Service Terms

1. Agreement. This Agreement together with ZOLEO’s Privacy Policy at https://www.zoleo.com/privacy-policy is a legal agreement between you and the ZOLEO Service Provider described below (collectively “ZOLEO”) which sets forth the terms and conditions of your use of the ZOLEO Product and the Service (as those terms are defined herein). You understand and agree that this Agreement is enforceable like any written, negotiated agreement signed by you.  The term of the Agreement starts when you first activate your ZOLEO Service with a ZOLEO Product, which includes the ZOLEO device, the ZOLEO mobile app, the ZOLEO online portal and any replacement products and/or any associated software.

2. Changes to this Agreement. ZOLEO reserves the right to revise the terms of this Agreement and of the Service Plans are subject to change in the absolute discretion of ZOLEO. ZOLEO will post notice of any such changes at www.zoleo.com. If ZOLEO makes changes that are not acceptable to you, you may terminate the Agreement without charge at any time within 30 days of such change. Charges accrued for services up to the date of termination will remain due and payable. If you continue to use your ZOLEO Product or the ZOLEO Service after any such change, you will be deemed to have accepted the new terms in their entirety.

3. Coverage: You may use your ZOLEO Product anywhere there is mobile cellular, Wi-Fi or Iridium satellite network coverage (see www.iridium.com/network), subject to any applicable restrictions due to export laws, local laws, licensing requirements and regulations or as otherwise set forth herein.  You are solely responsible for ensuring compliance with any such requirements and regulations.

4. Activation only by ZOLEO. The ZOLEO Product is designed to be activated online exclusively by ZOLEO at www.zoleo.com. Activations of ZOLEO Products through a service provider other than ZOLEO are strictly prohibited and could: (i) severely impact the functioning of your ZOLEO Product; (ii) void any warranties applicable to your ZOLEO device; (iii) compromise, limit or prevent proper functioning of or access to the ZOLEO Product, including the SOS Emergency Service (as defined herein). Injury or death could result from use of a ZOLEO Product that is not properly activated, and you assume all such risks should you activate any device other than through www.zoleo.com.

5. Third-Party Service Providers. The Services (as defined below) are provided by various communication devices and networks, including but not limited to satellites and their links to certain satellite ground stations, including satellite antennas and supporting equipment (the “Communication Systems”).  Services may become limited or temporarily unavailable without notice from time to time. The ZOLEO Products and the Services, including but not limited to the Communication Systems, utilize various third-party service providers that are not otherwise affiliated to or controlled by ZOLEO (the “Third-Party Service Providers”). ZOLEO does not own or control the Third-Party Service Providers that provide the Communication Systems, nor does ZOLEO own or control the GPS satellite constellation and cannot be responsible for any Service interruptions that are associated with those Communication Systems or ground stations and the interconnecting networks. Nor does ZOLEO own or control the cell phone and email service providers who receive the email and SMS messages generated from ZOLEO Products and is not responsible for any delays by the email and cell phone providers related to these messages. Satellite service is wireless and requires a clear line of sight toward the satellite; therefore, the Services are inherently subject to transmission and reception limitations caused by: (i) your location, including conditions that obstruct the line of sight between you and the Communication Systems; (ii) the condition of the Communication Systems; (iii) the condition of your ZOLEO Product; and (iv) weather conditions, atmospheric conditions, magnetic interference, environmental, and other conditions beyond ZOLEO’s or the Communication Systems’ control.

6. Services. You must subscribe to a ZOLEO Service Plan (as defined below) to utilize your ZOLEO Product, including the SOS Emergency Service. Collectively, all services presented in this section are referred to throughout this Agreement as the “Service” or “Services”.  Please note: key service features such as the transmission of messages over satellite and the declaration of an SOS emergency will be disabled while your service is suspended for any reason.

   1. SOS Emergency Service. Your ZOLEO Service includes an SOS emergency monitoring and coordination service (the “SOS Emergency Service”) that is provided in part by a Third-Party Service Provider (the “Emergency Response Coordination Service ”).  The Emergency Response Coordination Service maintains a database of local law enforcement agencies, first responders, emergency services and/or other rescue services, (“Emergency Responders”) in regions throughout the world, that provides SOS Emergency Signal monitoring twenty-four (24) hours a day, seven (7) days a week and 365 days a year. ZOLEO intends that the SOS Emergency Service will be available at all times in all locations where your ZOLEO Product works; however: (i) the Service may become limited or temporarily unavailable without notice from time to time due to any number of reasons associated with reliance on networks and communications systems outside of the control of ZOLEO and Emergency Response Coordination Service; and (ii) it is possible that at some times and some locations, the Emergency Response Coordination Service will not receive your transmission or that your transmission will be delayed. You understand and agree that ZOLEO may disclose your personal and location data to the Emergency Response Coordination Service and other Third-Party Service Providers used to deliver the ZOLEO Service, and/or to a competent legal authority when required to respond to an SOS Emergency, as well as to remotely activate SOS features when notified by competent legal authority that a distress situation exists for the user.

