Please read these terms of service (“Terms”) carefully before using our Products or Services. Our Terms were last updated on November 1, 2024.

These Terms are between you, an individual or a single company or legal entity and the personnel associated with your business (collectively, “you” or “Customer”) and Septilink Inc. and its affiliates (collectively, “Septilink”, “we” or “us”). These Terms set out the rights and obligations of all users regarding the following:

(i) the websites (including septilink.com, portal.septilink.com), and all associated web pages, websites and corresponding social media pages of Septilink (collectively, the “Site”), your use of which is governed by these Terms;

(ii) mobile application software that may be downloaded to your smartphone or tablet to access services (the “Septilink App”), your use of which is governed by these Terms and the End User License Agreement for iOS or the End User License Agreement for Android, as applicable; and

(iii) Septilink hardware products and monitoring devices (the “Products”) and services accessible via the Site and the Septilink App (such services, together with the Site and the Septilink App, collectively the “Services”). Your use of the Products and Services are governed by these Terms and any applicable additional guidelines, terms or rules.

Customer will be granted access to use the Services for your internal business purposes, conditioned upon your acceptance of these Terms. If you are agreeing to these Terms on behalf of a company or other legal entity, you represent that you have the authority to contractually bind such entity and its personnel.

BY AGREEING AND/OR BY ACCESSING OR USING THE SERVICES, YOU REPRESENT THAT YOU ARE AUTHORIZED TO USE THE SERVICES AND THAT YOU AGREE TO BE BOUND BY THE CURRENTLY POSTED TERMS. SUBJECT TO SECTION 7.2 BELOW, CONTINUED USE OF THE SERVICES FOLLOWING POSTING OF ANY CHANGES TO THE TERMS CONFIRM ACCEPTANCE OF THOSE CHANGES.

USE OF THE SERVICES ARE OFFERED TO YOU CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS WITHOUT ANY MODIFICATIONS. THE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 3, 4, 6.4, 7.1, 8, 9, 10, and 13.1 below). THESE PROVISIONS FORM AN ESSENTIAL PART OF OUR BARGAIN.

Notice Regarding Dispute Resolution: These Terms contain provisions governing how claims you and Septilink may have against each other are resolved (see Legal Disputes and Mediation Section below), including an obligation to mediate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding mediation, unless you opt-out in accordance with the Legal Disputes and Mediation Section below.

SERVICE TERMS OF USE & END USER SERVICE AGREEMENT

Effective Date: July 9, 2024

1. SERVICES

1.1 General Description. The Services are designed to gather and process data and information (“Data”) transferred from Septilink Products. Before you continue using this Site, we advise you to read the Septilink Privacy Policy at septilink.com/privacy regarding our user data collection. It will help you better understand our practices. The features of the Services may change from time to time, including but not limited to the types of Data to be transferred/monitored, forms of reports, etc. Your access to the Services takes effect when you have accepted these Terms and will continue in effect until terminated by you or Septilink as permitted in these Terms.

The Services may be subject to additional terms and conditions either posted on the Site or contained in other ordering documentation.

The availability of the Services may be affected, inter alia, by planned and unplanned maintenance periods, technology upgrades and as otherwise set forth in these Terms or any description of the Services.

The Services may include third-party software or services (“Third Party Software/Services”) furnished by one or more third parties (“Third Party Suppliers”).

1.2 Third Party Communications Systems. Some features of the Services may require use of third party communications systems, such as internet access and/or wireless or satellite-based communication systems (each, a “Communications Service”). UNLESS THE COMMUNICATION SERVICE IS EXPLICITLY MADE PART OF A SERVICE PLAN, CUSTOMER SHALL PURCHASE THESE COMMUNICATION SERVICES SEPARATELY AS ITS OWN RESPONSIBILITY. SEPTILINK HAS NO RESPONSIBILITY FOR THE AVAILABILITY, QUALITY OR PERFORMANCE OF ANY COMMUNICATIONS SERVICE.

1.3 Data Exchange and Third Party Interfaces. The Services may permit the communication, transfer and exchange of data between the Services and Products or systems as well as certain third-party manufactured devices or systems (“Third-Party Assets”). Septilink does not exercise control over the form or quality of data generated or transmitted by or to Third-Party Assets or other third-party developed solutions such as custom reports or interfaces (collectively, “Third-Party Data”). You understand and agree to the following:

• Data may only be exchanged between the Services and Third-Party Assets approved by Septilink;

• Septilink’s approval of a Third-Party Asset does not guarantee that it will operate properly with the Services;

• Septilink is not responsible for the quality or accuracy of, or the ability to receive, access of use Third-Party Data that may be sent from or received by Third-Party Assets.

