Welcome to Protect. Our goal is to help you stay safe in critical moments by empowering you to immediately notify friends and family and connect with them using live video and audio from the scene. Your friends and family can lean-in with video and audio interaction and you are also able to escalate and connect with emergency responders and provide AI tagged images to improve the efficiency and speed of response. To that end, we constantly strive to provide users with tools that enhance their safety and help them resolve unsafe situations.

These Terms of Use, along with any other supplemental terms that may be presented to you for your review and acceptance (collectively, the “Terms”), are between you and Endless Technologies LTD.. These Terms govern your access to and use of Endless Technologies LTD. “Protect” service(s) (by whatever name such service(s) may be known), including Endless Technologies LTD. “Protect” mobile application (“App”), the Protect Premium features included therein (the “Premium Services”), and any videos, audio transmissions, information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services, you agree to be bound by these Terms.

PLEASE BE AWARE THAT SECTION 1(D) OF THE TERMS CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING, AS APPLICABLE, VIA EMAIL, TEXT MESSAGE, CALLS, AND PUSH NOTIFICATIONS.

WHEN USING THE PREMIUM SERVICES, ALL CALLS, VIDEO CALLS, AND OTHER COMMUNICATIONS WITH A PROTECT AGENT MAY BE RECORDED AND MONITORED BY ENDLESS TECHNOLOGIES LTD. FOR QUALITY ASSURANCE, ARCHIVAL PURPOSES,TRAINING AND YOUR SAFETY. YOU HEREBY CONSENT TO SUCH RECORDING AND MONITORING.

THESE TERMS WILL APPLY DURING YOUR USE OF THE SERVICES. IF YOU SUBSCRIBE TO THE PREMIUM SERVICES FOR A DEFINED TERM (THE “INITIAL TERM”), THE TERMS WILL BE AUTOMATICALLY RENEWED FOR RENEWAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM UNLESS YOU OPT OUT OF THE AUTO RENEWAL IN ACCORDANCE WITH SECTION 7(B) (AUTOMATIC RENEWAL FOR PREMIUM SERVICES) BELOW. ANY RENEWAL TERMS SHALL BE BILLED AT ENDLESS TECHNOLOGIES LTD. THEN-CURRENT RATES.

1. BASIC TERMS AND RISK ASSUMPTION

A. Risks and User Conduct

You may use the Services only if you are at least 13 years of age and of sound mind, you can form a binding contract with Endless Technologies Ltd., and you are not a person barred from receiving or using Services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. If you are accepting this user agreement for a minor you are agreeing to make all reasonable effort to have the usage of the system in compliance with the terms and conditions.

B. Changes to Services or Terms

The Services that Endless Technologies provides are always evolving, and the form and nature of the Services may change from time to time without prior notice to you. In addition, Endless Technologies Ltd. may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. You may need to update third-party software from time to time in order to use the Services. Endless Technologies Ltd. also retains the right to create limits on use of the Services and/or Content at Endless Technologies Ltd. sole discretion at any time without prior notice to you.

From time to time, we may make changes to these Terms. They will be effective after posting notice of such changes on the Protect website (www.meetprotect.com) (the “Website”) and/or within the App. The most current version of the Terms will always be available on the Website. If you do not agree to any change(s) after reviewing such change(s), stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s).

C. Service Features and Protect Advertisements

To use the Services effectively, you must enable your mobile device as follows: to receive push notifications from the App; to permit the App to access both the camera and microphone for your device (at your election); and to permit the App to access your location (even in the background; i.e., when the App is not open on your device). (For example, the Services are designed to deliver push notifications to users and share each participant's locations during a critical incident.) If you do not enable your mobile device accordingly (including enabling any additional features or functions that Endless Technologies Ltd. elects to make mandatory for use of the App), the App will not function effectively on your device.

You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile device that is suitable to connect with and use the App. You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing the Service.

The Services may include advertisements for Protect’s own products and services, which may be targeted to the Content, your location, your use of the Services, information regarding the Services, queries made through the Services, or other information. The types and extent of such advertising are subject to change. In consideration for Endless Technologies Ltd. granting you access to and use of the Services, you agree that Endless Technologies may place such advertising on the Services or in connection with the display of Content or information from the Services, whether submitted by you or others. To stop getting communications from Protect you would need to logout from your account and uninstall the Protect application.

D. Endless Technologies Ltd. Communications

As part of the sign-up process for one or more of the Services, we may send you, and you agree to receive, a one-off text message containing a designated short code. If you are experiencing issues with the messaging program, you can contact support and get help directly at support@meetprotect.com. Endless Technologies LTD. is not liable for delayed or undelivered messages. Message and data rates may apply for any messages sent to you from us and to us from you. Message frequency from us may vary. If you have any questions about your text plan or data plan, it is best to contact your mobile carrier or wireless provider. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. If you have any questions regarding privacy, please read our Privacy Policy.

By agreeing to the Terms or using the Services, you agree to receive these and other communications from us, including via email, text message, calls, in-app direct messaging, and push notifications. You agree that texts, direct messages, calls, or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your account or use of the Services, updates or marketing communications concerning new and existing features on the Services, communications concerning promotions run by us or our third-party partners, news concerning Endless Technologies Ltd., and industry developments. Standard text messaging charges, if and as applied by your cell phone carrier, will apply to text messages that we send.

As part of providing the Services, Endless Technologies Ltd. may also need to provide you with certain other communications, such as announcements regarding the Services and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt out from receiving.

E. Privacy

Any information that you provide to Endless Technologies Ltd., as well as any information that Endless Technologies Ltd. otherwise collects via the Services and your use thereof, is subject to our Privacy Policy, which governs our collection and use of such information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by Endless Technologies LTD.

