End-User License Agreement

Last Updated: 2024-07-02

This End-User License Agreement (the “Agreement”) is a binding agreement between you (“End-User,” “you”or “your”) and Safeguard Equipment, Inc. (“Safeguard,” “we,” “us,” or “our”). This Agreement governs therelationship between you and us and your use of the Service. Throughout this Agreement, End-User andSafeguard may each be referred to as a “Party” or collectively, the “Parties.”

If you are using the Service on behalf of your employer or other entity (an “Organization”) for whose benefit you utilize the Service or who owns or otherwise controls the means through which you use or access theService, the terms “End User,” “you,” and “your” shall apply collectively to you as an individual and to theOrganization. If you use or purchase a license or access the Service on behalf of an Organization, you herebyacknowledge, warrant, and covenant that you have the authority to 1) purchase a license to the Service onbehalf of the Organization; and 2) bind the Organization to the terms of this Agreement.

By downloading, installing, accessing, or using the App, you: (a) affirm that you have all of the necessary permissions and authorizations to access and use the Service; (b) if you are using the Service pursuant to a license purchased by an organization, that you are authorized by that organization to access and use the Service; (c) acknowledge that you have read and understand this Agreement; (d) represent that you are of sound mind and of legal age (18 years of age orolder) to enter into a binding agreement, and (e) accept and agree to be legally bound by the terms and conditions of this Agreement.If you disagree with these terms, do not download, install, access, or use the Service. If you have alreadydownloaded the App, delete it from your computing device.The Service is licensed, not sold, to you by Safeguard for use strictly in accordance with the terms of thisAgreement.

THIS AGREEMENT INCLUDES AN ARBITRATION CLAUSE, WHICH PROVIDES FOR A CLASS ACTIONWAIVER AND A JURY TRIAL WAIVER. UNLESS YOU TIMELY OPT OUT OF THIS ARBITRATIONCLAUSE, YOU AND SAFEGUARD AGREE THAT ANY DISPUTE RELATING TO THIS AGREEMENT MUSTBE RESOLVED BY INDIVIDUAL MANDATORY ARBITRATION.

1. Definitions and Key Terms

To help explain things as clearly as possible in this End-User License Agreement, every time any of these terms are referenced, they are defined as follows:

• App: means the Compass Pro mobile application, including without limitation any Softwareincorporated therein, along with any documentation accompanying the foregoing, and any updates or supplements to such Software and documentation.

• Service: means the App and the websites, application programming interfaces, and other online servicesprovided by Safeguard that relate to the
• Software: means the proprietary code and embedded or externally referenced media assets or librariesthat provide for the functionality offered by the Service, including without limitation any source code andobject code, images, music, media, templates, data, and any associated user.

2. Apple App Store

The App is made available through the Apple App Store and the following terms apply: You are not entering into an agreement with Apple, Inc. (“Apple”). Safeguard, and not Apple, is solely responsible for the App and its content.Your use is limited to use on Apple-branded Products that you own or control and as permitted by the UsageRules set forth in the App Store Terms of Service, except that the App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing. The terms of this Agreement are subject to the terms of the Apple App Store Terms of Service, which you acknowledge you have had the opportunity to review. Apple and Apple’s subsidiaries are intended third-party beneficiaries of this Agreement.

In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Applewill refund the purchase price, which to the extent permitted by law will constitute Apple’s sole and exclusive obligation with respect to the App. Safeguard and you acknowledge that Apple and has no obligation whatsoever to furnish any maintenanceand support services with respect to the App.

Safeguard, not Apple, is responsible for addressing your claims relating to the App, including product liabilityclaims, legal or regulatory noncompliance, and claims arising under consumer protection, privacy, or similarlegislation; and to the extent any obligation exists with respect to a third-party claim that the App infringes a third-party’s intellectual property rights, Safeguard, not Apple, will be responsible for the investigation,defense, settlement, and discharge of such claim.