   2. SOS Emergency Response: Subject to the restrictions, constraints and contingencies described herein, you can use your ZOLEO device or ZOLEO mobile app in conjunction with your ZOLEO device to transmit an SOS Emergency Signal to the Emergency Response Coordination Service. ZOLEO transmits SOS Emergency Signals received, along with available location coordinates and applicable information that you provided at the time of registering with ZOLEO (the “Registration Data”), to the Emergency Response Coordination Service. Upon receipt of an SOS Emergency Signal, the Emergency Response Coordination Service will i) attempt to contact you and, if necessary, the primary and secondary contacts identified by you in your Registration Data to attempt to validate the SOS Emergency Signal, ii) identify and contact appropriate Emergency Responder(s) near your current location and inform them of the relevant facts related to the SOS emergency (including your Registration Data information and/or location coordinates); iii) if you are traveling outside of your home territory, and it is consistent with the Emergency Response Coordination Service’s procedures, contact the Embassy of your government consistent with your Registration Data in the jurisdiction identified by your current location, if possible, and provide them relevant facts in the Emergency Response Coordination Service’s possession; and iv) provide updates of location coordinates as available to the identified Emergency Responder.  Should the Emergency Response Coordination Service, without any input from or discussion with ZOLEO, have reasonable cause to believe that an emergency condition does not exist, they reserve the right to solely contact the primary and secondary contacts identified by you and otherwise not initiate the SOS Emergency Service.  Emergency Responders shall, without any input from or discussion with ZOLEO, determine when, how, or whether to conduct a search and rescue in accordance with their standard policies and procedures. This determination is entirely outside of ZOLEO’s and the Emergency Response Coordination Service’s control and may be subject to such constraints as operational limitations, available resources, technical feasibility, meteorological conditions and medical and/or safety concerns whether for you or the Emergency Responder(s). Upon contacting the Emergency Responder(s) and/or, as appropriate, the Embassy, and informing them of all relevant facts, ZOLEO and the Emergency Response Coordination Service are released from all further legal responsibility and/or obligation to take any further action whatsoever. In no event does the Agreement create any duty by ZOLEO to rescue or to be involved in any way with such rescue.  ZOLEO does not contract directly with any Emergency Responder(s), and assumes no liability whatsoever for the actions, inactions, failures, errors, or omissions of the Emergency Response Coordination Service or any Emergency Responder(s) in any jurisdiction.

   3. Medical Assist. Your ZOLEO Service includes a medical advisory and assistance service that is provided by a Third-Party Service Provider.  You may access the Medical Assist service using your ZOLEO mobile app, and by doing so, you agree to the Medical Assist Service Terms described in detail at http://www.zoleo.com/medical-assist-terms.

   4. Satellite Text Messages. Subject to the restrictions, constraints and contingencies described herein, your ZOLEO device can be used for app-to-app, email, and SMS messages (“Messages”) including Messages over the satellite network (“Satellite Messages”).  ZOLEO Messages use the SMS services of a 3rd party SMS provider.  Upon activation, your ZOLEO device is assigned a dedicated email address and SMS number.  Email addresses and SMS numbers are reserved for your ZOLEO device as long as you have an active or suspended subscription to a Service. Upon cancellation of your subscription, the ZOLEO email address is released, and the SMS number is returned to the 3rd party SMS provider. ZOLEO cannot guarantee the same SMS number or ZOLEO email address for future re-activations. ZOLEO also cannot guarantee the ZOLEO email address or SMS number has not been used by others in the past. You are solely responsible for the costs of any data or content (as defined herein) that you send and receive, including any consequences of such Messages. Bundled Messages expire and replenish with each bill cycle, where available.

   5. ZOLEO Mobile App Messages. The ZOLEO mobile app is designed to support lowest cost routing for Messages, first sending via Wi-Fi or cellular. If these networks are unavailable, and you are paired to your active ZOLEO device, it will attempt to send as a Satellite Message. Messages sent via Wi-Fi or cellular networks do not count towards the plan allotment of your ZOLEO monthly Service Plan. You are however still responsible for charges from your wireless carrier/internet service provider.

   6. Location Sharing. Your current location may be shared with contacts who you select to share it with, or with the Emergency Response Coordination Servicein the event you initiate an SOS Emergency Signal. You may share your location within a single message to a single contact, or to multiple contacts who you assign as check-in contacts. You acknowledge that when automatic location sharing is enabled your check-in contacts will be able to see your path while the feature is enabled. It is your responsibility to ensure that you keep your check-in contacts up to date. Further, it is your responsibility to advise your check-in contacts that they have been selected to receive notifications of your location.  You may also consent, either at time of activation or via the MyZOLEO.com portal, to allow selected contacts or Emergency Responders to request your last known location from ZOLEO if they have reason for concern regarding your current well-being.