2. SERVICE ACCESS CREDENTIALS

You are responsible for safeguarding the mobile telephone number, username, password, or other credentials that you use to access, post or consume Content to the Services and for any activities or actions under your account. Endless Technologies Ltd. cannot and will not be liable for any loss or damage arising from unauthorized access to your account resulting from your failure to safeguard your device and/or such credentials.

3. CONTENT ON THE SERVICES

A. Responsibility

All Content transmitted to or through the Services is the sole responsibility of the person who originated or captured such Content. We may, but are not required to, monitor or control the Content available via the Services, and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your sole risk.

We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that, by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases Content that has been mislabeled or is otherwise deceptive, objectionable, or difficult to view. While we ask that our users take reasonable precautions to avoid posting gratuitous content of any nature, by its nature the Services make available information that certain people will find offensive. Each user must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Under no circumstances will Endless Technologies Ltd. be liable in any way for any Content not created or modified by Endless Technologies Ltd., including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred because of the use of any Content posted, emailed, transmitted, or otherwise made available via the Services or distributed elsewhere.

B. Content Rights

By submitting, posting, or displaying Content on or through the Services, you grant Endless Technologies Ltd. a worldwide, non-exclusive, perpetual, irrevocable, assignable (without consent), sublicensable (without consent and through multiple layers of distribution), royalty-free license to use, copy, reproduce, exploit, create derivative works based on, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media or distribution methods (now known or later developed), with the limitation that these rights shall only be applicable where it serves one or more of the following:

• Sharing with emergency services

• Training of Artificial intelligence / Machine Learning

• Requested by law enforcement or court (subpoena)

• Internal use for analysis and service improvement

• Other activities deemed beneficial for public or personal safety

The materials will not be shared for marketing purposes.

We (including our licensees and/or sublicensees) may modify or adapt your Content to transmit, display, or distribute it over computer, broadcast, wireless, wireline, and other distribution networks and in various media and/or make changes to your Content as necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services, or media. We will not alter the meaning or context of the Content in doing so. We also have the right to do any of the foregoing with respect to any derivative works that we make (or that others might make with our permission) in respect of the Content.

You are responsible for your use of the Services, for any Content you submit, post, transmit, or otherwise make available through the Services, and for any consequences thereof, including the use of your Content by other users and any third parties. Endless Technologies Ltd. will not be responsible or liable for any use of your Content in accordance with these Terms.

RESTRICTIONS ON CONTENT AND USE OF THE SERVICES

We always reserve the right (but will not have any obligation) to remove or refuse to distribute any Content on the Services and to suspend and/or terminate your use of the Services without notice or liability to you. You shall not provide Content that:

• Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;

• Violates the rights of a third party, including copyright, trademark, privacy, or publicity rights;

• Promotes discrimination, hatred, or harm against any individual or group;

• Is defamatory, pornographic, or intentionally or gratuitously vulgar or offensive; or

• Is harassing, abusive, constitutes spam, or is otherwise inconsistent with the purposes for which Endless Technologies Ltd. makes the Services available.

We also reserve the right to access, read, preserve, and disclose any Content or other information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request; (b) enforce these Terms, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security, or technical issues; (d) respond to user support requests; or (e) protect the rights, property, or safety of Endless Technologies Ltd., its users, and the public.

You may not do any of the following while accessing or using the Services:

• access, tamper with, or use non-public areas of the Services, Endless Technologies Ltd. servers, or the technical delivery systems of Endless Technologies Ltd. providers;

• probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures;

• access or search, or attempt to access or search, the Services by any means (automated or otherwise) other than through any then-currently available, published interfaces that are provided by Endless Technologies Ltd. (and only pursuant to any applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Endless Technologies Ltd. (NOTE: scraping the Services without the prior consent of Endless Technologies Ltd. is expressly prohibited);

• forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source- or location-identifying information;

• interfere with or disrupt (or attempt to do so) the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services;

• use, display, mirror, or frame the Services or any individual element within the Services, Endless Technologies Ltd. name, any Endless Technologies Ltd. trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Endless Technologies express Ltd. written consent;

• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Endless Technologies Ltd. or any of Endless Technologies Ltd. providers or any other third party (including another user) to protect the Services or Content;

• attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by Endless Technologies Ltd. or other generally available third-party web browsers;

• send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;

• use any meta tags or other hidden text or metadata utilizing a Endless Technologies Ltd. trademark, logo, URL, or product name without Endless Technologies Ltd. express written consent;

• use the Services or Content that you did not post, or any portion thereof, for any editorial or commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

• attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;

• collect or store any personally identifiable information from other users of the Services without their express permission;

• violate any applicable law, rule, or regulation;

• engage in any activity that is a violation of the Terms (such as inciting, encouraging, causing, or engaging in any criminal, hazardous, illegal, or otherwise unsafe activity in connection with your use of the Services); or

• encourage or enable any other individual to do any of the foregoing.

5. YOUR LICENSE TO USE THE SERVICES

Endless Technologies Ltd. grants you a personal, revocable, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software that is provided to you by Endless Technologies Ltd. as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Endless Technologies Ltd. , in the manner permitted by these Terms, including posting Content in accordance with the terms of Section 4.

Solely in the event that you purchase a subscription to the Premium Services, Endless Technologies Ltd. grants you a personal, revocable, worldwide, royalty-free, non-assignable, and non-exclusive license to use the Premium Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Premium Services as provided by Endless Technologies Ltd., in the manner permitted by the Terms.

With respect to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use such App Store Sourced Application (a) on an Apple-branded product that runs iOS (Apple’s proprietary operating system); and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.

Notwithstanding the first sentence in this section, with respect to any App accessed through or downloaded from the Google Play Store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of such Google Play Sourced Application on a shared basis within your designated family group.

