Important Information About Your Booking
Before you book, please be aware of the following:
As part of a data collection partnership with Argus Systems, Inc., your BerryClean cleaner may arrive equipped with one or more recording or sensing devices, such as head-mounted cameras, wrist-worn cameras, robotic gripper devices, or other data capture equipment. The cleaner will use these devices to record video, capture sensor data, or otherwise collect content while performing cleaning tasks throughout your home during the appointment.
This recorded content will be used by Argus Systems, and may be licensed or sold to third parties, for technology research and development purposes, including the training of artificial intelligence models. In exchange, you will receive a discount on your cleaning service.
If you have any questions, please email hello@argus.systems.
To proceed, please enter your information and agree to the Location Release below.
Location Release Terms and Conditions
PLEASE READ THIS LOCATION RELEASE AGREEMENT (“RELEASE”) CAREFULLY. BY CLICKING ON THE “I ACCEPT” BUTTON OR OTHERWISE PROCEEDING WITH BOOKING AN APPOINTMENT, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS RELEASE; (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT; AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THIS RELEASE AS THE OWNER OR AUTHORIZED REPRESENTATIVE OF THE RESIDENCE WHERE THE APPOINTMENT WILL OCCUR. THIS RELEASE IS EFFECTIVE AS OF THE DATE THAT IT IS ACCEPTED.
This Location Release (“Release”) is entered into by and between you, the owner or authorized representative of the Property, who is listed in the booking appointment (“Owner”) and Argus Systems, Inc. (“Argus”) for Argus’s use of the property listed in the booking appointment (“Property”) in connection with Argus’ data collection program (“Program”), for good and valuable consideration, receipt of which Owner hereby acknowledges.
1. Use and Recording of Property. Owner grants to Argus and its employees, contractors, agents, successors, affiliates, licensees, sponsors, and assigns the right: (a) to allow BerryClean, Inc. employees or independent contractors engaged by Owner to provide cleaning services (“Cleaners”) to record, film, or otherwise capture content (“Content”) using devices owned or controlled by Cleaners (“Devices”) while performing such cleaning services for Owner at the Property, in connection with the Program and undertaking related activities; (b) to capture Content on and of the Property; and (c) irrevocably, to edit, perform and/or transmit such Content in all manners, formats and media now known or hereafter devised throughout the universe in perpetuity in such manner and to such extent as Argus may desire, whether or not in connection with the Program, including to transfer, license, and sell such Content to third parties. All rights of every kind in such Content in all manners, formats and media now known or hereafter devised (including without limitation all copyrights therein and all renewals, extensions and restorations of said copyrights) shall be solely owned throughout the universe in perpetuity by Argus. In the event Owner acquires any rights in or to the Content at any time, Owner hereby irrevocably and unconditionally assigns to Argus all right, title, and interest in and to such Content, including all copyright rights and other intellectual property rights thereto. The rights herein granted include without limitation the right to record all structures and signs located on the Property, and the right to record any and all activities, conduct, and conditions occurring or existing on the Property at such time that the Cleaners are providing services to Owner. Neither the Owner, nor any tenant, nor other party now or hereafter having an interest in the Property, shall have any right of action against Argus or any other party arising out of this Release, including any claim that the use is, or may be claimed to be, defamatory, untrue or censorable in nature.
2. Name and Likeness. Owner acknowledges and agrees that it is not the intent of the Program to capture personal data or Owner’s image or likeness (“Likeness”). However, to the extent Owner interacts with or is within the recording area of any Device when the Cleaners are capturing Content, Owner’s Likeness may be incidentally captured. It is the Owner’s responsibility to ensure that Owner is outside of the recording area of Devices if Owner does not want Owner’s Likeness to be captured by any Device. To the extent Owner’s Likeness is captured by any Device as part of Content, Owner hereby grants to Argus and its affiliates, and each of their respective direct and indirect successors, licensees, and assigns, the perpetual, irrevocable, worldwide, sublicensable and transferable, right to use Owner’s Likeness, as captured in the Content, in connection with the Content (and as incorporated into the Content), including in any product or service that features or includes any Content (or modification, enhancement, adaptation, or derivative work thereof), in whole or in part, in any and all media and by any and all technologies and means of delivery whether now or hereafter known or devised, without further consent from or any royalty, payment, or other compensation due to Owner. Owner acknowledges and agrees that the foregoing license includes the right to use Owner’s Likeness to train artificial intelligence algorithms and machine learning models.
3. Representations. The signatory below represents and warrants that Owner is the owner and/or authorized representative of the Property and that Owner has the authority to grant Argus the permission and rights herein granted, and that no one else’s permission is required. In the event of any action or claim arising out of or related to this Release, Owner specifically acknowledges that Owner shall not be entitled to equitable or injunctive relief, all of which Owner knowingly waives.
4. Consideration. In consideration of the rights granted and assignments made in this Release and subject to the terms and conditions of this Release, Owner acknowledges and agrees that Owner will receive a one-time discount of ten percent (10%) (or such other amount as mutually agreed to by the parties in writing) off the cleaning services charged by BerryClean, Inc. This will be the sole and exclusive compensation Owner will receive in exchange for the rights granted and assignments made in this Release, and Owner acknowledges the receipt and sufficiency of such consideration. In the event Owner: (a) relies (or attempts to rely), directly or indirectly, on the discount contemplated by this Release in an unauthorized, misleading or deceptive manner; (b) prevents the capture of Content as contemplated by this Release; and/or (c) materially breaches the terms or conditions of this Release in any manner, BerryClean, Inc. may immediately: (i) terminate or suspend its provision of cleaning services to Owner without any liability to Owner in connection with or as a result therefrom; and/or (ii) revoke Owner’s right to use the discount contemplated by this Release including, without limitation, any discount already applied to cleaning services received by Owner to date, for which Owner shall then promptly pay BerryClean, Inc. all amounts due and payable in connection with such cleaning services as though such discount had not applied. For clarity, the preceding sentence shall not be deemed to limit any other remedies available to Argus or BerryClean, Inc. at law or in equity.
5. Release. Owner understands that by signing this Release, Owner is waiving any and all claims, of any kind, against Argus, its affiliates, and its and their officers, directors, affiliates, employees, representative, licensees, successors, and assigns, arising out of or attributable to the Content or the Program or use of the Property, and/or any services provided by or on behalf of BerryClean, Inc. or its Cleaners, including those claims that may be unknown to Owner, or which Owner does not suspect to exist at this time. WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, OWNER HEREBY EXPRESSLY WAIVES ALL RIGHTS, BENEFITS, AND PROTECTIONS OWNER MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Owner acknowledges and agrees that Owner will look directly to BerryClean, Inc. for any claims Owner may have with respect to services provided by or on behalf of BerryClean, Inc. including as provided by the Cleaners.
6. General. This Release constitutes the sole and entire agreement of Argus and Owner with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is held invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. Owner may not assign or transfer this Release without the written consent of Argus. This Release is binding on and shall inure to the benefit of Argus and Owner and their respective heirs, successors, and assigns. All matters arising out of or relating to this Release will be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