• Septilink may control all Third-Party Data transmitted to and from the Services, and may stop or block any Third-Party Data that Septilink believes may adversely affect performance of the Services.

• except as otherwise required by law, Septilink is not responsible for damages and losses due to the operation of any Third-Party Assets.

2. AUTHORIZED USERS AND USE; LIMITATIONS.

2.1 Authorized Users. You agree that the Services will be accessed and used only by you and those personnel of yours whom you authorize to access and use the Services (“Authorized User”). You are responsible to assure that the access credentials of one Authorized User are used only by that Authorized User and no other person. We are not responsible for problems with or failures of internet or other electronic communications beyond our control.

2.2 Limitations on Use. Transmission of information using a Product may be subject to legal requirements that may vary from location to location, including radiofrequency use authorization. You must limit use of any Product to those locations where all legal requirements for the use of the Product and the Services communication network have been satisfied. In the event that a Product is used at a location where (i) legal requirements are not satisfied or (ii) transmitting or processing of such information across multiple locations would not be legal, we disclaim any and all liability related to such failure to comply and Septilink may discontinue the transmission of information from that Product. You also understand and acknowledge that the Services are not intended to be used for any emergency, safety or mission critical or safety related use or application or other ultra-hazardous activities and you shall not use the Services in that manner.

3. CUSTOMER ACCOUNT; PAYMENT

3.1 Customer Account. In order to log on to the Site and use the Services, an account for you will be created and activated and you may create access credentials or connections for you and Authorized Users and Products. In the process of creating the account and access credentials you will be asked to provide Septilink with true, accurate, current and complete registration information in relation to you and your Authorized Users and to update such information as necessary. Should we have reasonable grounds to suspect that any information provided in relation to you or an Authorized User is inaccurate, incomplete or untrue, we have the right to suspend or terminate your or the Authorized User ’s right to access and use the Services.

3.2 Site Access & Password; Security. You are responsible for maintaining, and you shall cause all Authorized Users to maintain, the confidentiality of your and your Authorized Users ’ usernames and passwords and are fully responsible for all activities that occur on the Site under your designated Authorized Users’ usernames and passwords. We may require you to change your designated Authorized Users’ usernames in the event we determine, in our sole discretion, that any username is offensive or for any other reason. You agree to immediately notify Septilink of any unauthorized use of any Authorized User’s username, password, or any other breach of security, and to ensure that Authorized Users logout at the end of each session. You are responsible for severing the relationship between the accounts of any Authorized User no longer employed by you and your company. You acknowledge that Septilink is not responsible for tracking your Authorized Users ’ use of the Services, and that Septilink cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.

3.3 Payment. You agree to pay all charges and fees in accordance with the payment terms applicable. If data transmission is included, such transmission may be subject to certain limits. You agree to reimburse Septilink for any charges for data transmission in excess of these limits as well as any activation and deactivation charges that may be imposed by the transmission service provider because of your conduct in accordance with the service provider’s terms.

4. GRANT OF LICENSE; LICENSE RESTRICTIONS

4.1 Limited License to Customer. Subject to your compliance with these Terms and payment of all applicable fees, Septilink grants you a limited, non-exclusive, revocable license to use the Services for your internal business purposes and not for resale or other distribution. All rights not expressly granted to you herein are reserved by Septilink and its suppliers and licensors.

4.2 License Restrictions – No Misuse of Services. Your use of the Services is limited to those uses expressly permitted under these Terms. As a condition of your use of the Services you agree that you will not use them for any purpose that is unlawful or prohibited by these Terms. We may restrict or cancel the Services to you if there is a reasonable suspicion of, or any actual misuse or fraudulent use by you or any Authorized User. You will be responsible for any costs incurred by us or any other party (including attorney’s fees) as a result of such misuse or fraudulent use. You may not: (i) reproduce, modify, publish, distribute, publicly display, adapt, alter, translate, or create derivative works from the Services, or any Third Party Software/Services; (ii) merge any Service-related software or Third Party Software/Services with other software; (iii) sublicense, lease, sell, rent, loan, or otherwise transfer the Services or associated software or Third Party Software/Services to any third party; (iv) reverse engineer, de -compile, disassemble, or otherwise attempt to derive the source code for any Service-related software or Sites, including any Third Party Software/Services; (v) otherwise use or copy the Services or associated software or Third Party Software/Services except as expressly allowed under the Terms, including this Section 4; (vi) use the Services or associated software or Third Party Software/Services in a “service bureau” or similar structure whereby third parties obtain use of the Services or Third Party Software/Services through you; (vii) remove, obscure, or alter any copyright, trademark, or other proprietary notices embedded in, affixed to or accessed in conjunction with the Services, associated software, and/or the Sites; (viii) damage, disable, overburden, interfere with, disrupt or impair the Services or Sites, or servers or networks connected to them, in any manner; (ix) interfere with any other party ’s access, use or enjoyment of the Services or the Sites in any manner; (x) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, laws and regulations related to export; or (xi) impersonate any person or entity or misrepresent your affiliation with a person or entity.