6. ENDLESS TECHNOLOGIES LTD. RIGHTS

All rights, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Endless Technologies Ltd. and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Endless Technologies Ltd. reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Endless Technologies Ltd. or the Services is entirely voluntary, and that we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you, even after you cease using or participating in the Services.

7. PREMIUM SERVICES FEES AND AUTO RENEWAL TERMS

A. Premium Services Subscription Fees

You will be responsible for payment of the applicable fee for any Premium Services (each, a “Service Subscription Fee”) at the time you register for the Premium Services and select your monthly or annual subscription, as may be available (each, a “Service Commencement Date”). Except as set forth in these Terms, all fees for the Premium Services are non-refundable. No contract will exist between you and Endless Technologies Ltd. for the Premium Services until Endless Technologies Ltd. or the third-party app store from whom you received the App license (e.g., the Apple App Store or the Google Play Store) (each, an “App Store”) accepts your order by a confirmatory email, SMS/MMS message, or other appropriate means of communication. Any free trial or other promotion that provides access to the Premium Services, if expressly provided to you, must be used within the specified time of the trial. At the end of the trial period, your use of that Service will expire, and any further use of the Service is prohibited unless you pay the applicable subscription fee.

B. Automatic Renewal for Premium Services

Your subscription to the Premium Services will continue indefinitely until terminated in accordance with these Terms. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Endless Technologies Ltd. then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription at least 24 hours prior to the Renewal Commencement Date pursuant to Section 8(A) below. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Endless Technologies Ltd., its payment processor, or the applicable App Store to charge your Payment Provider (as defined in Section 7(C) below) at the time you first purchase your subscription, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if Endless Technologies Ltd., its payment processor, or the applicable App Store does not receive payment from your Payment Provider, (1) you agree to pay all amounts due on your account upon demand; and/or (2) you agree that Endless Technologies Ltd. may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received.

C. Payment

You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide or have provided Endless Technologies Ltd., its payment processor, or the App Store from which you purchase the Premium Services with a valid credit card (Visa, MasterCard, or any other issuer accepted by us or them) (“Payment Provider”) as a condition to signing up for the Premium Services. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement, not these Terms, to determine your rights and liabilities with respect to your use of your card. You agree that Endless Technologies Ltd., its payment processor, or the App Store from which you purchase the Premium Services is authorized to immediately invoice your account for all fees and charges due and payable to Endless Technologies Ltd. hereunder and that no additional notice or consent is required. Endless Technologies Ltd. reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Website or the App, as communicated via the Services, or by email delivery to you.

8. SUSPENSION OR TERMINATION

The Terms will continue to apply until terminated by either you or Endless Technologies Ltd. as set forth below. If Endless Technologies Ltd. suspends your access to the Services, you agree that Endless Technologies Ltd. shall have no liability or responsibility to you, and Endless Technologies Ltd. will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. Nothing in this section shall affect Endless Technologies Ltd. rights to change, limit, or stop the provision of the Services without prior notice, as provided herein.

A. Termination of Services by You

You may end your legal agreement with Endless Technologies Ltd. at any time for any reason by deactivating your accounts and discontinuing your use of the Services. To deactivate your account, please do so by contacting us via the support center within the Services.

If you want to terminate the Premium Services provided by Endless Technologies Ltd., you may do so by contacting us via the support center within the Services or by managing your subscriptions in the applicable App Store. At this time, you may do so by logging into and going to the “Manage App Subscriptions” page in the Apple App Store or the “My Apps” page in the Google Play Store app, but the subscription management process may change in the future. The subscription management functions in the Apple App Store and Google Play Store may permit you to change your account settings if you do not wish your subscription to renew automatically, or if you want to change your subscription. The services will continue at the end of each subscription period unless you cancel your subscription in accordance with the procedure set forth in Section 7(B) above (Automatic Renewal for Premium Services).

B. Suspension or Termination of Services by Endless Technologies Ltd.

We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (1) you have violated these Terms; (2) you create risk or possible legal exposure for us; or (3) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.

If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of these Terms, or if Endless Technologies Ltd. is required to do so by law (e.g., where the provision of the Premium Services is or becomes unlawful), Endless Technologies Ltd. has the right to, immediately and without notice, suspend or terminate any Premium Services provided to you. You agree that all terminations for cause shall be made in Endless Technologies Ltd. sole discretion and that Endless Technologies Ltd. shall not be liable to you or any third party for any termination of your account.

C. Survival

Upon termination of your account by you or by Endless Technologies Ltd., the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall survive any termination of these Terms: 1(A), 3, 4, 6, 8(C), 10, 11, 12, 14 and 16.

9. ADDITIONAL PREMIUM SERVICES TERMS

The Premium Services may help connect you with 911 emergency dispatch services and other relevant service providers to request assistance for you from applicable first responders (“Responders”) upon receipt by a friend, family member or Protect agent (“Protect Agent”) of a communication from you reporting an event or other need that requires such emergency assistance (a “Response Condition”). The Premium Services also have other important features and limitations, including those described below.

The Terms contained in this document apply equally to the Premium Services, since they are part of the Services. For example, please see the payment terms in Section 7 for subscription and auto renewal terms applicable to the Premium Services, as well as the disclaimers and limitations of liability in Section 10.

In addition, there are certain other important terms associated with the Premium Services further described below.

A. Discretion of Protect Agents

When you use the Premium Services to attempt to connect with a Protect Agent, you agree that the Protect Agent has the discretion to connect with 911 or other relevant service providers without further discussion with you and without your express request or further consent. This allows the Protect Agents to use their discretion. The Protect Agent may use the location of your mobile device and other information shared with Protect, to the extent available, to help further direct Responders. In addition, the Protect Agent retains the sole and absolute discretion to refrain from calling 911 or other relevant service providers if he or she believes the situation is inappropriate for any reason, in which case you are always free to call 911 or such other service providers directly.

