accept it, don't use the test version.

Read sections 8 and 9 closely. They take away rights you would otherwise have.

Early access is by invitation. To join, you must:

• be 18 or older;
• live in the United States;
• be a parent, a parent-to-be, or another adult who cares for a baby in your home; and
• have received an invitation from us, through TestFlight, in your own name.

Your invitation is for you. Don't pass it on, and don't let anyone else accept this agreement for you.

When you accept this agreement, we give you a Goosery account with the full plan turned on: every feature in the test version, with nothing held back for purchase, for every baby you add during early access. You don't pay for it, and you don't buy anything in the app to get it.

Each baby you add during early access keeps the full plan when Goosery opens. That baby gets exactly what a parent who buys the full plan gets for a baby: every paid feature, for as long as a bought plan lasts, which is through the end of the toddler stage. The carry-over has no deadline of its own. The plan stays with your account on the same terms as a plan someone bought, under our Terms of Use. A baby you add after Goosery opens needs the ordinary purchase.

You get the account and the plan when you accept this agreement. They aren't payment for feedback, and they don't depend on whether you ever send us any (section 4).

Early access lasts until Goosery opens, unless it ends sooner under section 10. Apple limits how long each test build works, so we send new builds through TestFlight, and you may need to update the app to keep using it. When early access ends, we tell you in the app or by email.

Your feedback

We'd like you to tell us what works and what doesn't: what breaks, what looks wrong, and what confuses you. Telling us is up to you, and nothing in this agreement depends on it. You can use the feedback button in TestFlight, which sends your comments and any screenshot to Apple and to us, or email us at info@getgoosery.com. We may ask you questions by email or in the app. Answering is up to you too.

You keep ownership of your feedback. You give us a non-exclusive, worldwide, royalty-free licence to use, copy, change and build on the words and ideas in it, for any purpose, without paying you. The licence lasts forever and you can't take it back. It doesn't cover any image of your home or of a person, or your baby's date or stage: we handle those only as our Privacy Policy says. We don't publish your feedback with your name unless you agree.

Leave other people's personal information out of your feedback. Don't send a screenshot that shows a photograph of your rooms, a person, a document, or your baby's date or stage. If one reaches us, we delete that feedback, the words and the image, within 15 days, wherever we can reach it: in App Store Connect, where Apple shows us TestFlight feedback, in our email, and on our own computers. Before we delete it, we may copy your written comment, without the image, into our own notes. Apple keeps its own copy under its own terms, and deleting the feedback in App Store Connect may not delete Apple's.

Keeping the test version private

Don't share screenshots, screen recordings or copies of the test version's screens or content with anyone outside your household, except in a review of Goosery, until we make that screen or content public. This lasts until then, or until one year after your early access ends, whichever comes first.

This doesn't stop you from:

• reviewing Goosery, in private or in public, and saying what you think of it and how it worked for you, with screenshots or screen recordings of the test version if you want;
• talking with your pediatrician, a childproofer or anyone else about your home and your child;
• reporting a concern to a government agency; or
• saying that you test Goosery.

Apple's TestFlight terms also ask you to keep the test version confidential. For those terms, this section is our permission to share what it lets you share.

Goosery is under development. What you use during early access is a test version. It is not finished, and it can be wrong. In particular, the test version may:

• miss a hazard in a room, including a serious one;
• list a hazard that isn't there, or give the wrong fix;
• raise an item later than your baby's stage calls for, or leave it off your to-do list;
• change, drop features, or look different from one build to the next; and
• stop working, be unavailable, or lose your answers, your photographs or your plan.

We change the test version often, and a new build can have mistakes the one before it didn't have. Every screen of the app shows a narrow “Test version” line at the bottom, so you can tell a test build from the one on the App Store.

Everything section 4 of our Terms of Use says Goosery is not, the test version is not either. It is not medical advice, a professional service, a certification or a medical device. It does not replace supervising your child, and it does not find every hazard. A room with no items left on its to-do list may still have hazards in it.

We handle your photographs only as our Privacy Policy says. This agreement adds nothing to what we may do with them.

Keeping them is a separate choice, and never a condition of early access. During early access the app asks whether we may keep your photographs to improve how Goosery finds hazards. That question has its own screen, and this agreement doesn't answer it for you: ticking the boxes for this agreement is not a yes. If you say no, your early access stays the same, with the full plan, free, and every feature. You can change your answer in Settings at any time.