   7. Changes to Services.  ZOLEO and its Third-Party Service Providers reserve the exclusive right to make changes to the Services to comply with applicable laws, to maintain or improve the Services or for other business reasons, without notice to you and without liability for any changes in your ability to use the Services or the ZOLEO Products because of such changes.

7. Service Plans.  You must select a subscription (a “Service Plan") when you activate your ZOLEO Product and Services. Current available Service Plans may be found at www.zoleo.com. Service Plans are designed for consumer and business use and the terms in this agreement apply to all customers.

   1. Term. The minimum duration of monthly Service Plans is 90 days, starting on the date that you activate the Service (the “Term”). 

   2. Renewal. At the end of the Term, Monthly Service Plans automatically renew each month, unless you cancel your Service.

   3. Non-Refundable. Service Plan fees (whether original or renewed) are non-refundable unless ZOLEO cancels the Service, in which event you will receive a prorated refund for the unused portion of the Service Plan.  Service Plans are not transferable.

   4. Cancellation. To cancel your Service Plan and deactivate your ZOLEO device, please visit www.myzoleo.com.

   5. Suspension. You may temporarily suspend your Service up to one time per monthly billing cycle for a small monthly fee in accordance with your Service Plan.  While your Service is suspended, you may keep and use your ZOLEO SMS number and email address, however you will not have access to the SOS Emergency and Response Service or satellite-based text and email.  You may reactivate your Service any time by contacting customer care or online using myzoleo.com. Annual Service Plans (if available) may not be suspended.

   6. Termination by ZOLEO. You agree that ZOLEO may terminate this Agreement and the provision of Services to you with thirty (30) days’ notice and without further liability if ZOLEO determines, in its absolute discretion, that you are in breach of this Agreement, or such shorter period if you violate our Fair Use Policy as described below.

   7. Additional Charges. Your cellular service provider and/or internet provider may charge you or your recipients additional fees in relation to any Messages and/or data used by you. Please familiarize yourself with any such fees before using your ZOLEO Product, as you and/or your recipients are responsible for any such applicable charges and fees.

8. Use and Misuse.

   1. Personal and Business Use Only. Your Service Plan is for personal, recreational, or business use. Unless otherwise authorized by ZOLEO, you may not rent, lease, or otherwise distribute the ZOLEO Product and/or the Services or any information or services associated with or derived from the ZOLEO Product and/or the Services without written consent from ZOLEO.

   2. Authorized Users and Device Sharing. You are solely responsible, and assume any liability, for any user authorized by you to utilize the ZOLEO Product and/or the Services. You may share your device occasionally with other users subject the terms of your Service Plan and our Fair Use Policy described below. You should not share your device with a large number of users on a regular basis as that may violate the fair usage policy set out below in section 8 (e). If you share your device with any other person, you are solely responsible to provide them with accurate and complete usage instructions and Service Plan terms and conditions to all your authorized users. Some Services may only be available to the primary, registered user. You must carefully read the applicable terms and user instructions to see if restrictions apply.

   3. Misuse. You agree that you will not use the Services or the ZOLEO Product: (1) to abuse or misuse the SOS Emergency Service, (2) to send Messages that are offensive, defamatory, abusive or obscene or intended to harass (3) for any purpose in violation of applicable law, (4) in any manner that infringes or misappropriates third party rights, or (5) in any manner that overloads or unreasonably interferes with the Services or the Communication Systems. You agree to use the Services only with the ZOLEO Product and not to use any other equipment in connection with the Services unless expressly approved by ZOLEO. Failure to adhere to these restrictions may result in termination of this Agreement by ZOLEO. You agree that you will not attempt to unlock, modify, or reverse engineer your ZOLEO Product to perform additional functions, operate outside the Iridium satellite network, resell the ZOLEO Product or device to a third party, or for any purpose otherwise not permitted by this agreement.

   4. False SOS Emergency Signals. You are solely responsible for any charges that may be assessed by Emergency Responders for either false SOS Emergency Signals and/or in relation to search and rescue activities resulting from you or your authorized users’ transmission of a SOS Emergency Signal. In addition, should you deliberately or negligently misuse the SOS Emergency Service, the Emergency Response Coordination Service reserves the right to assess a fee to recoup its costs in relation to responding to such misuse. Negligent and deliberate misuse includes, but is not limited to, pressing the SOS button to ‘see if it works’ or otherwise knowingly pressing the SOS button when no emergency situation exists. Should it be determined by ZOLEO that you have deliberately or negligently misused the SOS Emergency Service, you agree that ZOLEO may bill your credit card the appropriate fee, calculated at a rate of $400 per hour, or stated part thereof, for a minimum charge of one (1) hour and maximum charge of two (2) hours, for each such false SOS Emergency Signal event, and you shall be responsible to pay any such fee. ZOLEO reserves the right to terminate your Services, in the event of your misuse of the SOS Emergency Service.