The Protect Agent may seek additional information from you before alerting the Responders; provided that, before alerting any Responders, the Protect Agent may, in his or her sole and absolute discretion and without any liability, direct you to call the Responders directly. The Protect Agent may stay on the session with you after alerting the Responders.

B. Reliance on External Information

Protect Agents will use information provided by you, information generated by your mobile device, and publicly available information to attempt to respond to a Response Condition. As part of the Services, Protect Premium offers a variety of features intended to help you. None of them are foolproof.

For example, a Protect Agent may use publicly available information online to try to help you find a different, safer location that is open to the public (a “safe space”) if requested by you. We cannot guarantee the safety of such locations or that such locations will be open or available.

C. Protect Cover

The Premium Services may also enable you to activate what is currently known as “Protect Cover.” This is intended to enable your mobile device to automatically connect with a Protect Agent and/or trigger a Response Condition if certain sounds (e.g., screaming, or a predetermined safe phrase) or other personal or environmental factors implying an emergency are detected using your mobile device. However, we cannot assure you that such sounds or factors will be properly interpreted. Therefore, certain emergency conditions may not connect you with a Protect Agent or trigger a Response Condition via Protect Cover, or Protect Cover could interpret certain sounds or factors to connote an emergency even if none is present.

10. WARRANTIES, DISCLAIMERS, AND LIMITATIONS OF LIABILITY

Please read this section carefully since it limits the liability of Endless Technologies Ltd. and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Endless Technologies Ltd. Entities”). Each of the subsections below apply up to the maximum extent permitted under applicable law. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

The terms below throughout Section 10 apply to the entirety of our Services (including the Premium Services).

A. The Services are Available “AS-IS”

YOUR ACCESS TO AND USE OF THE SERVICES OR ANY CONTENT ARE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, THE Endless Technologies Ltd. ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ENDLESS TECHNOLOGIES LTD. OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

The Endless Technologies Ltd. Entities make no warranty and disclaim all responsibility and liability for: (1) the completeness, accuracy, availability, timeliness, security, or reliability of the Services or any Content; (2) any harm to your computer system, mobile and wearable devices, loss of data, or other harm that results from your access to or use of the Services, or any Content; (3) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; or (4) any claim that the Services do not meet your requirements or are not available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Endless Technologies Entities Ltd. or through the Services will create any warranty not expressly made herein.

From time to time, Endless Technologies Ltd. may offer new “beta” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Endless Technologies Ltd. sole discretion.

B. No Responsibility for Third Party Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (1) the availability or accuracy of such websites or resources; or (2) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Endless Technologies Ltd. Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

C. Your Personal Responsibility

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE FREE TO CONTACT 911 OR OTHER EMERGENCY SERVICES DIRECTLY. USING THE PREMIUM SERVICES INSTEAD OF CONTACTING 911 OR OTHER EMERGENCY SERVICES DIRECTLY IS YOUR CHOICE AND NOT REQUIRED, AND YOU ASSUME ANY RISKS ASSOCIATED THEREWITH. FURTHER, YOU UNDERSTAND THAT THE 911 OPERATORS, RESPONDERS, AND/OR ANY NEARBY USERS OPERATE INDEPENDENTLY FROM US, AND WE CANNOT BE RESPONSIBLE FOR THEIR ACTS OR OMISSIONS.

YOU AGREE THAT PROTECT AGENTS ARE NOT REQUIRED TO MAKE A RESPONSE CONDITION A PUBLICLY AVAILABLE INCIDENT. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR THE ACTIONS OF OTHER CITIZEN USERS RESPONDING TO SUCH PUBLIC INCIDENTS.

YOU ACKNOWLEDGE THAT THE EVENTS THAT MAY LEAD TO A RESPONSE CONDITION OR NEARBY USER REQUEST ARE OFTEN INHERENTLY DANGEROUS, SUCH AS MEDICAL EMERGENCIES OR LAW ENFORCEMENT EMERGENCIES. SUCH SITUATIONS HAVE THE POTENTIAL TO INFLICT PROPERTY DAMAGE, SIGNIFICANT BODILY HARM, OR DEATH, AND TIME IS OF THE ESSENCE IN RESPONDING TO THESE EVENTS. YOU FREELY AND EXPRESSLY CHOOSE TO INCUR ALL RISKS POSED BY USING THE PREMIUM SERVICES IN RESPONSE TO SUCH EVENTS.

D. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENDLESS TECHNOLOGIES LTD. ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO: (1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (2) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY IN CONNECTION WITH, ARISING OUT OF, OR RELATED TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (3) ANY CONTENT OBTAINED FROM THE SERVICES; OR (4) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ENDLESS TECHNOLOGIES LTD. SHALL NOT BE LIABLE FOR ANY DEATH, BODILY HARM, OR PROPERTY DAMAGE ARISING FROM YOUR USE OF OR RELIANCE ON THE SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ENDLESS TECHNOLOGIES LTD. ENTITIES HEREUNDER EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR, IF YOU SUBSCRIBE TO THE PREMIUM SERVICES AND IF GREATER, THE AMOUNT THAT YOU PAID FOR SUCH SERVICES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE OCCURRENCE GIVING RISE TO THE LIABILITY.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT ANY ENDLESS TECHNOLOGIES LTD. ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

E. Premium Services Disclaimers

In addition to and not in lieu of the above disclaimers and limitations in the sections above, please be advised of the following important disclaimers and limitations associated with the Premium Services.

i. 911 Disclaimer

We cannot guarantee that the Premium Services will be able to connect you to 911 or other emergency services or to maintain a connection once established. Please call 911 directly using your mobile device or phone if there is any problem or delay.