4.3 Third Party Software/Services. You hereby acknowledge and agree that any Third Party Software/Services that may be bundled with the Services (e.g., maps) is/are being provided to you by third-party suppliers and not by Septilink. You hereby acknowledge and agree that your access or use of any such software/services is governed by such Third Party Suppliers ’ terms of use, end user license agreement or other like agreement, and in absence of such terms or agreement, by these Terms. SEPTILINK EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION WITH ANY THIRD PARTY SOFTWARE OR SERVICES OR YOUR USE (OR ANY AUTHORIZED USER ’S USE) THEREOF.

5. DATA OWNERSHIP; CONSENT TO TRANSMISSION AND USE OF DATA; LICENSE AND AGGREGATE DATA; COMPLIANCE WITH LAWS

5.1 Data Ownership; Consent to Data Transmission and Use. Subject to the rights of Septilink described below, Customer shall own all of the Data and records provided by Customer, or created by or for Septilink primarily on behalf of the Customer, that are used by Septilink in relation to the provision of the Services hereunder The Data transmitted may include such information that is described in the description of Services and the Septilink Privacy Policy.

Data is processed on your behalf. You agree to permit the Service to transfer Data to Septilink or the Septilink Parties (as defined below). In so agreeing, you may cause the Services to transfer Data to Authorized Users.

Certain information (feeds, definition files, etc.) may be synchronized or updated automatically from time to time via the Service, including when: (i) the Service is successfully installed by you; (ii) you fail to install the Service successfully; (iii) the Service has been successfully configured and / or (iv) the Service is uninstalled. You acknowledge and consent that any data collected may be sent to Septilink or any Septilink Party for processing in locations, depending on your location, throughout the United States and Canada in accordance with the provisions of these Terms. You may be required to download software (Service- related or otherwise) and the Services may automatically update the software installed on any device when a new version is available.

Customer agrees that Data may be transmitted and used, via the Service, by Septilink or a Septilink Party for the following purposes: (a) providing the Service to you or your customers; (b) checking or maintaining Products and/or Service supported by the Service; (c) monitoring the location, operation, health, performance, and other pertinent machine information regarding your Service-connected equipment; (d) evaluating or improving the Service and/or other products and services; and (e) complying with legal requirements and valid court orders, as applicable. Septilink may also combine the Data imported from your Products with that of other users of the Service to create aggregated data (“Aggregated Data”) for the principal purposes of tracking market trends and developing new or improved service offerings. The Data is transmitted to Septilink or to one or more of its Affiliates. Septilink may transmit and share some or all of the collected Data with its dealer(s), its Affiliates and their dealers, Septilink ’s licensors, the manufacturer of your Products and its dealers, and Septilink’s business partners worldwide who provide the Services, Products, or related products and services to you (each a “Septilink Party”). Septilink may transmit and share Aggregated Data with other companies, governmental entities and business partners.

5.2 License. To the extent that you have any ownership or other interests in the Data, you hereby grant to Septilink and the Septilink Parties, a non-exclusive, perpetual, worldwide, paid-up, and irrevocable license to use, process, manipulate and/or modify, copy, perform, compile and create derivative works from the Data, including using the Data for any business purpose. All other data and information that is collected, transmitted, recorded, or accessed by or through the Service that is not Data provided by you or an Authorized User, or created by or for Septilink primarily on your or an Authorized User’s behalf , and all data, reports, derivative works, compilations, modifications and other materials created from or with use of Data will be, in each case, the sole and exclusive property of Septilink; and you, on your behalf and on behalf of your Authorized Users, hereby assign all of your and their right, title and interest, if any, in and to such items to Septilink without any fees and without rights to future royalties.

5.3 You agree that you shall not (directly or indirectly) export, re-export, import, transfer, or divert the Products, Services or any Septilink confidential information in whole or in part (i) without all necessary authorizations by Septilink or as required by law, or (ii) to any prohibited destination or to any prohibited person, entity or end user as specified by U.S. export control laws. Current information regarding the export regulations of the United States may be found through the Department of Commerce Bureau of Industry & Security website at Homepage | Bureau of Industry and Security . You agree to comply with all applicable local laws of the jurisdictions in which you conduct business, including the laws and regulations of the United States and of other jurisdictions (national, state and local) to the extent that they may govern your use of the Services and Septilink confidential information and performance of your other activities under these Terms. You will indemnify and hold Septilink harmless for all costs, damages, fines, or other expenses and liabilities (including attorney fees) incurred by Septilink arising from your failure to comply with the terms of this provision, which shall also be considered a material default hereof entitling Septilink to immediately terminate your rights under these Terms to the Services in addition to any other remedy available at law or equity. Your obligations under this provision shall survive the termination of your Services under these Terms for any reason whatsoever.

