SKY ALERT SECURITY SOLUTIONS, LLC SERVICE AGREEMENT This Service Agreement (the “Agreement”) is effective as of the date (the “Effective Date”) indicated on the order confirmation (“Order Confirmation”) and is by and between SkyAlert Security Solutions, LLC also doing business as Sky Alert SOS (the “Company”) and the person(s) whose name(s) appear(s) under the words “Member Information” or “Member and User” and, if different, the person (“Payer”) whose name appears under the words “Payer Information” on the “Order Confirmation” or “Payer or Billing” on the Company website. Member and Payer are sometimes referred to as “you” or “your.” The Company is sometimes referred to as “we,” “us” or “our.” “Equipment” refers to the Company’s SOS Fob and Safe Hub Phone App(s) and any other accessories or devices provided to you by Company. READ THESE TERMS AND CONDITIONS CAREFULLY. THIS AGREEMENT CONTAINS IMPORTANT TERMS GOVERNING THE SERVICES PROVIDED BY THE COMPANY, YOUR RESPONSIBILITIES AND OUR OBLIGATIONS, AND INCLUDES LIMITS ON OUR LIABILITY, INDEMNITY AND OTHER IMPORTANT CLAUSES. 1. Agreement to Provide Services and Equipment. We agree to provide to you the Equipment and monitoring services (the “Monitoring Services”) as described below. Member and Payer agree to make the payments, perform the obligations, and be bound by the terms of this Agreement, as described below. 2. Services; Related Terms. 2.1. Delivery of Equipment. The Company will provide to you the Equipment, which shall be in good operating condition upon delivery. You agree to test the Equipment and confirm that, upon activating the transmitting device, the Equipment will contact a monitoring facility. 2.2. Description of Monitoring Services. The Monitoring Services consist solely of alerting the persons, entities or agencies (“Responders”) identified by you upon receipt by a monitoring facility of data or other communication from the Equipment reporting an event at your location that requires assistance (a “Response Condition”). Following receipt of notice of a Response Condition, the monitoring facility will call the Responders; provided, however, before alerting any Responders, the monitoring facility may, in its sole and absolute discretion and without any liability, contact or attempt to contact the Member as frequently as it deems appropriate to verify the need to alert Responders to the Response Condition. After receiving oral advice from you or any third-party designated by you to disregard the Response Condition, the monitoring facility may, in its sole and absolute discretion and without any liability, call the Responders, or refrain from alerting the Responders or advise the Responders of the receipt of oral advice to disregard the Response Condition. 2.3. Ownership of Equipment. The Company will provide you with your Equipment at the onset of this Agreement. You will own the equipment. 2.4. Start of Service. Company makes no promise of commencement of Monitoring Services by any particular date. Monitoring Services will commence only after (1) all required information to be provided by Member is entered into the computer system for the monitoring facility; (2) an acceptable test of the Equipment is received by the monitoring facility; and (3) Member or Payer has made the initial payment required by Section 4.1. of 9 2.5. Use of Subcontractors. The Company contracts with other companies for the provision of the Monitoring Services to be provided under this Agreement. 2.6. Repair Service. Following Company’s receipt of written notice from you that your Equipment was damaged or otherwise is not functioning properly due to no fault of your own, the Company may, at its election, replace or repair the Equipment, offer to allow you to purchase replacement Equipment, or take no action. Company makes no representation, promise, warranty or guarantee that there will be no interruptions of service or delay in performing repair or replacement of the Equipment. All repairs or replacements of the Equipment shall be performed only by the Company or its designated subcontractors. 2.7. Termination of Monitoring Services. The Company’s obligation to provide Monitoring Services shall terminate automatically as of the earlier to occur of (1) the date the Member or Customer contacts us to discontinue services; (2) interruption of the communications system through which the Equipment contacts the monitoring facility; or (3) notice to you from the Company of termination of this Agreement. 3. Rights of Member; Rights of Payer. 3.1. Termination. The Member or the Payer, as applicable, whose credit card, bank account or other payment method is used for payment under Section 4.1 may terminate this Agreement for any or no reason. The Member or Customer may not terminate this Agreement unless the Company receives written notification by the Member or Customer. 3.2. Authority. Member and Payer each have the rights: 3.2.1.to make changes to all information provided by or for the benefit of Member, including without limitation the names, contact data or other information of Responders and those thirdparties Member directs us to call in the event of a Response Condition; 3.2.2.to designate up to two additional persons to make changes to the information described in Section 3.2.1; 3.2.3.to receive from the Company a written billing statement upon Member’s or Payer’s written request; and