The Premium Services or specific elements of such services (including provision of location information) may be unavailable for any number of reasons, including:

• congestion or other network failures between your mobile device and our facilities;

• faults in your mobile device;

• problems with connectivity or operation, including issues with clarity, audio recognition, or geolocation;

• unavailability of our facilities;

• if a Protect Agent (who provides response and coordination to Response Incidents) is not available when you attempt to use the Premium Services;

• if your line or access to the government’s 911 call center is disabled, interrupted, or delayed, including if 911 service is unavailable due to problems at the government’s call center; or

• for other reasons beyond our control.

ii. Medical or Expert Advice Disclaimer

NEITHER ENDLESS TECHNOLOGIES LTD. NOR ITS PROTECT AGENTS ARE AUTHORIZED TO PROVIDE MEDICAL OR EXPERT ADVICE OR DIAGNOSIS, AND THE PREMIUM SERVICES ARE NOT DESIGNED FOR THAT PURPOSE OR INTENDED TO BE USED FOR THAT PURPOSE. USE OF THE PREMIUM SERVICES DOES NOT CREATE A PHYSICIAN-PATIENT RELATIONSHIP OR ANY OTHER KIND OF PROFESSIONAL RELATIONSHIP. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING TREATMENT FROM EMERGENCY RESPONDERS OR A MEDICAL PROFESSIONAL OR OTHER EXPERTS. IT IS IMPORTANT TO SEE YOUR DOCTOR OR A PHYSICIAN IF YOU WISH TO MAKE ANY DECISION ABOUT YOUR HEALTH OR THE HEALTH OF YOUR FAMILY. YOU MUST INDEPENDENTLY EVALUATE ANY ADVICE YOU MAY RECEIVE FROM CITIZEN AGENTS OR RESPONDERS, INCLUDING THE 911 OPERATOR OR OTHER SERVICE PROVIDER THAT THE CITIZEN AGENT MAY CONNECT YOU WITH.

WE CANNOT GUARANTEE THE PERFORMANCE OF ANY 911 OPERATOR, SERVICE PROVIDER, OR RESPONDER THAT MAY ARRIVE AS A RESULT OF THE PREMIUM SERVICES.

iii. Connectivity & Locational Limitations

Due to the potential for service interruptions, outages, or poor connections on phone lines, internet service providers, mobile carriers, or other communication systems, none of which are within the control of Endless Technologies Ltd., your connection to the Premium Services is not guaranteed. Similarly, Endless Technologies Ltd. will have no liability to you if your mobile device is out of the service area of the network provider. Endless Technologies Ltd. is not responsible for, and shall have no liability with respect to, service interruptions, outages, or failures of a customer’s telephone, mobile, or data service.

Endless Technologies Ltd. is not responsible if emergency responders are unable to locate you, whether because you have not enabled the GPS functionality of or location services on your mobile device, or there is a failure, error, or lack of specificity in transmission of GPS information, or otherwise.

11. INDEMNITY

You will indemnify and hold harmless the Endless Technologies Ltd. Entities from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses (including, without limitation, reasonable legal and accounting fees) arising out of or in any way connected with (a) your access to, use of, or reliance on the Content or Services; (b) your conduct with respect to any other users, including in connection with any public incidents on the Services; (c) your Content; or (d) your violation of these Terms.

12. RELEASE

TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU HEREBY RELEASE THE ENDLESS TECHNOLOGIES LTD. ENTITIES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION, WHATSOEVER, ARISING OUT OF OR RELATED TO ANY LOSS, PROPERTY DAMAGE, PHYSICAL INJURY, CONTAGIOUS DISEASE, OR DEATH THAT MAY BE SUSTAINED BY YOU WHILE USING OR ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES AND/OR THE CAPTURING OF CONTENT TO BE UPLOADED TO THE SERVICES. THIS RELEASE IS BINDING UPON YOUR RELATIVES, SPOUSE, HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, BENEFICIARIES, AND ANY OTHER AFFILIATES OR INTERESTED PARTIES.

You waive and relinquish any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver, including any all rights and benefits which you have or may have under California Civil Code Section 1542 or any similar provision of the statutory or non-statutory law of any other jurisdiction (including, without limitation, Missouri, Delaware, and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits. You acknowledge that the releases in these Terms are intended to be as broad and inclusive as permitted by law, and as a complete and continuous release and waiver of liability for any and all use of the Services.

13. INFRINGEMENT

Endless Technologies Ltd. respects the intellectual property rights of others and we expect our users to do the same. If you are a copyright owner and believe a user of the Services is infringing your copyright or the copyright of any third party, please notify our designated copyright agent in writing at the following email address: support@meetprotect.com

Each notification must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly infringed; (b) a description of the work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works; (c) identification of the Content that is claimed to be infringing, and information reasonably sufficient to permit Endless Technologies Ltd. to locate the Content; (d) information reasonably sufficient to permit Endless Technologies Ltd. to contact you, such as an address, telephone number, and email address; (e) a written statement that you have a good faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement made under penalty of perjury that the information in the notification is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

We may remove Content alleged to be infringing and terminate the right to use the Services by any user who infringes the intellectual property rights of another person or entity, in each case without prior notice and at our sole discretion.

14. GOVERNING LAW AND DISPUTE RESOLUTION

A. Dispute Resolution

These Terms and the relationship between you and Endless Technologies Ltd. will be governed by the laws of the State of California, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. Except for a claim by Endless Technologies Ltd. of infringement or misappropriation of Endless Technologies Ltd. patent, copyright, trademark, or trade secret, any and all disputes between you and Endless Technologies arising under or related in any way to these Terms must be resolved through binding confidential arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the Services.

B. Arbitration

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE CAREFULLY REVIEW SECTION 14 (GOVERNING LAW AND DISPUTE RESOLUTION) BELOW FOR MORE INFORMATION.

YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND ENDLESS TECHNOLOGIES LTD. ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND ENDLESS TECHNOLOGIES LTD. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON A CONFIDENTIAL INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and us and our employees, agents, successors, or assigns, regarding or relating to the Services or these Terms shall exclusively be settled through binding and confidential arbitration.

Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes.

You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

You and we must abide by the following rules: (1) any claims brought by you or us must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding; (2) the arbitrator may not consolidate more than one person’s claims, may not otherwise preside over any form of a representative or class proceeding, and may not award class-wide relief; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the court or arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (4) we reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by applicable law.

With the exception of subparts (1) and (2) in the paragraph immediately above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Terms, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, either of subparts (1) and (2) in such paragraph (prohibiting arbitration on a class or collective basis) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in San Francisco, California.

Claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in San Francisco, California. Additionally, notwithstanding these Terms to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in San Francisco, California in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within San Francisco, California for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

Notwithstanding any provision in these Terms to the contrary, if we seek to terminate this Arbitration section as included in these Terms, any such termination shall not be effective until thirty (30) days after the version of these Terms not containing such section is posted to the Services, and shall not be effective as to any claim of which you provided us with written notice prior to the date of termination. For more information on the AAA, its Rules and Procedures, and how to file an arbitration claim, you may call the AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

15. APP STORES

Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.

A. Scope of License

Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).

B. Consent to Use of Data

You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

C. Termination

This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.

D. External Services The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

16. OTHER GENERAL TERMS

The failure of Endless Technologies Ltd. to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. You may not assign or transfer these Terms, by operation of law or otherwise, without Endless Technologies Ltd. prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Endless Technologies Ltd. may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and insure to the benefit of the parties, their successors, and permitted assigns.

Any notices or other communications provided by Endless Technologies Ltd. under these Terms, including those regarding modifications to these Terms, will be given: (a) via email; or (b) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

These Terms and our Privacy Policy are the entire and exclusive agreement between Endless Technologies Ltd. and you regarding the Services (excluding any services for which you have a separate agreement with Endless Technologies Ltd. that is explicitly in addition to or in place of these Terms), and these Terms supersede and replace any prior agreements between Endless Technologies Ltd. and you regarding the Services and Content.

These Services are operated and provided by Endless Technologies, Ltd.

If you have any questions about these Terms, please contact us at support@meetprotect.com

Additional Terms for the 911 connectivity underlying service:

This EULA or Terms of Use (“Terms”) govern the manner in which you will access the Protect (“Protect”, “we,” or “us”) emergency response technology platform or otherwise receive one or more Protect service (“Protect Service(s)”) that may use the Protect platform (“Protect Platform”). These Terms are segregated by the type of use and/or user that you are and shall be deemed to be applicable to you accordingly.

These enhanced Terms shall be deemed to supplement and be incorporated by reference into any agreement between you and Endless Technologies Ltd. In the event of a conflict between these Terms and your Subscriber Agreement, these Terms will control solely as reasonably necessary to give full force and effect to the subject matter set forth herein.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY USING OR RECEIVING THE PROTECT SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE, INCLUDING THE PROTECT PRIVACY POLICY AND, TO THE EXTENT APPLICABLE, THE ALERTS TERMS AND CONDITIONS (TOGETHER, THE “TERMS”). If you are not eligible or do not agree to these Terms, then you do not have our permission to use the Protect Service.

These Terms provide that all disputes between you and Protect will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court as contemplated by these Terms. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review the “Dispute Resolution and Arbitration” section below for the details regarding your agreement to arbitrate any disputes with Protect.

The parties hereby agree as follows:

1. Protect Service Overview

The Protect Service provides an additional avenue for you to communicate with and receive certain information from Emergency Service Providers and Notification Providers regarding safety, emergency response services, public health, and other services.

• “Emergency Service Providers” are safety or emergency response providers, including, without limitation, 9-1-1 or equivalent fire, police, emergency medical, emergency management, campus safety officials, public health services, or a monitoring service or central station

• “Notification Providers” are [entities] that use the Protect Service to send emergency and general interest notifications and updates

2. Eligibility

By agreeing to these Terms, you represent and warrant that: (a) you have not previously been suspended or removed from the Protect Service, and (b) your registration and use of the Protect Service complies with all applicable laws and regulations.

4. Account Disclosure

4.1 You understand and agree and hereby authorize Protect to release and disclose your account information to Emergency Service Providers and Notification Providers in connection with the Protect Service.

4.2 As part of your account, you may have identified additional contacts or additional persons in your household (”Additional Contacts”). You understand and agree that Protect or any Emergency Service Providers may, for reasons outside their control, be unable to contact or to notify any Additional Contacts in any emergency situation. Efforts to notify such Additional Contacts or any such persons shall be satisfied by communicating one time via telephone, e-mail, SMS, or other means and methods utilized by Protect through the telephone numbers, e-mail, SMS, or other methods supplied by Subscriber, or otherwise known to or available to Protect.

5. Prohibited Conduct.

BY USING OR RECEIVING THE Protect SERVICE, YOU AGREE NOT TO:

5.1 use Protect Service for any illegal purpose or in violation of any local, state, national, or international law;

5.2 violate or encourage others to violate any right of a third-party, including by infringing or misappropriating any third-party intellectual property right;

5.3 post, upload, or distribute content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;

5.4 interfere with security-related features of the Protect Service, including by: (a) disabling or circumventing features that prevent or limit the use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of Protect Service except to the extent that the activity is expressly permitted by applicable law;

5.5 interfere with the operation of the Protect Service or any other user’s use of the Platform or the Protect Service, including by: (a) uploading or otherwise any disseminating virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Platform or the Protect Service; (c) attempting to collect, personal information about another user or third-party without appropriate authorization; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Platform or the Protect Service, or violating any regulation, policy, or procedure of any network, equipment, or server;

5.6 perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Protect Service or Platform account without permission;

5.7 sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 10) or any right or ability to view, access, or use any Material; or

5.8 attempt to do any of the acts described in this Section or assist or permit any person to engage in any of the acts described in this Section.

