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Terms & Conditions

Last Updated: January 31, 2022

NOTICE TO USER: USE OF YOUR ZOLEO PRODUCT CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, DO NOT USE THE ZOLEO PRODUCT AND RETURN IT TO POINT OF PURCHASE.

You understand and agree that:

Agreement: This document (“Agreement”) between you and ZOLEO Inc., together with the End User License Agreement and Privacy Policy found at www.zoleo.com, sets forth the terms and conditions of your use of the ZOLEO Product and the Service (as those terms are defined herein). The term of the Agreement starts when you first activate your ZOLEO Service for any ZOLEO hardware device or smartphone application (“ZOLEO Product”). The “ZOLEO Product” is defined to include the ZOLEO device, the ZOLEO mobile app, the ZOLEO online portal and any replacement products and/or any associated software.
Changes: 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.
Coverage: You may use your ZOLEO Product anywhere there is network coverage (subject to any applicable restrictions due to export laws, local laws, licensing requirements and regulations).
Limitations: 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.

SERVICES: You must subscribe to a ZOLEO Service Plan (as defined herein) to utilize your ZOLEO Product, including the SOS Emergency Service. Collectively, all of the services presented in this Section 2 are referred to throughout this Agreement as the “Service” or “Services”. Please note that while your Service is in suspension mode, it will not transmit or receive messages and therefore cannot be used for the SOS Emergency Service.
1. SOS Emergency: Your ZOLEO Service includes SOS emergency service (the “SOS Emergency Service”), as more fully described in section 1 and the below section 2. ZOLEO has contracted with a third-party International Emergency Response Coordination Centre (the “IERCC”) to provide SOS emergency monitoring services. Provision of SOS Emergency Service is subject to the terms of this Agreement and the terms and conditions of IERCC detailed herein. ZOLEO reserves the right to disclose personal and location data including ZOLEO Messages to the IERCC and other Third-Party Service Providers in the event of an SOS emergency, and/or to competent legal authority, as well as to remotely activate SOS features when notified by competent legal authority that a distress situation exists for the user. ZOLEO intends that the IERCC 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 the IERCC; and (ii) it is possible that at some times and some locations, the IERCC will not receive your transmission or that your transmission will be delayed. The emergency responder(s) shall, without any input from or discussion with ZOLEO, determine when, how, even if, to conduct a search and rescue in accordance with their standard policies and procedures, 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). In no event does the Agreement create a duty to rescue. ZOLEO does not contract directly with any emergency responder(s). ZOLEO assumes NO LIABILITY WHATSOEVER for the actions, inactions, failures, errors or omissions of any emergency responder(s) in any jurisdiction.
2. SOS Monitoring: You can use your ZOLEO device or ZOLEO mobile app in conjunction with your ZOLEO device to transmit an SOS signal to the IERCC (an “SOS Emergency Signal”). 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 IERCC. The IERCC maintains a database of emergency responders in regions throughout the world (the “IERCC Database”) and provides SOS Emergency Signal monitoring twenty-four (24) hours a day, seven (7) days a week and 365 days a year. Upon receipt of an SOS Emergency Signal, IERCC personnel will provide the SOS Emergency Service, which includes: i) contact, if available, the primary and secondary contacts identified by you in your Registration Data to attempt to validate the SOS Emergency Signal, ii) use the IERCC database to identify appropriate emergency responder(s) according to available location coordinates; iii) contact the appropriate emergency responder(s) and inform them of the relevant facts in the IERCC’s possession (including your Registration Data information and/or location coordinates); iv) if you are traveling outside of your home territory, and it is consistent with the IERCC’s procedures, contact the Embassy of your government consistent with your Registration Data, either in the jurisdiction identified by the available location coordinates or an alternate Embassy or Consulate of your government, as needed, and provide them all relevant facts in the IERCC’s possession; and v) provide updates of location coordinates as available to the identified emergency responder. Upon contacting the emergency responder(s) and/or, as appropriate, the Embassy or Consulate, and informing them of all relevant facts, ZOLEO and the IERCC are released from all further legal responsibility and/or obligation to take any further action whatsoever. Should the IERCC, without any input from or discussion with ZOLEO, have reasonable cause to believe that an emergency condition does not exist, the IERCC reserves the right to solely contact the primary and secondary contacts identified by you and otherwise not initiate the SOS Emergency Service. ZOLEO assumes NO LIABILITY WHATSOEVER for the actions, inactions, failures, errors or omissions of the IERCC.
3. False SOS Emergency Signal: 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, ZOLEO and the IERCC reserve the right to assess a fee in order 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, ZOLEO may in its sole discretion and without any further notice, bill your credit card the appropriate fee, calculated at a rate of $340 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.
4. Activate with ZOLEO ONLY: The ZOLEO Product is designed to be activated exclusively by ZOLEO on the Iridium network (the “Iridium Network”). In order to properly activate your ZOLEO Product, you must activate your ZOLEO Product directly with ZOLEO at www.zoleo.com/activate, or through an authorized ZOLEO distributor or reseller. 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 access to the SOS Emergency Service; and (iv) compromise, limit or prevent the proper function of the ZOLEO Product including but not limited to the SOS Emergency Signal and its proper response. Injury or death could result from use of a ZOLEO Product that is not properly activated.