6. PRIVACY AND USER DATA

6.1 To understand Septilink’s general data privacy practices, please review Septilink’s Privacy Statement, which can be viewed at any time at septilink.com/privacy, specifically, the section related to telematics defines the collection, use, and distribution of telematics data. In the event of any conflict, however, these Terms will govern.

6.2 You acknowledge that some Data may be retraceable to individuals (“Personal Data”). Each time an Authorized User logs on to the Service and the Site, certain information, including the username, will be processed in the Service application software. This information is used to manage the Authorized User’s account, Services and other personalized features. Septilink may match the username to personally identifiable information in order to provide the Authorized User with Services that the Authorized User is entitled to use and to provide relevant Data and information. Additionally, the Service may permit collection of location-based Data in connection with your Products and the Services provided (“Location Data”) so that the geographic location of the user may be identifiable.

6.3 The Service may be administered by Septilink from its offices or those of its affiliates or service providers at various locations within the United States of America and/or Canada. Consequently, Data is collected, sent, processed and stored in the United States and/or Canada and may be collected, sent, processed and stored outside the United States. You acknowledge that in the event of conflict of privacy laws or practices in your jurisdiction and those in the domicile of the entity hosting the Service, the law applicable in the domicile of the entity hosting the Service will have precedence at all times.

6.4 You acknowledge that the Data and the Services may be transmitted through networks and signals that are not specifically protected or encrypted and where third party interception may be possible. You consent to such transmission and waive any claims that you may have against us with respect to such transmission.

7. MODIFICATION OF SERVICES

7.1 Septilink may, at any time, modify, suspend or permanently discontinue the Services or Site, or any portion of them, with or without advance notice. Neither Septilink, nor any Septilink Party will be liable to you or to any third party for any such modification, suspension or discontinuance.

7.2 Septilink may modify and update the Terms if circumstances under which the Terms are entered into change. Septilink will provide you with reasonable advance notice of any such changes. Your continued use of the Services following the effective date of any such changes will constitute confirmation of your acceptance of the updated Terms, unless you notify Septilink in writing within 10 business days of the notice that you do not accept them. In that case the Terms in effect at the time of your purchase will remain in effect through the remainder of your then current term, unless Septilink, at its option, exercises its right to terminate the Services in accordance with section 12.1 below.

8. NETWORK COVERAGE, GNSS SATELLITES, INTERRUPTION OF SERVICE

8.1 You acknowledge that the Services and network access may be subject to transmission limitations caused by a variety of factors such as atmospheric conditions, topographical obstructions, limitations or lack of coverage of the underlying carrier service and other natural or manmade conditions. To the extent that Products or other hardware units receive signals from Global Navigation Satellite System (“GNSS”) you further acknowledge that neither Septilink nor any Septilink Party is responsible for the operation or failure of operation of any GNSS satellites or the availability of GNSS satellite signals.

8.2 Neither Septilink nor any Septilink Party will be liable to you or any third party for any loss or damage arising from the Service, or its interruption, transmission errors (including Location Data inaccuracies), downtime of the Services due to maintenance or defects or any other cause, including, but not limited to, interruption caused by the underlying communications system carrier. Septilink does not assume and will not have any liability arising from events beyond Septilink’s control or the control of any Septilink Party, including events such as acts of God, acts of any governmental entity, pandemic, acts of public enemy, strikes or weather conditions.

9. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL SEPTILINK OR THE SEPTILINK PARTIES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, INTERRUPTION OR DISABLING OF DEVICE, EQUIPMENT, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, VIRUS INFECTIONS, SYSTEM OUTAGES AND THE LIKE) ARISING OUT OF, BASED ON OR RESULTING FROM THE TERMS OR YOUR ACCESS TO, USE OF, MISUSE OF OR INABILITY TO USE THE SERVICES OR THE SITE, EVEN IF SEPTILINK OR THE SEPTILINK PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES). THE EXCLUSION OF DAMAGES UNDER THIS SECTION 9 IS INDEPENDENT OF ANY REMEDY PROVIDED UNDER THE TERMS AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER DAMAGES ARISE FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. TO THE EXTENT THAT APPLICABLE LAW DOES NOT PROHIBIT SUCH EXCLUSIONS AND LIMITATIONS, IN NO EVENT WILL SEPTILINK’S OR A SEPTILINK PARTY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU TO SEPTILINK WITHIN THE 12 MONTHS PRIOR TO THE MOST RECENTLY ENDED MONTH FOR YOUR ACCESS OR USE OF THE SERVICE.