6. Third-Party Protect Services

Protect may provide tools through the Protect Service that enable you to export information, including your account information, to third-party services. Using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third-party services are not under our control, and we are not responsible for any third-party service’s use of your exported information. The Protect Service may also contain links to third-party websites. Linked websites are not under our control, we are not responsible for their content, and we are not responsible for any security protocols (or lack of security protocols) on such linked websites.

7. Termination of Use; Discontinuation and Modification of the Protect Service

We reserve the right to modify or discontinue the Protect Service at any time (including by limiting or discontinuing certain features of the Protect Service) without notice to you. Third-party fees (e.g., for cell phone usage) may apply when you use all or certain features of the Protect Service, which are between you and your third-party provider. We will have no liability whatsoever relating to any change to the Protect Service.

8. Privacy Policy; Additional Terms

8.1 Privacy Policy. Please read the Protect Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Protect Emergency-Related Services Privacy Policy is incorporated by this reference into and made a part of these Terms.

8.2 Additional Terms. Your use of the Protect Service is subject to all additional terms, policies, rules, or guidelines applicable to the Protect Service or certain features of the Protect Service that we may post on or link to from the Protect Service (the “Additional Terms”), such as end-user license agreements for any downloadable software applications, or rules applicable to a particular feature or content on the Protect Service. All Additional Terms are incorporated by this reference into and made a part of these Terms. Your use of any part of a Platform other than the Protect Service is governed by the agreement between you and the Platform Provider, including the Platform Provider’s privacy policy.

9. Modification of these Terms

We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Modifications are effective upon publication. Continued use of the Protect Service following such modifications will be deemed your acceptance of the modified Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

10. Ownership; Proprietary Rights

The Protect Service is owned and operated by Endless Technologies Ltd. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Protect Service (“Materials”) provided by Endless Technologies Ltd are protected by intellectual property and other laws. All Materials contained in the Protect Service are the property of Endless Technologies Ltd or our third-party licensors or subcontractors. Except as expressly authorized by Endless Technologies Ltd, you may not make use of the Materials. Endless Technologies Ltd reserves all rights to the Materials not granted expressly in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Protect Service (“Feedback”) will be the sole and exclusive property of Protect, and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback. Any data that we generate from your usage of the Protect Service will be owned by Protect and handled subject to the terms of our Privacy Policies, as applicable.

11. Indemnity

You agree that you will be responsible for your use of the Protect Service, and you agree to defend and indemnify Protect, the Platform Provider, and each of their officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the ”Indemnitees”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Protect Service or the Platform; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party including, but not limited to, the Platform Provider. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

12. Disclaimers; No Warranties

BY USING THE Protect SERVICE, YOU AGREE THAT Protect CANNOT CONTROL THE MANNER IN WHICH EMERGENCY SERVICES ARE RENDERED, AND THEREFORE, CANNOT AND DOES NOT GUARANTEE THAT EMERGENCY SERVICE PROVIDERS WILL UTILIZE THE INFORMATION PROVIDED. NOT ALL EMERGENCY SERVICE PROVIDERS HAVE ACCESS TO THE Protect SERVICE, AND THE Protect SERVICE MAY NOT BE UTILIZED BY EMERGENCY SERVICE PROVIDERS THAT DO HAVE ACCESS.

USE OF THE Protect SERVICE DOES NOT CONSTITUTE AN AGREEMENT BETWEEN YOU AND EMERGENCY SERVICE PROVIDERS, NOTIFICATION PROVIDERS, THE PLATFORM PROVIDER, OR OTHER USERS. YOU WILL NOT RELY ON THE Protect SERVICE AS THE SOLE MEANS BY WHICH YOU WILL COMMUNICATE INFORMATION TO EMERGENCY SERVICE PROVIDERS OR NOTIFICATION PROVIDERS. Protect IS NOT RESPONSIBLE FOR THE ACTIONS OF ANY EMERGENCY SERVICE PROVIDER, NOTIFICATION PROVIDER, THE PLATFORM PROVIDER, OR OTHER USERS OF THE Protect SERVICE. Protect DOES NOT GUARANTEE DELIVERY OF ANY MESSAGE OR INFORMATION AND IS NOT RESPONSIBLE FOR ANY ACTION OR OMISSION BETWEEN OR AMONG USERS OF THE SYSTEM. Protect DOES NOT HAVE CONTROL OVER THE VOIP SERVICE, TELEPHONE SERVICE, INTERNET SERVICE PROVIDERS, OR OTHER EMERGENCY PROVIDERS’ DATA SOURCE NECESSARY FOR PROVIDING THE Protect SERVICE, AND ANY FAILURE DUE TO A THIRD-PARTY SERVICE PROVIDER IS NOT THE RESPONSIBILITY OF Protect. Protect IS NOT A TELEPHONE COMPANY, INTERNET PROVIDER, WIRELESS NETWORK PROVIDER, OR OTHER TELECOMMUNICATIONS SERVICE PROVIDER. YOU ARE SOLELY RESPONSIBLE FOR PROVIDING AND MAINTAINING THE COMMUNICATION SERVICES NEEDED FOR Protect SERVICE. ADDITIONALLY, IT IS YOUR RESPONSIBILITY TO PROVIDE AND MAINTAIN A RELIABLE POWER SOURCE FOR ANY PRODUCTS THAT USE THE Protect SERVICE.