5. Satellite Text Messages: Your ZOLEO device can be used for app-to-app, email and SMS messages (“Messages”) including Messages over the Iridium 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 an 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 to the Service, the ZOLEO email address is released and the SMS number is returned back to the 3rd party SMS provider. ZOLEO cannot guarantee the same SMS number or ZOLEO email address for future re-activations of a Service. ZOLEO also cannot guarantee the ZOLEO email address or SMS number has not been used by others in the past and, although there are SPAM filters in place, ZOLEO is not liable to cover costs for any incoming Messages received to your ZOLEO device in error. 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 monthly bill cycle.
6. 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 neither of these networks are available, 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. However, you are still responsible for charges from your wireless carrier/internet service provider.
7. Location Sharing: Your current location may be shared, with contacts who you select to share it with, or with the IERCC in the event you initiate an SOS Emergency Signal. You may share it 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, that 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.
ZOLEO SERVICE PLANS: The available Service Plans are set forth at www.zoleo.com/plans. These plans are designed for consumer and business use and the terms in this agreement apply to all customers. Your ZOLEO Service includes a monthly plan which you select at the time of activation (the “Service Plan”).
1. Term: The minimum duration of each Service Plan is 90 days, starting on the date that you activate the Service (the “Term”).
2. Renewal: At the end of the Term, each Service Plan automatically renews at the end of each month for an additional month unless you cancel your Service.
3. Non-Refundable: Service Plan fees 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.zoleo.com/login.
5. Suspension: You are permitted to suspend your Service Plan only once per monthly billing cycle and will be charged applicable fees in accordance with your Service Plan.
6. Changes to Services: You agree that ZOLEO or its Third-Party Service Providers may make changes to the Services in order 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 as a result of such changes.
7. 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.
8. Usage Notifications & Message Top-Up Bundles: ZOLEO may from time to time notify you of your Message usage and offer the option of purchasing a Message Top-Up Bundle. Message usage is calculated periodically, and such Usage Notifications may not reflect real-time data. You are responsible for additional usage fees and agree to pay such fees regardless of the accuracy or timeliness (including potential non-receipt) of a Usage Notification. Message Top-Up Bundles are non-refundable.
9. 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 are responsible for any such applicable charges and fees.
10. 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 sole discretion, 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 various reasons. These may include: 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.
PAYMENT:
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. ZOLEO will bill your credit card monthly in accordance with the terms of your Service Plan. This bill is due and payable in the currency specified in your Service Plan. Monthly recurring charges are billed monthly 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. 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/Credit Card Trial/Pre-Authorization: Initiation or continuation of the Services is subject to credit approval by ZOLEO and requires direct payment by credit card or an authorized guarantee of payment by a valid accepted credit card. Verification of credit cards issued by banks outside of the United States, Canada, Australia or New Zealand may delay order processing. ZOLEO may decline any credit card transaction. ZOLEO may seek authorization of your credit card account prior to your first activation/purchase to validate that you can charge the applicable fees to access the Services. By authorizing ZOLEO to charge a credit card trial/pre-authorization for the fees associated with your subscription, you are authorizing ZOLEO to automatically continue charging 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. You authorize the card issuer to pay any amounts described herein and authorize ZOLEO, or any other company that acts as a billing agent for ZOLEO, to continue to attempt to charge all sums described herein to your credit card account until such amounts are paid in full. This trial/pre-authorization amount is typically the equivalent of $1.00 (one dollar). It is not a charge but may appear to reduce your available balance by the authorization amount until your card’s next billing cycle. Please contact your card issuer if you have additional questions regarding when this amount will be removed from your statement.
7. Credit Card Authorization: By authorizing ZOLEO to debit your credit card, you represent that you are the authorized owner or user of your credit card and that you are a responsible party for that card.
8. New Zealand Customers: All chargers on your ZOLEO account are in Australian dollars and displayed in Australian (AUD) dollars. Your credit card will be charged in Australian dollars each month and the amount showing on your credit card statement will be different from your bill each month due to the difference in the exchange rate between the Australian and New Zealand dollar. These exchange rates are set by your credit card company and ZOLEO has no control over them. You may also incur an International Transaction fee depending on the features of your credit card if International Online transactions are not included. Please check with your Credit Card provider or Bank if this would apply to you. Again, ZOLEO has no control over these chargers.
DISCLAIMER OF WARRANTIES; LIABILITY:
1. Disclaimer of Warranty and Liability for the Services and Software: 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 OR IMPLIED) 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, OR OF QUIET ENJOYMENT, (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 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. ZOLEO DOES NOT GUARANTEE THAT THE FORECASTING DISPLAYED ON THE ZOLEO WEBSITES AND DEVICES ARE 100% ACCURATE AND 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.