3. Google Play Store

The App is made available through the Google Play Store and the following terms apply: You are not entering into an agreement with Google LLC (“Google”). Safeguard, and not Google, is solely responsible for the App and its content. Your use is limited to use on Android-branded Products that you own or control and as permitted by the Usage Rules set forth in the Google Play Terms of Service, except that the App may be accessed and used by other accounts associated with the purchaser via Family Library or similar features. The terms of this Agreement are subject to the terms of the Google Play Terms of Service, which you acknowledge you have had the opportunity to review.

Google and Google’s subsidiaries are intended third-party beneficiaries of this Agreement.

In the event of any failure of the App to conform to any applicable warranty, You may notify Google, and Google will refund the purchase price, which to the extent permitted by law will constitute Google’s sole and exclusive obligation with respect to the App.

Safeguard and you acknowledge that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

Safeguard, not Google, is responsible for addressing your claims relating to the App, including product liability claims, legal or regulatory noncompliance, and claims arising under consumer protection, privacy, or similar legislation; and to the extent any obligation exists with respect to a third-party claim that the App infringes a third-party’s intellectual property rights, Safeguard, not Google, will be responsible for the investigation, defense, settlement and discharge of such claim.

4. Safeguard’s Emergency Text Message Program

Safeguard’s Emergency Text Message Program alerts a user’s in-app emergency contact list in the event of an emergency triggered by the user or by the user’s contacted hardware. The text message will containpertinent information including locations and nature of the emergency.

You can cancel the SMS service at any time. Just text “STOP” to the phone number +1(650)300-0586. Afteryou send the SMS message “STOP” to us, we will send you an SMS message to confirm that you are unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, text “START” to the phone number +1(650)300-0586.

If you are experiencing issues with the messaging program, you can get help directly at:frisk@safeguardequipment.com.

Carriers are not liable for delayed or undelivered messages.

As always, message and data rates may apply for any messages sent to you from us and to us from you. Youwill receive messages only in the event of an emergency. If you have any questions about your text plan ordata plan, it is best to contact your wireless provider.

If you have any questions regarding privacy, please read our privacy policy: https://safeguardequipment.com/privacy-policy.

4. Privacy Policy

The Safeguard Privacy Policy is available online at https://www.safeguard- equipment.com/end-user-license-agreement/ (the “Privacy Policy”). The Privacy Policy provides information about your privacy rightsand explains how Equipment protects your personal information.

5. License

Subject to the terms of this Agreement, Safeguard grants you a limited, non-exclusive, perpetual, revocable,and non-transferable license to download, install, and use the App and access and use the Service inaccordance with this Agreement.

6. Restrictions

You agree not to, and you will not permit others to:

• License,sell,rent,lease,assign,distribute,transmit,host,outsource,disclose,orotherwisecommerciallyexploittheApp,Service,andSoftwareormaketheApp,Service,andSoftwareavailabletoanythird
• Modify,makederivativeworksof,disassemble,decrypt,reversecompile,orreverseengineeranypartoftheApp,Service,and
• Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Safeguard or its affiliates, partners, suppliers, or the licensors of the App, Service, andSoftware.

7. Intellectual Property

All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whetherpatentable or not), trademarks, service marks, trade secrets, know- how and other confidential information, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwillassociated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights”) that arepart of the Service that Safeguard otherwise owns shall always remain the exclusive property of Safeguard(or of its suppliers or licensors, if and when applicable). Nothing in this Agreement grants you (or any third-party) a license to Safeguard’s Intellectual Property Rights.

You agree that this Agreement conveys a limited license to use Safeguard’s Intellectual Property Rightssolely as part of the Service (and not independently of it) and only for the effective Term of the license grantedto you hereunder. Accordingly, your use of any of Safeguard’s Intellectual Property Rights independently of the Service or outside the scope of this Agreement shall be considered an infringement of Safeguard’s Intellectual Property Rights. This shall not limit any claim Safeguard may have for a breach of contract in theevent you breach a term or condition of this Agreement. You shall use the highest standard of care to protectthe Service (including all copies thereof) from infringement, misappropriation, theft, misuse, or unauthorizedaccess. Except as expressly granted in this Agreement, Safeguard reserves and shall retain all rights, title,and interest in the Service, including without limitation all copyrights and copyright-protected subject matter,trademarks, patents and patentable subject matter, trade secrets, and other intellectual property rightsrelating thereto, whether registered, unregistered, granted, applied-for, whether now in existence or that maybe subsequently created.