THE PRECEDING LIMITATIONS OF LIABILITY DO NOT APPLY TO LIABILITIES THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS, SUCH AS IN THE EVENT OF STATUTORILY MANDATED LIABILITY (INCLUDING LIABILITY UNDER APPLICABLE PRODUCT LIABILITY LAW) IN NEW JERSEY OR ELSEWHERE OR IN THE EVENT OF PERSONAL INJURY ARISING SOLELY FROM SEPTILINK’S OR A SEPTILINK PARTY ’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

10. CUSTOMER INDEMNIFICATION

UPON OUR REQUEST, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SEPTILINK AND EACH OF THE SEPTILINK PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DEMANDS, ACTIONS OR OTHER PROCEEDINGS BROUGHT AGAINST IT BY ANY THIRD PARTY DUE TO, ARISING OUT OF OR RELATED TO YOUR (A) VIOLATION OF THE TERMS, OR (B) YOUR VIOLATION OF ANY LAW, REGULATION OR THIRD PARTY RIGHTS. You shall pay any and all costs, damages and expenses, including, without limitation, reasonable attorneys ’ fees and costs awarded against or otherwise incurred by Septilink or the Septilink Parties in connection with or arising from any such claim, lawsuit, action, demand or other proceeding. Septilink, or a Septilink Party may, at its own expense, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Septilink and the Septilink Parties in asserting any available defenses.

11. INTELLECTUAL PROPERTY RIGHTS

11.1 You hereby agree and acknowledge that Septilink and its licensors (and as applicable, Third Party Suppliers of any software you may license in connection with the Service) own all right, title and interest in and to all Intellectual Property Rights (defined below) in connection with or relating to the Services and the Sites. “Intellectual Property Rights” means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary or moral rights, and any and all applications, continuations, derivatives, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You will have no right, license, or interest therein, expressly or impliedly, except for any license expressly granted herein. Septilink or its licensors, as the case may be, will own all right, title and interest in and to any newly created Intellectual Property Rights, replacements, improvements, updates, applications, enhancements, continuations, derivative works and other modifications (including, without limitation, the incorporation of any ideas, methods or processes provided by or through you) to Intellectual Property Rights made by any person, even if paid for by you and regardless of whether or not they are similar to any of your Intellectual Property Rights. You will undertake any and all action necessary to vest such ownership in Septilink, including without limitation assigning (and you hereby assign) to Septilink all rights in and to such Intellectual Property Rights arising from or relating to the Services or the Site. Notwithstanding the foregoing, Septilink’s Intellectual Property Rights as they pertain to the Data, include only the rights granted to Septilink under Section 5 above.

11.2 You acknowledge that all trademarks, service marks, and logos (collectively, “Marks”) that appear throughout the Services or the Site belong to Septilink or the respective owners of such Marks, and are protected by U.S. and international trademark and copyright laws. Any use of any of those Marks without the express written consent of Septilink or the owner of the Mark, as applicable, is strictly prohibited. Septilink may, in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of you or Authorized Users who may be infringing the Intellectual Property Rights of others.

12. SUSPENSION, DISCONTINUATION OR CANCELLATION OF SERVICES TO CUSTOMER; CANCELLATION FEE

12.1 Septilink may suspend your or any Authorized User’s access to the Sites or terminate the right to use the Services without liability, if:

(i) you or any Authorized User violates the Terms or any other valid agreement with Septilink;

(ii) you fail to pay amounts owed when due, (whether due to Septilink directly or to a dealer or distributor);

(iii) the Communications Service through which you are able to access and use the Services terminates your Communications Service; or

(iv) Septilink has reason to believe that you, your Authorized Users, any of your agents or any third parties are abusing the Services or using them fraudulently or unlawfully, or for illicit or unlawful purposes.

12.2 Septilink may cancel or terminate your account and the Services if upon your insolvency, bankruptcy (or similar action or proceeding), or your ceasing to do business in the ordinary course.

13. INTERNATIONAL

The Services are administered by Septilink from its offices or those of its affiliates or licensors at various locations within the United States of America and Canada. Septilink makes no representation that Services are appropriate or available for use in locations outside the United States, and access them from territories where the Services are illegal is prohibited. You may not use or export or re-export the Services or its content or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, United States export laws and regulations. If you choose to access the Services from locations outside the United States or Canada, you do so on your own initiative and are responsible for compliance with applicable local laws.

14. NOTICES AND ELECTRONIC COMMUNICATIONS

When you visit the Sites or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, statements, terms of service, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you do not provide Septilink with accurate contact information, Septilink cannot be held liable if it fails to notify you. You may have the right to request that Septilink provide such notices to you in paper format and may do so by contacting Septilink Inc. Attention: Septilink Legal PO BOX 883, Prosper, TX 75078.