   5. Fair Use Policy.  A fair use policy applies to the Services. The ZOLEO service is intended primarily for safety usage and timely communications with critical contacts. If your use of unlimited Services including Messages grossly exceeds average typical usage, ZOLEO may, at its option, terminate your Service Plan, suspend your Service Plan, or change your Service Plan to one with no unlimited usage components. Where reasonable, ZOLEO will provide you with notice of improper usage before suspension or termination of your Service Plan. We may apply limits to your usage of any Service Plan for a variety of reasons including: if your use of our Services is not appropriate or fair, if it affects (or may affect) other users’ enjoyment of the Service, or if it is significantly different from the usage that we would expect from a customer, particularly with respect to the use of SMS messages and/or network data consumption.  ZOLEO reserves the right to actively monitor usage including network data consumption.

9. Payments.

   1. Timely Payments. You agree to pay, on time, any applicable activation fees for your Service Plan, usage, and cancellation fees, plus any applicable taxes, surcharges, and fees as provided in your Service Plan and any other fees described herein. ZOLEO will bill your account in accordance with the terms of your Service Plan and bill cycle. This bill is due and payable in the currency specified in your Service Plan. Recurring charges are billed one month in advance.

   2. Late Payments. You agree to pay a late charge of 1.5% per month if your bill is not paid by the due date. This late charge is applicable to the unpaid balance as of the due date and will be billed on subsequent invoices and statements. You agree to pay ZOLEO all costs associated with the collection of any outstanding fees owed by you, including without limitation the standard fees of any collection agency, reasonable attorney and legal fees, and any other costs incurred by ZOLEO in exercising any of its rights under this Agreement. ZOLEO may suspend the Services in the event of late or non-payment payment with immediate effect. ZOLEO may charge a fee for the reactivation of any suspended Service Plan.

   3. Promotions. If you use a promotion code for your purchase, you certify that you qualify for the applicable promotion. You agree to the terms of the promotion, including any time limitations.

   4. Data Transmission / No Credits. ZOLEO will exercise a commercially reasonable level of care but makes no representation as to the success of any data transmission. Regardless of whether a data transmission is successful, no refunds will be given. In addition to limitations resulting from incorrect use (e.g., next to or under an obstruction), satellite communications systems have inherent characteristics that can create dropped data transmissions. Dropped data transmissions, regardless of type, will not be credited regardless of cause. Nor shall ZOLEO be liable for any damages that may result from such dropped data transmission.

   5. Taxes. If not already included in your Service Plan price, you are responsible for sales, usage, excise, ad valorem, goods and services, harmonized sales, property, or any other taxes now or hereafter imposed, directly or indirectly, by any governmental authority or agency with respect to the Service.

   6. Credit Approval/ Pre-authorization: Initiation or continuation of the Services is subject to credit approval by ZOLEO and requires direct payment by credit or debit card or an authorized guarantee of payment by a valid credit card accepted in the region where you activate your ZOLEO Service. Credit cards issued in countries not currently supported by ZOLEO may not be accepted or may delay order processing. When you apply to activate your Service, you represent that you are the authorized owner or user of your credit or debit card and that you are a responsible party for that card.You agree that ZOLEO may seek prior authorization of your credit or debit card account, and you authorize ZOLEO to automatically charge that card (or any replacement card if the original card is renewed, lost, stolen, or changed for any reason by the card issuer, and you or the issuer informs ZOLEO of the new replacement card account) for all fees or charges associated with your subscription including any renewal fees as described herein. ZOLEO reserves the right to decline approval of your application for Service if we cannot verify your information, including your name, address, card details to our satisfaction.

   7. Currency: All charges on your ZOLEO account will be in the currency selected when you activated your Service Plan.  If you use a credit card or other payment type that is based on a different currency, the amount showing on your credit card or payment statements may vary from month to month depending on the difference in the exchange rate at the time your credit card or payment type is charged. You may also incur additional fees and charges for foreign exchange conversions and/or international online transactions depending on the rates set by your credit card issuer or bank.  ZOLEO has no control over currency exchange rates or these additional fees and charges.  Please check with your credit card issuer or bank to see how these charges may apply you.