Photograph only a home you live in, or one whose owner and residents have told you that you may photograph it. Before you photograph a room, make sure the other adults who live there know you're using Goosery and agree to you photographing it. If you let us keep your photographs, make sure they agree to that too. Photograph the room, not the people in it. By accepting this agreement, you confirm you will do all of this.

Use Goosery as an extra check, never in place of anything you would do without it. While you use the test version:

• childproof your home yourself, as you would without Goosery;
• supervise your child;
• check your home by hand, including everything Goosery lists for you to check by hand and everything it doesn't mention;
• follow your pediatrician's advice, and the instructions that come with every product you buy or fit; and
• call a professional childproofer or installer when you need one.

Don't decide that a room, a product or your home needs no attention because the test version shows nothing for it.

You are not relying on any statement about the test version that isn't written in this agreement, our Terms of Use or our Privacy Policy.

YOU UNDERSTAND THAT THE TEST VERSION MAY MISS A HAZARD, INCLUDING A SERIOUS ONE; MAY SHOW A HAZARD THAT IS NOT THERE, OR THE WRONG FIX; MAY RAISE AN ITEM LATE OR LEAVE IT OUT; AND MAY STOP WORKING OR LOSE YOUR PLAN. YOU UNDERSTAND THAT IF YOU, OR ANYONE IN YOUR HOME, RELIES ON THE TEST VERSION IN PLACE OF CHECKING, SUPERVISING OR ASKING A PROFESSIONAL, A HAZARD MAY BE LEFT IN PLACE AND SOMEONE, INCLUDING YOUR CHILD, MAY BE HURT OR KILLED. YOU CHOOSE TO USE THE TEST VERSION KNOWING THESE RISKS, AND YOU ACCEPT THEM FOR YOURSELF.

This section is about your own risks. It does not make your child accept anything.

IN EXCHANGE FOR THE GOOSERY ACCOUNT AND THE FULL PLAN WE GIVE YOU WHEN YOU ACCEPT THIS AGREEMENT (SECTION 3), AND TO THE FULLEST EXTENT THE LAW ALLOWS, YOU RELEASE GOOSERY COMPANY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS AND ASSIGNS FROM EVERY CLAIM ARISING OUT OF OR RELATING TO YOUR USE OF THE TEST VERSION, INCLUDING ANY CLAIM THAT IT MISSED A HAZARD, LISTED A HAZARD OR A FIX WRONGLY, RAISED AN ITEM LATE, WAS UNAVAILABLE, OR LOST YOUR INFORMATION. THIS RELEASE COVERS YOUR CLAIMS FOR INJURY TO OR DEATH OF ANY PERSON, INCLUDING YOUR CHILD, AND FOR DAMAGE TO PROPERTY, AND IT APPLIES EVEN IF THE CLAIM ARISES FROM OUR OWN NEGLIGENCE.

YOUR CLAIMS INCLUDE CLAIMS FOR YOUR CHILD'S MEDICAL EXPENSES, FOR THE LOSS OF YOUR CHILD'S SERVICES, AND FOR YOUR CHILD'S DEATH. THIS SECTION ALSO COVERS ANY CLAIM YOU COULD BRING ON YOUR CHILD'S BEHALF, BUT ONLY IF, AND ONLY TO THE EXTENT THAT, THE LAW LETS A PARENT GIVE UP A CHILD'S CLAIM IN ADVANCE.

THIS SECTION BINDS YOU, THE PERSON WHO ACCEPTS THIS AGREEMENT. IT DOES NOT BIND ANOTHER ADULT WHO HAS NOT ACCEPTED IT, INCLUDING YOUR CHILD'S OTHER PARENT.

YOU PROMISE NOT TO SUE GOOSERY COMPANY, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS OR ASSIGNS, ON ANY CLAIM THIS SECTION RELEASES. THIS PROMISE CAN BE USED ONLY AS A DEFENCE TO SUCH A CLAIM. IT NEVER MAKES YOU PAY US ANYTHING, INCLUDING OUR COSTS OR LAWYERS' FEES, WHETHER YOU, YOUR CHILD OR ANYONE ELSE BRINGS THE CLAIM.

