This SimpliSafe Video Collection Agreement (the “Agreement”) is made as of the date of execution below (“Effective Date”) by and between SimpliSafe, Inc., a Delaware corporation that maintains a corporate office located at 294 Washington Street, Floor 9, Boston, MA 02108 (“SimpliSafe”, “we”, “us” or “our”) and the undersigned individual (“you” or “your”).

WHEREAS, you have been identified as a provider of videos for testing and developing a new product feature for SimpliSafe for a new project in which we are seeking video (including audio) footage from one or more outdoor video cameras (“Camera” or “Cameras”) at your home. The product features being developed and tested includes artificial intelligence, algorithm, modeling, and machine learning services to generate a variety of video data, Artificial Intelligence (“AI”) and Machine Learning (“ML”) data, and outdoor video samples are needed to aid in the development of creating smarter product features and services for future SimpliSafe product offerings (all of the foregoing collectively referred to as the “Program”); and

WHEREAS, you agree to participate in this Program subject to the terms of this Agreement during the Collection Period which shall extend for up to one year from the date which you sign this Agreement, subject to extension upon written agreement, or upon your termination of this Agreement pursuant to the procedures in Section 7, or upon SimpliSafe’s sooner notice to conclude the evaluation (“Collection Period”).

NOW THEREFORE, for good and valuable consideration of being granted advance access to the beta feature when it is launched in exchange for the Program participation, including feedback and uploading of five (5) or more videos, the receipt and adequacy of which hereby is acknowledged, the parties hereto agree as follows:

Video Camera / Collection.  By participating in the Program, you will use your existing Cameras that will be used during the Collection Period in accordance with the terms of this Agreement.  The Cameras will collect videos of occupants, strangers, and guests (which may include, without limitation, postal workers, delivery persons, friends, family members, and unknown individuals). The Cameras will also collect videos of objects (e.g., packages) delivered to your home and other objects (e.g., animals, pets, automobiles, etc.) that enter your property.

The positioning of the cameras will be important for the purposes of both capturing desired video content and also potentially complying with various privacy regulations and laws.  As such, we request, and by signing this Agreement you understand and agree, that you will not attempt to use a Camera beyond the scope of your property. SimpliSafe disclaims any and all liability arising out of or connected with the scope and setup of your Camera and you agree that any claim, damage, or issue arising therefrom is between you and the claimant and you agree not to pursue SimpliSafe for any such damage, claim, or other liability.

You understand and agree that, at all times, rights in and title to the videos being collected in connection with the Program and as part of the Program remain with SimpliSafe and no ownership of the videos collected by the Camera, is being transferred to you.

You also agree as part of your participation in the Program to respond to surveys, complete feedback prompts, or participate in forums about the Program. SimpliSafe shall own all rights, title, and interest in and to any feedback or information you provide and shall have the right to use such information or feedback without further restriction or obligation.

Video Processing. Events will be saved on the cloud from the Camera. You may be asked to upload relevant videos for the Program to a cloud-based file share site, such as Dropbox, and you agree to upload relevant videos to such site as requested. SimpliSafe employees managing the Program will provide guidance on which videos are relevant and you agree to pull and upload the videos which match the relevant parameters provided by those managing the Program to Dropbox. Any terms and conditions related to the website tool are between you and the company who owns the application, Dropbox, Inc. (“Dropbox”). SimpliSafe makes no representations or warranties about the Dropbox application or software, including that SimpliSafe makes no representations or warranties about its safety or security. Any claim, dispute, or injury resulting from use of the Dropbox application shall be between you and Dropbox and you agree to pursue any such claims, injuries, or disputes against Dropbox and not against SimpliSafe. Uploaded videos will be extracted periodically by a SimpliSafe employee.  Once extracted, the videos will be stored in one or more cloud locations, including Dropbox. The videos may be shared with one or more external vendors, including vendors and SimpliSafe software in development with AI/ML or similar capabilities and functionality which may be applied to the videos, for the purpose of analyzing the videos for tagging (i.e., indicating which types of objects (person, package, animal, etc.) are present in each video). The tagged videos will subsequently be used for training and testing different logic, AI, ML, or computer vision (CV) models and approaches that SimpliSafe may use in future products. Synthetic data may also be generated based off of these videos and tools. The recipient vendors will be bound by Data Processing Agreements or Data Use Agreements, as appropriate for and commensurate with the relationship with the particular vendor.