10. ZOLEO User Account, Websites, Licenses.

    1. Complete and Accurate Information. You acknowledge and accept that the information required in your ZOLEO user account, including your Registration Data, contact information, designated contacts, and supported service options, is essential for proper provision of the Services. You accordingly warrant and certify that the information supplied by you is accurate in all respects. It is your responsibility to ensure that the information supplied by you remains accurate, complete, and up to date. Changing your address from one country to another country may require changes to your Service Plan and may incur additional charges or taxes.

    2. Content License from You. You agree that you are solely responsible for (and that ZOLEO has no responsibility to you or to any third party for) any content that you create, transmit or display (the “Content”) while using the Services and any associated software and for the consequences of your actions by doing so. You hereby provide ZOLEO with a license to disclose such Content, which may include but is not limited to your location, to Third-Party Service Providers as defined herein for the express purpose of delivering our Service.  You also agree that this license includes a right for ZOLEO to disclose personal information such as your name, address, contact details, and current location to Third-Party Service Providers, competent legal authorities, or your authorized contact(s) in connection with your use of the SOS Emergency Service and/or to assist in an emergency response or other lawful purpose.  You understand and agree that ZOLEO may be required to transmit or distribute your Content over various public communications networks and in various media, and/or to make changes to your Content in order to meet technical requirements of connecting networks, devices, services, or media.

    3. Third-Party Service Provider Licenses and Content: You acknowledge and agree that certain components of the ZOLEO Product and Service provided by Third-Party Service Providers (the “Third-Party Components”), including but not limited to software, services, and content, may be protected by intellectual property rights owned by such Third-Party Service Providers.  ZOLEO has been granted limited rights to sublicense such Third-Party Components to you solely for the purposes of using the ZOLEO Product and Service, and you may not use such Third-Party Components for any other purpose.

    4. Other Third-Party Licenses and Content. If, as part of your use of the Services and any associated software, you download software, access software online, or purchase goods that are provided by a third-party, then your use of these other services, software or goods may be subject to separate terms between you and the third-party provider. This third-party content may be protected by intellectual property rights which are owned by the third-party. Any reference or links to any third-party content does not constitute or imply its endorsement, sponsorship, or recommendation by ZOLEO or its licensors. Third-party product and service information are the sole responsibility of each individual third-party vendor or provider. In addition, it is possible that you may find some third-party content offensive, indecent or objectionable, and that, in this respect, you use the Services at your own risk. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective authors and not of ZOLEO. ZOLEO neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement by anyone other than authorized ZOLEO employees acting in their official capacities. You understand and acknowledge that ZOLEO is not responsible for and does not monitor third-party content for accuracy or reliability.

    5. Privacy, Data Protection. ZOLEO is committed to maintaining your privacy. For information on how your personal information is collected, used, and disclosed by ZOLEO in connection with your use of the Services, please consult our Privacy Policy available at http://www.zoleo.com/privacy-policy.

11. Using your ZOLEO Product.

    1. Familiarization with your ZOLEO Product. You understand and agree that it is your responsibility to familiarize yourself with the operation of your ZOLEO Product, including reading your User Manual, available at www.zoleo.com. You agree that you will use the ZOLEO Product only in accordance with those instructions. It is also highly recommended that you practice properly using your ZOLEO Product by sending test Messages including GPS location data.

    2. Important Tips.  Your ZOLEO Product needs a clear view of the sky to obtain a GPS signal and provide the most accurate location information. It is not reliable indoors, in caves, or where the sky is not visible. Orienting your ZOLEO Product so that top of the device is oriented to the sky will improve performance, and you should keep your ZOLEO Product at least 12 inches away from other GPS devices and mobile phones. Please read your Quick Start Guide or User Manual and follow the instructions to connect your ZOLEO Product with a smartphone.

    3. ZOLEO Online Account Data. You acknowledge that it is your sole responsibility to ensure that you have followed the activation process outlined on www.zoleo.com to update details related to your contact information, designated SOS, and check-in contacts, and supported ZOLEO Service options on your account.