LIMITATION OF LIABILITY:
1. 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 PROVIDED BY THE IERCC, 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:
  1. 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
  2. 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
  3. 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 IERCC AS APPROPRIATE; OR
  4. 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
  5. FAILURE OF OR DELAY IN THE ZOLEO PRODUCT TO TRANSMIT ANY MESSAGE(S) TO OR FROM THE ZOLEO DEVICE; OR
  6. FAILURE OF OR DELAY ON BEHALF OF THE THIRD-PARTY SERVICE PROVIDERS, TO PERFORM THE APPLICABLE SERVICE FOR WHICH EACH IS CONTRACTED; OR
  7. FAILURE TO OBTAIN A CLEAR LINE OF SIGHT TOWARD THE SATELLITE SYSTEMS; OR
  8. FAILURE TO PROPERLY INSTALL OR CONFIGURE THE ZOLEO PRODUCTS; OR
  9. 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
  10. NON-COMPATABILITY OF ZOLEO PRODUCTS WITH SMARTPHONE OPERATING SYSTEMS AND THIRD-PARTY SOFTWARE;
  11. THE ACTIONS, INACTIONS, FAILURES, ERRORS OR OMISSIONS OF THE IERCC;
  12. THE ACTIONS, INACTIONS, FAILURES, ERRORS OR OMISSIONS OF ANY EMERGENCY RESPONDER(S) IN ANY JURISDICTION; OR
  13. FAILURE OR INADEQUACY OF POWER SUPPLY FOR ZOLEO PRODUCTS AND/OR ASSOCIATED PRODUCTS.
2. 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.
3. THE LIMITATIONS IN THIS SECTION 6 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.
4. 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.
YOUR OBLIGATIONS:
1. Personal and Business Use: Generally, 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. 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 in order to perform additional functions, operate outside the ZOLEO Iridium network, resell the ZOLEO Product or device to a third party, or for any purpose otherwise not permitted by this agreement.
3. 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. You should not share your device with a large number of users on a regular basis. In addition, you agree to pass usage instructions and Service Plan terms and conditions to all of 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.
ZOLEO User Account, Websites:
1. ZOLEO Websites: Your use of the ZOLEO website is governed by the terms and conditions of use contained herein.
2. 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 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 (for example from the U.S. to Canada) may require changes to your Service Plan and may incur additional charges.
3. 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 while using the Services and any associated software and for the consequences of your actions by doing so. You acknowledge that the ZOLEO Messages may include your location information. Furthermore, you agree that this license includes a right for ZOLEO to make such content, which may include but is not limited to your location, available to other companies, organizations or individuals as required for the provision of the Services. ZOLEO may also disclose such personal data including ZOLEO Messages as may be in the possession of ZOLEO to third party service providers and/or competent legal authority in connection with your use of the SOS Emergency Service associated with your Service Plan in order to assist in the effectuation of a rescue. In order to provide the Services, ZOLEO may be required to transmit or distribute your content over various public communications networks and in various media. ZOLEO may also be required to make changes to your content, if so, required by the technical requirements of connecting networks, devices, services or media. ZOLEO reserves the right to disclose personal and location data as well as remotely activate SOS Emergency Service features when notified by competent legal authority that a distress situation exists for the user.
4. 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 necessarily 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. 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 www.zoleo.com.
GENERAL:
1. Export Restrictions: Access or use of the ZOLEO Product and any Services from other locations outside of the United States of America, Canada, Australia or New Zealand 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 ZOLEO product except as authorized by the laws of the jurisdiction(s) in which the device and service was obtained. You represent and warrant that you are not: (a) located in any country that is subject to a U.S. sanction or embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or b) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. By using the ZOLEO Product, the Services and any associated software, you represent and warrant that you are not located in any such country or on any such list.
2. Indemnity: 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.
3. Governing Law: This Agreement is governed by the laws of the Province of Ontario, Canada without giving effect to conflicts of laws principles. You hereby expressly consent to venue for any action by ZOLEO or any of its suppliers to enforce the provisions of this Agreement in Ontario, Canada, and waive any rights to claim the same is an inconvenient forum.
4. Entire Agreement: This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof. Any headings are provided for convenience only.
5. 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.
6. 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.
USE OF 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 or in a cave. 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.
4. Third-Party Service Providers: Each Third-Party Service Provider has their own terms and conditions for the use of their products and services, and your ability to use the ZOLEO Products and Services will be affected by your compliance with the terms and conditions for use of each Third-Party Service Providers’ products and services. As a condition of your use of the ZOLEO Product and Services, it is your obligation to familiarize yourself and comply with the terms and conditions of ZOLEO’s Third-Party Service Providers’ products and services at www.zoleo.com/third-party-terms.
COPYRIGHTS, INTELLECTUAL PROPERTY, PATENTS AND DOCUMENTATION © ZOLEO, Inc. All rights reserved. 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.