15. LEGAL DISPUTES AND MEDIATION

15.1 Initial Dispute Resolution. Please submit any concerns you may have regarding your use of the Sites or the Service to septilink.com/contact. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or mediation.

15.2 Terms of Service and Mediation Agreement. If any dispute should arise between the parties which cannot be resolved through negotiation, the parties shall endeavor to settle the dispute by mediation. Either party may request in writing that the other party mediate the dispute; such notice shall set forth the subject of the dispute and the relief requested (“Dispute Notice”). Unless the parties otherwise agree, the mediation shall be conducted by a mediator affiliated with and under the rules of JAMS. The selection of an organization by the parties shall be made within ten (10) business days after a party requests mediation of a dispute pursuant to this provision. If an organization/judge and applicable rules have not been agreed upon within such ten (10)-day period, then the dispute shall be mediated by a single neutral chosen by JAMS. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial.

15.3 Class Action Waiver. The parties further agree that any mediation shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or mediator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that a case or mediation can proceed on a class basis, then the mediation provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to mediate disputes.

15.4 30 Day Right to Opt. You have the right to opt-out and not be bound by the mediation and class action waiver provisions set forth in the preceding three paragraphs by contacting legal@septilink.com or mailing written notice of your decision to opt-out to Septilink Inc. Attention: Septilink Legal PO BOX 883, Prosper, TX 75078. The notice must be sent within thirty (30) days of creation of an account, otherwise you shall be bound to mediate disputes in accordance with the terms of these paragraphs. If you opt-out of these mediation provisions, Septilink also will not be bound by them.

15.5 Exclusive Venue for Litigation. Solely to the extent the mediation provisions set forth above do not apply, or for purposes of either party enforcing an award granted to it pursuant to mediation, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Dallas, Texas. The parties expressly consent to exclusive jurisdiction in Dallas, Texas for any litigation other than small claims court actions. The Parties irrevocably consent to personal jurisdiction in Dallas, Texas for any litigation and hereby waive, for all purposes, their right to challenge the lack of personal jurisdiction of Dallas, Texas over any litigation arising in connection with, out of, or as a result of (a) these Terms or the Sites or Service, and (b) any acts or omissions of any of Septilink or the Septilink Parties Entities in connection with these Terms or the Sites or Service. The prevailing party in any dispute or legal action resolved in litigation in court shall be entitled to recover from the other party its reasonable attorneys ’ fees and costs of suit in addition to any other relief granted by the court.

15.6 Governing Law. The Terms are governed by and construed in accordance with the laws of the State of Texas and applicable United States federal law, without reference to “conflicts of laws” provisions or principles.

15.7 Timing of Claims. You must bring any claim you have against Septilink relating to these Terms or the Sites or Service within one (1) year from the date of first occurrence of the event(s) trigging the applicable claim.

16. SEPTILINK TERMS OF SALE

16.1 The following terms of sale (“Terms of Sale”) apply to the purchase of Products and Services through our Site or the Septilink App. By purchasing a Product or Service, you accept and agree to be bound by these Terms of Sale. If you do not agree to these Terms of Sale, do not purchase Products or Services from the Site or the Septilink App.

16.2 To complete your purchase, you must have a valid billing and shipping within the United States of America. We make no promise that Products or Services available on the Site and Septilink App are appropriate or available for use in locations outside the United States of America.

16.3 Details of the Products and Services available for purchase are set out on the Site and in the Septilink App. All features, content, specifications, Products, and prices of Products and Services described or depicted on the Site and in the Septilink App are subject to change at any time without notice. We attempt to ensure that information on the Site and in the Septilink App is complete, accurate, and current. Despite our efforts, the information on the Site and in the Septilink App may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, availability, accuracy or currency of any information on the Site and in the Septilink App. For example, Products or Services included on the Site and in the Septilink App may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site and in the Septilink App.

We make reasonable efforts to publish information and display Product images accurately, but we cannot guarantee that the image you see on your monitor or mobile device will exactly match the Product. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown.

16.4 We may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, per company, or per household. We reserve the right, without prior notice, to refuse service to any customer, to not sell a product or service, or reject any order at any time and refund any money you have paid for such order. You will have the opportunity to review and confirm your order, including delivery address, payment method, and other details of your order. We will display or send a notice when we accept your order and our acceptance will be complete at the time we display or send the notice. We will arrange for shipment of the Products to you. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping and delivery of your order. Title and risk of loss in any goods you purchase pass to you when the shipping carrier receives the goods from Septilink. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

16.5 We reserve the right to refuse or cancel any order prior to delivery. For example, if there are errors on the Site or made in connection with your order or inaccuracies in Product or pricing information or Product availability, we reserve the right to correct the error and charge you the correct price or cancel your order. We also may require verification of information prior to the acceptance and/or shipment of any order. We will contact you if any portion of your order is canceled or if additional information is required to accept your order. Occasionally, the manufacture or distribution of a certain Product or Service may be delayed. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule.