AI/ML Capabilities. The video data will be processed by SimpliSafe’s and/or third-party vendors’ AI and ML software. The initial processing will determine things such as whether a package has been delivered or package detection, the presence of delivery vehicles, and people holding packages. You consent to the collection and use of such data for the purposes set forth in this Agreement. You also acknowledge and agree that the Cameras will only be used at your property and that the property is in the United States.

Confidentiality Obligations.  As the data collection and video processing performed under this Agreement relates to confidential product developments projects, you may not share any details of the Program, including this testing or collection, with anyone outside of those at SimpliSafe. You may also share these details with those individuals who live with you, but you must take reasonable measures to ensure they comply with the terms of this Agreement. You may also not post any pictures or other information about the Program or this collection with anyone else on social media or any other medium. Further, you may not share or post any videos that are part of the Program recorded on the Camera to third parties or social media.

“Confidential Information” includes, but is not limited to: the nature of this video collection and testing, the details of the Program, the terms of this Agreement and data processing described herein, 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 video collection project (this includes, without limitation, on any social media platforms).

SimpliSafe Ownership of Video / License Grant to SimpliSafe to Use Video. You understand and hereby agree that SimpliSafe shall be the sole owner of any videos and/or audio collected by the Camera and uploaded by you under the Program. However, to the extent you would be deemed the owner or any videos or audio, 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, sell, create derivative works from, use for any research, development, testing and analytical purposes, including AI/ML purposes, and otherwise exploit such any video or audio collected or provided in association with this Program for any lawful purpose and in any media formats in any media channels without any additional compensation to you, including after the Collection Period concludes. For the avoidance of doubt, such permitted and licensed uses include, without limitation, any tagging/processing for AI//ML/CV model generation,  and/or data analysis and through any manner, medium or format, electronic or otherwise, either directly or using one or more third party vendors. You further agree that any shared video or audio content that you provide to SimpliSafe under this prototype test program will be subject to the SimpliSafe Terms, Consent & Release for Video Sharing Non-Crime Related Videos (https://simplisafe.com/legal/video_sharing/non_crime).

Personal Data. Your image/likeness, as well as any personal property, such as name tags, spoken identifying information, labels, automobiles, license plates, address signs, etc., will be captured and retained in the videos and audio you upload and by participating in this Program, you are hereby consenting to SimpliSafe’s collection, distribution, sharing, and processing of such video and audio data in accordance with the terms of this Agreement. To the extent that the collected videos include any images of you, or other information that could be considered personal data, such as an account or identification number, you hereby grant SimpliSafe permission and license to process the data in the manners described herein, either directly by SimpliSafe or using third party vendors. Specifically as to SimpliSafe’s and/or third party vendors’ software, in addition to what is set forth in this Agreement for processing activities, you explicitly consent to and agree that SimpliSafe and/or third party vendors may perform AI/ML/CV model generation on the images captured in the video data. Further, you are hereby agreeing and consenting to the collection and processing described herein on behalf of any minor children or other adults residing at or routinely present at your home.  To the extent there are other cohabitants in your home, you agree to ensure that all such cohabitants understand that these videos and audio are being collected and confirm they understand and agree to the terms of this Agreement and consent to such data collection, storage, and use.  As such, by signing this Agreement, you are signing on behalf of other cohabitants. Further, you understand and agree that the collected videos, audio, and data contained therein may be included in one or more AI, ML, or 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, ML, or CV models.

Voluntary Participation.  Your participation in this video collection program is strictly voluntary and is in no way a condition of your employment. Should you desire to leave the Program at any time, you may send seven days’ advance written notice to legal@simplisafe.com requesting for your participation in the Program to cease. Upon the termination of your participation in the Program, SimpliSafe and/or the third party installer may remove any services that were part of the Program.

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. Use of the products, services, and features under this Program will at all times be subject to the SimpliSafe Terms of Service (http://simplisafe.com/terms-of-service) which are deemed accepted by your use of the product in this Program. Use of the information you provide during the private beta testing will be subject to the SimpliSafe Terms of Use (https://simplisafe.com/terms-of-use) and the SimpliSafe Privacy Policy (https://simplisafe.com/privacy). To the extent this Agreement conflicts with any of the foregoing, this Agreement shall govern and control. 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.