12. REPRESENTATIONS, WARRANTIES AND LIMITATIONS OF LIABILITY. 

    1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE, THE ZOLEO PRODUCT AND ANY ASSOCIATED SOFTWARE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE ZOLEO PRODUCT AND ANY ASSOCIATED SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ALL OTHER WARRANTIES, REPRESENTATIONS, AND CONDITIONS (EXPRESS,  IMPLIED  OR STATUTORY) INCLUDING, BUT NOT LIMITED TO, (i) ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) THAT THE SERVICE, THE ZOLEO PRODUCT AND/OR ANY ASSOCIATED SOFTWARE WILL MEET YOUR REQUIREMENTS, (iii) THAT THE OPERATION WILL BE WITHOUT INTERRUPTION OR ERROR-FREE, OR OF SATISFACTORY QUALITY, (iv) THAT ANY DEFECTS IN THE SOFTWARE OR ZOLEO PRODUCT WILL BE CORRECTED,  OR THAT IT OR THEY WILL NOT INFRINGE ON ANY THIRD-PARTY RIGHTS; (v) OR ANY OTHER EXPRESS OR IMPLIED WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED FROM THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. ZOLEO GIVES NO WARRANTY IN RELATION TO THE AVAILABILITY, SUITABILITY OR ACCURACY OF THE SERVICE, THE ZOLEO PRODUCT, ANY ASSOCIATED SOFTWARE, OR IN RELATION TO AVAILABILITY, SUITABILITY OR MAINTENANCE OF THE COMMUNICATION SYSTEMS USED BY THE ZOLEO PRODUCT TO TRANSMIT DATA TRANSMISSIONS, INCLUDING SOS EMERGENCY SIGNALS. ZOLEO MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY TRANSMISSION OF A COMPUTER VIRUS, HACKING BY A THIRD PARTY, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY DISTRIBUTOR, RESELLER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR ZOLEO PRODUCT, OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE. THE APPLICATION IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES IN WHICH THE FAILURE OF THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. ZOLEO GIVES NO WARRANTY IN RELATION TO THE AVAILABILITY, SUITABILITY OR ACCURACY OF THE COMMUNICATION SYSTEMS, INCLUDING SOS EMERGENCY SIGNALS. ALL WEATHER FORECASTING ON ANY ZOLEO PRODUCT ARE PROVIDED BY A THIRD PARTY AND ZOLEO DOES NOT GUARANTEE THAT THE FORECASTING DISPLAYED ON THE ZOLEO WEBSITES AND DEVICES ARE ACCURATE AND ZOLEO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTEES REGARDING THE USE OF SUCH INFORMATION IN TERMS OF ITS CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. YOU ACKNOWLEDGE THAT ALL DECISIONS MADE USING THE WEBSITES’ OR DEVICE CONTENT WILL BE YOUR SOLE RESPONSIBILITY. ZOLEO EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY ADVERSE CONSEQUENCES OR DAMAGES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY AND/OR DEATH, RESULTING FROM YOUR USE OF THE ZOLEO WEBSITES OR RELIANCE ON THE WEBSITES’ CONTENT AND FORECASTS.

    2. ZOLEO AND ITS THIRD-PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS, HEREBY EXCLUDE AND DISCLAIM ALL LIABILITY, WHETHER RESULTING FROM CONTRACT, TORT (INCLUDING LIABILITY FOR FAULT, NEGLIGENCE OR BREACH OF STATUTORY DUTY) OR OTHERWISE IN RESPECT OF ANY LOSS, DAMAGE, COSTS, EXPENSES OR OTHER CLAIMS RESULTING FROM THE ACTS OR OMISSIONS OF SUCH PARTIES, FOR ANY FAULTS, FAILURES OR INADEQUACIES OF THE COMMUNICATION SYSTEMS, THE ZOLEO PRODUCT, THE SERVICES OR THE SOS EMERGENCY SERVICE AND RESPONSE, INCLUDING ANY FAILURE OR DELAY IN THE PROVISION OF SERVICES FOR ANY REASON, OR CAUSE, INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY ANY OF THE FOLLOWING, WHICH, IF THEY SHOULD OCCUR, COULD LEAD TO A LOSS OF COMMUNICATIONS AT A VITAL TIME RESULTING IN YOUR DEATH, PERSONAL INJURY TO YOU OR DAMAGE TO YOUR PROPERTY:

       • MATTERS OUTSIDE OF ZOLEO’S OR ITS THIRD-PARTY SERVICE PROVIDERS’ REASONABLE CONTROL, WHICH SHALL INCLUDE, BUT ARE NOT LIMITED TO, OUTBREAK OF HOSTILITIES, RIOT, CIVIL DISTURBANCE, ACTS OF TERRORISM, FIRE, EXPLOSION, FLOOD, SNOW, FOG OR OTHER INCLEMENT WEATHER CONDITIONS, FAILURE OF THE COMMUNICATION SYSTEMS, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, SURGES IN THE ELECTRICAL MAINS OR CURRENTS, DAMAGE CAUSED BY ELECTROMAGNETIC INTERFERENCE, THEFT, MALICIOUS DAMAGE, STRIKE, LOCK OUT OR INDUSTRIAL ACTION OF ANY KIND; OR FAILURE, DELAY OR INACCURACY OF THE GPS SATELLITES IN PROVIDING RELEVANT LOCATION COORDINATES; OR
       • FAILURE, DELAY, OR INACCURACY OF THE ZOLEO PRODUCT TO PROCESS AND/OR TRANSMIT DATA TRANSMISSIONS, INCLUDING SOS EMERGENCY SIGNAL(S), AND/OR LOCATION COORDINATES, TO THE IRIDIUM SATELLITE SYSTEM, OR
       • FAILURE OF OR DELAY IN THE IRIDIUM SATELLITE SYSTEM AND/OR GROUND STATIONS TO PROCESS DATA TRANSMISSIONS, INCLUDING BUT NOT LIMITED TO SOS EMERGENCY SIGNAL(S), LOCATION COORDINATES, PREPROGRAMMED MESSAGES AND DISPLAY, AND TRANSMIT TO THE IDENTIFIED POINTS OF CONTACT AND/OR SOS EMERGENCY SERVICE PROVIDER AS APPROPRIATE, OR
       • FAILURE OF OR DELAY IN YOUR EMAIL OR CELLPHONE PROVIDER TO TRANSMIT THE MESSAGE TO YOU, OR FAILURE OF OR DELAY IN THE IERCC RESPONDING TO SOS EMERGENCY SIGNAL(S), OR
       • FAILURE OF OR DELAY IN THE ZOLEO PRODUCT TO TRANSMIT ANY MESSAGE(S) TO OR FROM THE ZOLEO DEVICE, OR
       • FAILURE OF OR DELAY ON BEHALF OF THE THIRD-PARTY SERVICE PROVIDERS, TO PERFORM THE APPLICABLE SERVICE FOR WHICH EACH IS CONTRACTED, OR
       • FAILURE TO OBTAIN A CLEAR LINE OF SIGHT TOWARD THE SATELLITE SYSTEMS, OR
       • FAILURE TO PROPERLY INSTALL OR CONFIGURE THE ZOLEO PRODUCTS, OR
       • FAILURE OF ZOLEO AND ITS THIRD-PARTY SERVICE PROVIDERS TO PROVIDE THE SERVICE(S), INCLUDING SOS EMERGENCY SERVICES, DUE TO THE SERVICE(S) HAVING BEEN SUSPENDED OR CANCELLED PURSUANT TO THE TERMS OF THIS AGREEMENT, OR
       • NON-COMPATABILITY OF ZOLEO PRODUCTS WITH SMARTPHONE OPERATING SYSTEMS AND THIRD-PARTY SOFTWARE.
       • THE ACTIONS, INACTIONS, FAILURES, ERRORS OR OMISSIONS OF THE SOS EMERGENCY SERVICE PROVIDER.
       • THE ACTIONS, INACTIONS, FAILURES, ERRORS OR OMISSIONS OF ANY EMERGENCY RESPONDER(S) IN ANY JURISDICTION; OR
       • FAILURE OR INADEQUACY OF POWER SUPPLY FOR ZOLEO PRODUCTS AND/OR ASSOCIATED PRODUCTS.

    3. IN NO EVENT SHALL ZOLEO OR ANY OF THIRD-PARTY SERVICE PROVIDERS, OR ITS OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR SUPPLIERS, HAVE ANY LIABILITY TO YOU FOR INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, RELIANCE, EXEMPLARY OR PUNITIVE LOSS, DAMAGE, COSTS OR EXPENSES (INCLUDING LOSS OF INCOME, MEDICAL AND OTHER EXPENSES, LOSS OF GUIDANCE, CARE AND COMPANIONSHIP) WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THE PROVISION OF THE ZOLEO PRODUCT, THE SERVICES (INCLUDING ANY DELAY IN PROVIDING OR FAILURE TO PROVIDE THE SERVICE) OR ITS OR THEIR USE BY YOU OR BY ANOTHER PERSON WHETHER OR NOT AUTHORIZED BY YOU TO UTILIZE THE SERVICES OR ZOLEO PRODUCT. IN NO EVENT SHALL THE TOTAL, MAXIMUM, AGGREGATE LIABILITY OF ZOLEO AND ITS THIRD-PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, ZOLEO’S SUPPLIERS’ SERVICES, OR THE ZOLEO PRODUCT, EXCEED THE AMOUNT OF THE SERVICE FEE PAID BY YOU TO ZOLEO IN THE TWELVE (12) MONTHS PRECEDING ANY CLAIM FOR LOSS OR DAMAGES.

    4. THE LIMITATIONS IN THIS SECTION ‎12 SHALL APPLY TO ALL CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES HOWSOEVER CAUSED AND WHETHER FOR BREACH OF CONTRACT, IN TORT, BY WAY OF NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE.

    5. LEGAL NOTICES AND END USER LICENSE AGREEMENT. YOUR ZOLEO PRODUCT AND SPECIFICALLY YOUR USE OF THE ZOLEO APP ARE ALSO GOVERNED BY THE END USER LICENSE AGREEMENT, WHICH CAN BE VIEWED AT WWW.ZOLEO.COM AND WHOSE TERMS ARE HEREBY INCORPORATED BY REFERENCE.