16.6 Any prices shown on the Site and in the Septilink App exclude all taxes or charges for shipping and handling. Taxes and shipping and handling costs will be added to the amount of your purchase and itemized on the check-out page. You will have an opportunity to review taxes and delivery costs before you confirm your purchase. Each item in your shopping cart is shown at the current price. All prices on the Site and in the Septilink App are subject to change at any time without notice. We do not collect taxes on merchandise shipped to a jurisdiction in which we do not have substantial nexus, in which case you will be liable to the appropriate taxing authority for any sales taxes relating to your purchase from the Site and in the Septilink App.

Septilink may make available promotional codes, coupon codes, or other discount codes. Such promotional, coupon, or discount codes are limited to one per person. Promotional, coupon, or discount codes may not be assigned, transferred, copied, or sold and have no cash redemption value. Promotional, coupon, or discount codes are not valid with any other discounts or offers. State and local laws may require or permit Septilink to charge sales tax on the selling price of the Product or Service without deduction for the amount of the promotional, coupon, or discount code.

16.7 Some Services may be provided for a fee, either now or in the future. When you select or use Services subject to a fee, you will pay the applicable fees in connection with such Service(s) in accordance with the amounts and payment terms (including due dates) specified on the Site, the Septilink App or otherwise negotiated. If no timing or due date for a given Service fee is specified, such fee will be due upon selection or sign up for the applicable Service. Some paid Services may be offered on a subscription basis with fees charged to you upon periodic renewals of such Service absent your termination of such Service prior to the renewal fee becoming due. Unless otherwise noted, all fee payment obligations for Services are non-cancelable and all Service fees paid are non-refundable and non-creditable. Septilink may change any or all of its Service fees (or impose new fees) upon notification to you of such changed or new fees (except to the extent that a prior written agreement expressly states that fee rates are locked in for some period of time).

16.8 The Site and the Septilink App give you different payment options. We reserve the right to change our payment options at any time and for any reason. Payment must be received by us before our acceptance of an order. When you provide credit card information or other information necessary to facilitate payment to us or our vendors, you represent to us that (i) you are the authorized user of the credit card that is used to pay for the Products and Services, (ii) the credit card information you supply to us is true, correct and complete, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site or the Septilink App at the time of your order.

In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. Credits or refunds will be made to the same method of payment and account used to place the order.

16.9 OUR RETURN POLICY IS IN ADDITION TO ANY STATUTORY RIGHTS YOU MAY HAVE UNDER LAW. WE WILL ACCEPT ANY ITEMS RETURNED IN ACCORDANCE WITH OUR RETURN POLICY DESCRIBED IN OUR RETURN POLICY AND LIMITED WARRANTY TERMS. WE MAY DENY ANY RETURN IF IT FAILS TO MEET OUR RETURN CRITERIA DESCRIBED IN OUR RETURN POLICY. FOR ADDITIONAL INFORMATION ON OUR RETURN PROCESS AND POLICY, PLEASE VISIT OUR RETURN POLICY AND LIMITED WARRANTY TERMS.

17. SUBSCRIPTIONS

17.1 Certain Products and Services may require you to enroll in a recurring subscription before they can be used. Recurring subscriptions may be made available on either a monthly or a yearly basis (“Subscription Periods”) for the recurring fee indicated at the time you enroll in the subscription (“Fee”). You agree that your subscription is continuous until you cancel it and that you will be charged the Fee both (a) at the beginning of the Subscription Period and (b) at the beginning of each subsequent Subscription Period until you cancel.

YOU HEREBY AUTHORIZE SEPTILINK TO AUTOMATICALLY CHARGE THE FEE TO YOUR CREDIT CARD, DEBIT YOUR BANK ACCOUNT, OR OTHERWISE BILL OR CHARGE YOU IN ACCORDANCE WITH ANY PAYMENT METHOD YOU HAVE SELECTED, AT THE BEGINNING OF EACH SUBSCRIPTION PERIOD UNTIL YOU CANCEL YOUR SUBSCRIPTION. YOU MUST CANCEL YOUR SUBSCRIPTION AT LEAST TWENTY-FOUR (24) HOURS BEFORE THE END OF YOUR CURRENT SUBSCRIPTION PERIOD IN ORDER TO AVOID BEING CHARGED FOR THE NEXT SUBSCRIPTION PERIOD.