8. Your Suggestions

Any feedback, comments, ideas, improvements, or suggestions (collectively, “Suggestions”) provided by youto Safeguard with respect to the Service shall remain the sole and exclusive property of Safeguard. By usingthe Service, you hereby assign to Safeguard any and all right, title, and interest in your Suggestions.Safeguard shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and inany way without any credit or any compensation to you.

9. Modifications

Safeguard Equipment reserves the right to modify, suspend, or discontinue the Service, whether temporarily or permanently, in whole or in part, at any time and without prior notice or liability to you.

10. Updates to Application

Safeguard Equipment may, from time to time, provide enhancements or improvements to the features/functionality of the Service, which may include patches, bug fixes, up- dates, upgrades, and other modifications (“Updates”).

Updates may modify or delete certain features and/or functionalities of the Service.

You agree that Safeguard Equipment has no obligation to (i) provide any Updates or (ii) continue to provide orenable any particular features and/or functionalities of the Service to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the Service, and (ii)subject to the terms and conditions of this Agreement.

11. Term and Termination

This Agreement shall remain in effect until terminated by you or Safeguard.

Safeguard may, at its sole discretion, at any time and for any or no reason, suspend or terminate thisAgreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from Safeguard, in the event that you fail tocomply with any provision of this Agreement. You may also terminate this Agreement by deleting the App andSoftware and all copies thereof in your possession or control.

Upon termination of this Agreement, you shall cease all use of the Service and delete all copies of the App andSoftware from your computer and/or other device(s).

Termination of this Agreement will not limit any of Safeguard Equipment’s rights or remedies at law or inequity in case of breach by you (during the term of this Agreement) of any of your obligations under thisAgreement.

12. Indemnification

You agree to indemnify, defend and hold harmless Safeguard and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies,claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to: i) your use or misuse of the Service; ii)your failure to comply with any applicable law, regulation, or government directive; iii) your breach of thisAgreement; or iv) your agreement or relationship with an Organization (if applicable) or any third party.Furthermore, you agree that Safeguard assumes no responsibility for the information or content you submit ormake available through the Service or the content that is made available to you by third parties.

13. No Warranties

THE SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND WITH ALL FAULTS ANDDEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDERAPPLICABLE LAW, SAFEGUARD EQUIPMENT, ON ITS OWN BEHALF AND ON BEHALF OF ITSAFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLYDISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITHRESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THATMAY ARISE OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADEPRACTICE. WITHOUT LIMITATION TO THE FOREGOING, SAFEGUARD PROVIDES NO WARRANTYOR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILLMEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORKWITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUTINTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE ORTHAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

Without limiting the foregoing, Safeguard makes no representation or warranty of any kind, express or implied:(i) as to the operation or availability of the Service, or the information, content, and materials or productsincluded thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, orcurrency of any information or content provided through the Service; or (iv) that the Service, its servers, thecontent, or emails sent from or on behalf of Safeguard are free of viruses, scripts, trojan horses, worms,malware, time bombs or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on theapplicable statutory rights of a consumer, so some or all of the above exclusions and limitations may notapply to you.

14. Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of Safeguard and any of its suppliersunder any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited tothe lesser of (i) the amount actually paid by you for the Service within the twelve (12) months prior to the datesuch cause of action accrues; or (ii) one hundred United States Dollars ($100).

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAFEGUARDEQUIPMENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGESWHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OFDATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJU- RY, FORLOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TOUSE THE SERVICE, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THESERVICE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT), EVEN IFSAFEGUARD EQUIPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVENIF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

15. Severability

The invalidity or unenforceability of any provision within this Agreement shall in no way affect the validity orenforceability of the remainder of this Agreement or any other provision hereof.