YOU ARE RESPONSIBLE FOR MANAGING YOUR TELEPHONE SERVICE PROVIDER ACCOUNT, INTERNET SERVICE PROVIDER ACCOUNT, ACCOUNT SUBSCRIPTIONS, LOCATION TRACKING, AND OTHER OPT-IN STATUSES AS REQUIRED TO ALLOW THE Protect SERVICES TO LOCATE AND COMMUNICATE WITH YOUR PHONE OR OTHER CONNECTED DEVICE. DEVICES THAT ARE LOCATION COMPATIBLE MAY NOT BE LOCATABLE BY THE Protect SERVICE OR THE TELEPHONE Protect SERVICE PROVIDER, OR INTERNET SERVICE PROVIDER AT ALL TIMES. ANY LOCATION PROVIDED IS APPROXIMATE AND DOES NOT PROVIDE GUARANTEED RESULTS. ANY ADDITIONAL INFORMATION PROVIDED OTHER THAN LOCATION DATA IS NOT GUARANTEED AND RELIES ON THE ACCURACY OF INFORMATION PROVIDED TO THE Protect SERVICE BY YOU OR A PLATFORM PROVIDER.

THE Protect SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE Protect SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. THE INDEMNITEES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE Protect SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE Protect SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE INDEMNITEES DO NOT WARRANT THAT THE Protect SERVICE OR ANY PORTION OF THE Protect SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE Protect SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

13. Limitation of Liability

IN NO EVENT WILL THE INDEMNITEES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE Protect SERVICE OR ANY MATERIALS OR CONTENT ON THE Protect SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Protect OR ANY INDEMNITEE HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. SUBSCRIBER UNDERSTANDS AND AGREES THAT Protect IS NOT OBLIGATED TO NOTIFY OR DISPATCH MEDICAL, FIRE, OR POLICE ASSISTANCE AND THAT Protect SHALL HAVE NO LIABILITY FOR FAILING TO DO SO OR FOR MEDICAL, FIRE, OR POLICE ASSISTANCE NOT RECEIVING SUCH NOTIFICATION OR NOT ACTING ON SUCH NOTIFICATION. IF Protect ELECTS TO NOTIFY MEDICAL, FIRE, OR POLICE ASSISTANCE, Protect’ LIABILITY FOR DOING SO SHALL BE LIMITED AS SET FORTH HEREIN AND Protect TAKES NO RESPONSIBILITY FOR ANY FIRST RESPONDERS’ OR EMERGENCY ASSISTANCE RESPONSE TO SUCH A SIGNAL. SUBSCRIBER AGREES THAT IT IS SUBSCRIBER’S SOLE RESPONSIBILITY TO PREPARE FOR ANY MEDICAL, FIRE, OR POLICE EMERGENCY.

YOU AGREE THAT THE AGGREGATE LIABILITY OF THE INDEMNITEES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE Protect SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID DIRECTLY TO Protect FOR ACCESS TO AND USE OF THE Protect SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM; OR (B) $100.

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

14. Governing Law

These Terms are governed by the laws of the State of New York without regard to conflict of law principles. Subject to Section 16 of these Terms, if a lawsuit or court proceeding is permitted under these Terms, you and Protect agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New York County, New York for the purpose of litigating any dispute. We operate the Protect Service from our offices in New York, and we make no representation that the Materials included in the Protect Service are appropriate or available for use in other locations. Any claim brought against Protect is subject to Section 16 of these Terms, and unless prohibited by applicable law, you must bring any claim against Protect within one (1) year after the claim arose. If you do not bring such claim within such time period, then you waive your right to make such claim against Protect and Protect has no liability to you for such claim. It is critical that you bring any claim against Protect in a timely manner.

15. General

These Terms, together with the Privacy Policies and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Protect regarding your use of the Protect Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive, will survive.

16. Dispute Resolution and Arbitration

16.1 Generally. In the interest of resolving disputes between you and Protect in the most expedient and cost-effective manner, you and Protect agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Protect ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Unless prohibited by applicable law, you must bring any claim against Protect within one (1) year after the claim arose. If you do not bring such claim within such time period, then you waive your right to make such claim against Protect and Protect has no liability to you for such claim. It is critical that you bring any claim against Protect in a timely manner.

16.2 Exceptions. Despite the provisions of Section 16.1, we both agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either of us to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.

16.3 Arbitrator. Any arbitration between you and Protect will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Protect.

16.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail (“Notice”). The address for Notice is: Wristcam Inc, 548 MARKET ST SUITE 16307 SAN FRANCISCO CA 94104. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Protect may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Protect must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If our dispute is finally resolved through arbitration in your favor, Protect will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Protect in settlement of the dispute prior to the arbitrator’s award; or (iii) $100.

16.5 Fees. If you commence arbitration in accordance with these Terms, Protect will reimburse you for your payment of the filing fee (if you are successful in the arbitration proceeding), unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York County, New York, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Protect for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

16.6 No Class Actions. YOU AND Protect AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Protect agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

16.7 Modifications. If Protect makes any future change to this arbitration provision (other than a change to Protect’s address for Notice), you may reject the change by sending us written notice within 30 days of the change to Protect’s address for Notice, in which case your account with Protect will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.

16.8 Enforceability. If Section 16.6 is found to be unenforceable or if the entirety of this Section 16 is found to be unenforceable, then the entirety of this Section 16 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 14 will govern any action arising out of or related to these Terms.

17. Consent to Electronic Communications

By using the Protect Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policies. Please read our Privacy Policies to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

18. Contact Information

The Protect Service is offered by Endless Technologies Ltd./ Wristcam Inc., 548 MARKET ST SUITE 16307 SAN FRANCISCO CA 94104. You may contact us by sending correspondence to that address or by emailing us at support@meetprotect.com. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the address above with your electronic mail address and a request for these Terms.