17.2 If you do not cancel at least twenty-four (24) hours before the end of the current Subscription Period, you will be charged for another Subscription Period. For example, if your monthly Subscription Period ends on January 31, you must cancel at least twenty-four (24) hours before February 1, which means you must cancel by the end of the day on January 30 to avoid being charged for the Subscription Period beginning February 1.

17.3 If the Fee changes, Septilink will notify you at least 30 days in advance of the next Subscription Period. If you do not want to pay the new Fee, you must cancel your subscription at least twenty-four (24) hours before the end of the current Subscription Period.

If you used a promo code, coupon code, or other discount to sign up for a subscription, your subscription will automatically renew at the end of the applicable subscription period. Septilink will automatically charge your payment method on file, and you will be responsible for payment of the full Fee due.

18. LIMITED WARRANTY AND DISCLAIMERS

18.1 Septilink offers a limited warranty for certain Products in accordance with the terms of its published limited warranty and returns policy (the “Limited Warranty”) posted on our Return Policy and Limited Warranty Terms found at septilink.com/warranty. All warranty claims are subject to the terms of this Limited Warranty.

18.2 Our Products and Services are intended to be accessed and used for noncritical, residential and commercial applications and uses not intended for safety or security. While we aim for the Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The Products and Services are subject to sporadic interruptions and failures for a variety of reasons, including those beyond Septilink’s control, such as network interruptions, service provider uptime, and mobile operators, among others. Septilink is not responsible for any damages incurred by the failure or delay of the Services or Products.

18.3 THE SEPTILINK PRODUCTS AND SERVICES ARE NOT A MONITORED EMERGENCY NOTIFICATION SYSTEM AND UNDER NO CIRCUMSTANCES WILL SEPTILINK DISPATCH EMERGENCY SERVICES TO YOU IN THE EVENT OF AN EMERGENCY. Services are provided for informational purposes only; the Products and Services, whether standing alone or when interfaced with third party products and services, are not certified for emergency response, unless expressly approved and certified by Septilink. Further, it is your responsibility to determine the appropriate response to all information you receive from the Services. All life threatening, safety, and emergency events should be directed to the appropriate response services. We make no warranty or representation that use of any Products or Services will affect or increase your level of safety.

18.4 The Services may be suspended temporarily, without notice, for security reasons, systems failure, maintenance and repair, or other circumstances. You will not be entitled to any refund, credits, rebate, or any other compensation for such suspensions. Septilink does not offer any specific uptime guarantee for the Services.

18.5 If you have any questions or concerns regarding the Products, the Services or the Terms, please contact Septilink at (469) 916-2650 or visit septilink.com/terms. Customer support is subject to availability of applicable Septilink personnel and is limited to responding to inquiries sent through standard email and other established Septilink communication channels.

Septilink does not provide any commitments or guarantees as to response times or as to whether problems or concerns can be resolved or addressed. Any customer service and support offered and provided by Septilink is not an emergency or 911 service, a dispatch center, an emergency service provider or dispatch service, or a lifesaving solution for people at risk in their home or otherwise. PLEASE DO NOT CONTACT CUSTOMER SERVICE OR SUPPORT OFFERED BY SEPTILINK WITH ANY LIFE/SAFETY OR SECURITY EMERGENCY, MEDICAL EMERGENCY, OR ANY OTHER EMERGENCY. IF YOU HAVE ANY SUCH EMERGENCY, YOU SHOULD IMMEDIATELY CONTACT THE POLICE, FIRE DEPARTMENT, 911, OR APPROPRIATE EMERGENCY RESPONSE SERVICE.

19. TEXT MESSAGING

By providing your mobile device number to Septilink, you consent to receive non-marketing SMS messages from us related to the Products and Services you use. At any time, you have the right to opt out of receiving non-marketing SMS messages by changing your notification preferences on the Septilink mobile app or portal. Certain features of the Products and Services may be unavailable to you if you have not provided a mobile device number to Septilink or have chosen to opt out of SMS messages.

20. GENERAL PROVISIONS

These Terms and/or any other valid agreement between you and Septilink for use of the Services, constitute the entire agreement between you and Septilink and govern your use of the Service and Site, superseding any and all prior agreements, negotiations and communications (whether written, oral or electronic) between you and Septilink with respect to the subject matter hereof. No change, modification, or waiver of any provision of the Terms will be binding on Septilink unless approved in writing by Septilink. Any rights not otherwise expressly granted under the Terms are reserved by Septilink and its licensors. The failure of Septilink to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any part of the Terms is held invalid or unenforceable, by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Septilink, and the remaining portions shall remain in full force and effect.

21. OFFICIAL LANGUAGE

The official language of the Terms is English. For purposes of interpretation, or in the event of a conflict between English and versions of Terms in any other language, the English language version shall be controlling.