16. Waiver

No failure to exercise and no delay in exercising, on the part of Safeguard, any right or any power under thisAgreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any rightor power under this Agreement preclude further exercise of that or any other right granted herein. In the eventof a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreementshall govern.

17. Amendments tothisAgreement

Safeguard reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If an amendment is material, we will provide at least 30 days’ notice before any new terms take effect. Whatconstitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any amendment becomes effective, you agree to be boundby the amended terms. If you do not agree to the new terms, you are no longer authorized to use the Serviceand the license granted herein is immediately terminated.

18. No Employment orAgency Relationship

No provision of this Agreement, or any part of the relationship between you and Safeguard, is intended tocreate nor shall they be deemed or construed to create any relationship between you and Safeguard otherthan that of an end user of the Service.

19. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Washingtonwithout giving effect to its conflicts of law rules. Any dispute arising in connection with this agreement orbreach thereof shall be resolved in mandatory arbitration as set forth below, located in Spokane County,Washington. You consent to personal jurisdiction in Washington and waive all defenses to such jurisdictionand venue.

20. Dispute Resolution, Class Action Waiver, and Arbitration

General. This Section applies to each and every Dispute. For purposes of this Agreement, the term “Dispute”will be given the broadest possible meaning allowable under applicable law and shall mean any claim,dispute, action, or other controversy between you and Safeguard concerning this Agreement, the subjectmatter of Your agreements with Safeguard, or any product, service or information Safeguard makes availableto You, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis,except for claims, disputes, and controversies relating to the enforcement or validity of our intellectualproperty rights. In the event of a Dispute, you or Safeguard Equipment must give the other party a Notice ofDispute, which is a written statement that sets forth the name, address, and contact information of the partygiving it, the facts giving rise to the Dispute, and the relief requested. You must send any Notice of Dispute byU.S. Mail to: Safeguard Equipment, Inc., 4202 W Riverbend Ave, Post Falls, ID 83854. Safeguard Equipmentwill send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your emailaddress on file with Safeguard. You and Safeguard will attempt to resolve any Dispute through informalnegotiation within sixty (60) days from the date the Notice of Dispute is sent. Safeguard may choose to provide you with a final written settlement offer after receiving your Notice of Dispute (“Final SettlementOffer”). After sixty (60) days, either you or Safeguard may commence arbitration proceedings to resolve theDispute, as set forth below.

Binding Arbitration. If you and Safeguard do not resolve any Dispute by informal negotiation, any other effortto resolve the Dispute will be conducted exclusively by binding arbitration under the Federal Arbitration Act, 9U.S. Code section 1 et seq., and the provisions of this Agreement. The Dispute will be resolved by a neutralarbitrator

whose decision will be final except where appeal is required by applicable law.

Class Action Waiver. To the maximum extent permitted under applicable law, any proceedings to resolveany Dispute in any forum will be conducted solely on an individual basis. Neither you nor SafeguardEquipment will seek to have any Dispute heard as a class action or in any other proceeding in which eitherparty acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined withanother without the prior written consent of all parties to all affected arbitrations or proceedings. If this waiveris found to be illegal or unenforceable as to all or some parts of a Dispute, then it will not apply to those parts.Instead, those parts will be severed and will proceed in a court of law, with the remaining parts proceeding inarbitration.