THIS SECTION DOES NOT RELEASE, AND YOU DO NOT PROMISE NOT TO SUE ON: (A) GROSS NEGLIGENCE OR WILFUL MISCONDUCT; (B) A CLAIM THAT WE BROKE OUR PRIVACY POLICY OR ONE OF OUR CONSUMER HEALTH DATA PRIVACY POLICIES; OR (C) ANY CLAIM THE LAW DOES NOT ALLOW TO BE RELEASED IN ADVANCE. SECTION 13 OF OUR TERMS OF USE DOES NOT LIMIT A CLAIM IN (A). IT LIMITS A CLAIM IN (B) OR (C) AS IT LIMITS ANY OTHER CLAIM, AND ONLY WHERE THE LAW ALLOWS.

In plain words

If something goes wrong while you use the test version, you agree not to sue us for it, even if we were careless. That includes a missed hazard, and it includes your child being hurt or killed. You can still sue us for gross negligence or wilful misconduct, for breaking our privacy policies, and for anything the law doesn't let you give up.

Your child's own claims are different. The law may not let a parent give up a child's claim in advance. If it doesn't, this section doesn't take your child's claims away, and it still covers your own.

This section binds you. It doesn't bind another adult who hasn't accepted this agreement, such as your child's other parent. Your promise not to sue can only be used against a claim this section releases. You never have to pay us anything because of a claim you, your child or anyone else brings.

Section 13 of our Terms of Use limits what we owe you on any claim to what you paid for Goosery in the 12 months before the injury or loss. You pay nothing during early access, so that limit is zero. It doesn't apply to gross negligence or wilful misconduct, or where the law doesn't let a contract limit what we owe. It does apply to a claim that we broke our privacy policies: this agreement doesn't release that claim, and section 13 limits the money it can recover wherever the law allows.

Section 14 of the Terms of Use gives you one year to bring a claim of your own. It covers your own claims, not your child's, and the law gives a child more time.

You can leave early access at any time. Deleting the app from your phone ends your early access but doesn't delete your account. To delete your account, use Settings in the app, or email us at info@getgoosery.com. If you let us keep your photographs, deleting your account in the app keeps them unless you tick the box to delete them too; if you ask us by email instead, we delete them with your account. Deleting your account doesn't delete what TestFlight sent us, such as your feedback and crash reports. Email us to have your feedback deleted. Our Privacy Policy says what we delete and when.

We can end your early access, or early access for everyone, at any time and for any reason, including if you break this agreement. We tell you in the app or by email when we do. Ending early access doesn't by itself delete your account, and it doesn't take away the full plan section 3 gives the babies you added.

Sections 3 (the full plan for the babies you added), 4 (for as long as it says), 5, 6, 7, 8, 9, 11, 12, 13 and 14 continue after early access ends.

This agreement adds to our Terms of Use and doesn't replace them. If the two conflict, this agreement controls for your use of the test version, to the extent the law allows. The Terms of Use say the same.

It changes nothing in our Privacy Policy, our Consumer Health Data Privacy Policy or our Nevada Consumer Health Data Privacy Policy, and nothing in it reduces what they promise you. If this agreement and one of those policies seem to conflict, the policy controls.

Apple's TestFlight Terms of Service also apply to the test version you install. Apart from the permission in section 4, nothing in this agreement reduces any protection those terms give Goosery Company. Apple is not a party to this agreement.

Nothing in this agreement takes away a right that the law of the state where you live doesn't let a contract take away. If a court finds any part of this agreement unenforceable, including the part of section 9 about your child's claims, that part is limited or removed as little as necessary, and the rest stays in force.

Section 16 of our Terms of Use applies to this agreement. The laws of the State of Georgia govern it and any dispute about early access, and disputes go to the state or federal courts in Fulton County, Georgia, or to a small claims court, as that section describes.

Before you use the test version for the first time, the app shows a summary of this agreement, a link to it, and two boxes. The first, under the summary of sections 8 and 9, reads “I have read sections 8 and 9. I accept the risks and give up the claims they describe.” The second reads “I agree to the Goosery Early Access Agreement”. Both start unticked, and the app doesn't go on until you tick both and tap Continue.

Ticking both boxes and tapping Continue is your electronic signature. It has the same effect as signing this agreement on paper. The app records when you did it and which version you accepted, identified by the effective date at the top of this page, and we keep that record with your account.

This agreement stays on this page, and you can read it at any time. Email us and we send you a copy. When we change it, the version you accepted stays online at its own address, this page's address followed by its effective date, and we send you that version too if you ask.

If we change this agreement, the app asks you to accept the new version before you go on using the test version. A change doesn't apply to a claim that arose before it.

Questions about early access go to Goosery Company at info@getgoosery.com.