13. INDEMNIFICATION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ZOLEO AND ITS AFFILIATES, LICENSORS, THIRD-PARTY SERVICE PROVIDERS AND SUPPLIERS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, SUITS OR PROCEEDINGS, AS WELL AS ANY AND ALL LOSSES, LIABILITIES, DAMAGES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE ZOLEO PRODUCT, THE SERVICES AND ANY ASSOCIATED SOFTWARE.

14. INTELLECTUAL PROPERTY. ZOLEO, AND RELATED TRADEMARKS, NAMES AND LOGOS ARE THE PROPERTY OF ZOLEO AND ITS AFFILIATES AND ARE REGISTERED AND/OR USED IN THE U.S. AND COUNTRIES AROUND THE WORLD. THE ZOLEO PRODUCT AND OTHER DEVICES AND/OR ASSOCIATED SOFTWARE AND DATA, INCLUDING GEOGRAPHIC DATA, ARE PROTECTED BY COPYRIGHT, INTERNATIONAL TREATIES, AND VARIOUS PATENTS. THE DOCUMENTATION, INCLUDING ALL DOCUMENTATION INCORPORATED BY REFERENCE HEREIN, SUCH AS DOCUMENTATION PROVIDED OR MADE AVAILABLE AT WWW.ZOLEO.COM, IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT CONDITION, ENDORSEMENT, REPRESENTATION, OR WARRANTY OF ANY KIND BY ZOLEO OR ITS AFFILIATES. ZOLEO AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY TYPOGRAPHICAL, TECHNICAL, OR OTHER INACCURACIES, ERRORS, OR OMISSIONS IN THIS DOCUMENTATION. © ZOLEO, INC. ALL RIGHTS RESERVED.

15. Export Restrictions. Access or use of the ZOLEO Product and any Services from locations outside of the regions currently supported by ZOLEO is on your own initiative.  When accessing the Services, it is exclusively your own obligation to ensure your compliance with: (i) the laws of the jurisdiction in which you are physically using the Services; and (ii) the laws of the jurisdiction in which your ZOLEO user account is registered.  ZOLEO DOES NOT TAKE ANY STEPS TO PREVENT THE USE OF THE SERVICES IN ANY JURISDICTION. You may not use or otherwise export or re-export the ZOLOEO Product to any country in violation of the export control laws of the jurisdiction(s) in which the device and service was obtained unless expressly authorized by said jurisdiction. The ZOLEO Product and Service may not be used, transferred, exported or re-exported into any U.S. embargoed countries or to or by a national or resident thereof, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List, Unverified List, or Entity List or the U.S. Department of State’s Nonproliferation Sanctions List. The restrictions set out above also apply to any countries or to or by a national or resident thereof subject to European Union export controls, restrictive measures/sanctions or embargos.  By using the Product and Service, you represent and warrant that you are not located in any such country or on any such list and that you are not a national or resident of any such country. You acknowledge that the countries and individuals on all such lists are subject to change without notice.  

16. Entire Agreement. This Agreement and any terms incorporated into this Agreement by reference constitutes the entire agreement between the Parties with respect to the subject matter hereof. Any headings are provided for convenience only.

17. No Waiver, Survival. The failure of ZOLEO to exercise or enforce any right under this Agreement shall not constitute a waiver of such right. All rights and remedies granted to ZOLEO are cumulative and not alternate. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining terms and conditions of this Agreement, and the parties shall substitute a valid provision that most nearly approximates the intent and economic effect of the invalid or unenforceable one. Any provisions that expressly or by their nature should survive termination of this Agreement, including payment obligations, disclaimer of warranty, rights of indemnity and limitation of liability, shall survive such termination.

18. Assignment. You may not assign this Agreement or any of your rights or obligations hereunder, but ZOLEO may assign this Agreement and any of its rights and obligations hereunder. This Agreement inures to the benefit of and is binding on the parties’ respective successors and assigns.

19. Prevailing Language. The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any errors, omissions or inconsistencies with translated versions in other languages.

20. Governing Law.  This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction of your ZOLEO Service Provider described below, without giving effect to conflict of laws provisions. By using ZOLEO Products and Services, you agree that any and all disputes arising under this Agreement, whether as to interpretation, performance or otherwise, shall be subject to the exclusive jurisdiction of the courts of your ZOLEO Service Provider, and you irrevocably waive any rights to claim the same is an inconvenient forum.  This Agreement may be subject to mandatory local laws applicable in your country of residence including Mandatory Consumer Rights.

21. ZOLEO Service Providers.  The entity providing ZOLEO Products and Services depends on your location as described in the following table, subject to change upon notice by ZOLEO.  The addresses shown below are strictly for the purpose of providing legal notices.  Please submit payments or purchase orders to the address indicated on your invoice or service contract.