Arbitration Procedure. Arbitration will be administered by the American Arbitration Association (the “AAA”)under its Commercial Arbitration Rules. An AAA Demand for Arbitration may be found on the AAA websitelocated at: www.adr.org. Any in-person hearing in the arbitration will be held in Spokane County, Washington,USA. Either You or Safe- guard Equipment may request a telephonic or in-person hearing by following theAAA rules. In a Dispute involving Ten Thousand Dollars ($10,000.00) or less, any hearing will be telephonicunless the arbitrator finds good cause to hold an in-person hearing instead. You and Safeguard Equipmenthereby agree to accord this arbitration agreement the broadest scope permissible under applicable law andthat it shall be interpreted in a non-restrictive manner. The arbitrator will determine whether a claim orcontroversy is a Dispute that is subject to arbitration. The arbitrator may award the same relief to youindividually as a court could award. The arbitrator may award declaratory or injunctive relief only to youindividually, and only to the extent required to satisfy your individual claim. The arbitrator may awardcompensatory damages, but shall NOT be authorized to award non-economic damages, such as for emotionaldistress or pain and suffering, punitive damages, or indirect, incidental or consequential damages. Each partyshall bear its own attorneys’ fees, costs and disbursements arising out of the arbitration, and shall pay anequal share of the fees and costs of the arbitrator and AAA; provided, how- ever, that the arbitrator mayotherwise award you reimbursement of your reasonable attorneys’ fees and costs (including, for example,expert witness fees and travel expenses), and/or the fees and costs of the arbitrator and AAA. Within fifteen(15) calendar days after conclusion of the arbitration, the arbitrator shall issue a written award and, ifrequested by either party, a written statement of decision describing the material factual findings andconclusions on which the award is based, including the calculation of any damages awarded. Judgment onthe award may be entered by any court of competent jurisdiction. The parties waive their right to commenceany action or judicial proceeding in connection with a Dispute hereunder, except for purposes of: (i) recognitionand/or enforcement of the arbitration award or any other decision by the arbitral tribunal; (ii) obliging the otherparty to participate in the arbitration proceedings; (iii) requesting any type of conservative or interim measurein connection with the Dispute prior to the constitution of the arbitral tribunal; (iv) requesting the appearance ofwitnesses and/or experts; and/or (v) requesting that any information and/or documentation discovery becomplied with. By agreeing to this binding arbitration provision, you understand that you are waiving certainrights and protections which may otherwise be available if a Dispute were determined by litigation in courtincluding, without limitation, the right to seek or obtain certain types of damages precluded by this arbitrationprovision, the right to a jury trial, certain rights of appeal, the right bring a claim as a class member in anypurported class or representative proceeding, and the right to invoke formal rules of procedure and evidence.In the event of any conflict between the applicable arbitration rules and the terms of this arbitration provision,the terms of this arbitration provision will control.

Disputes to be Filed Within One Year. To the extent permitted by applicable law, arbitration of any Disputemust be initiated within one (1) year from the date the cause of action accrued. If a Dispute is not initiatedwithin one (1) year, it will be permanently barred.

21. EquitableRelief

You agree that we would be irreparably damaged if the terms of this Agreement are not specifically enforced.Therefore, in addition to any other remedy that Safeguard may have at law, and notwithstanding the foregoingagreement to arbitrate Disputes, Safeguard will be entitled, without bond or other security, or proof of damages,to seek appropriate equitable remedies with respect to your violation of this Agreement in any court ofcompetent jurisdiction.

22. Headings

The headings in this Agreement are for reference only and shall not limit the scope of, or otherwise affect,the interpretation of this Agreement.

23. GeographicRestrictions

Safeguard is based in the United States and the Service is provided for access and use solely by personslocated in the United States, and it maintains compliance with United States laws and regulations. If you usethe App from outside the United States, you are solely and exclusively responsible for compliance with locallaws.

24. EntireAgreement

The Agreement constitutes the entire agreement between you and Safeguard regarding your use of theService and supersedes all prior and contemporaneous written or oral agreements between you andSafeguard.

You may be subject to additional terms and conditions that apply when you use or purchase otherSafeguard’s services, which Safeguard will provide to you at the time of such use or purchase.

Contact Us

Don’t hesitate to contact us if you have any questions about this Agreement.

• Email:sales@safeguardequipment.com
• PhoneNumber: (208)773-9263
• Link:https://www.safeguardequipment.com/
• Address:4202 W Riverbend Ave, Post Falls, ID 83854