RISKWIRE, LLC
TERMS OF SERVICE

PLEASE READ THESE TERMS CAREFULLY.

RISKWIRE PROVIDES THE SERVICE SOLELY ON THE TERMS AND CONDITIONS STATED HEREIN. CUSTOMER MUST ACCEPT AND ALL USERS MUST COMPLY WITH THESE TERMS AS A CONDITION OF USING THE SERVICE. BY ACCEPTING THESE TERMS DURING THE REGISTRATION PROCESS, YOU (1) AGREE THAT YOU ARE LEGALLY BOUND BY THEM; AND (2) REPRESENT AND WARRANT THAT: (a) YOU ARE AT LEAST 18 YEARS OLD, AND (b) IF CUSTOMER IS A CORPORATION, GOVERNMENTAL ORGANIZATION, OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO AGREE TO THESE TERMS ON BEHALF OF CUSTOMER AND ALL AUTHORIZED USERS. IF CUSTOMER DOES NOT AGREE TO THESE TERMS, RISKWIRE WILL NOT AND DOES NOT LICENSE THE SERVICE TO CUSTOMER AND YOU MUST NOT ACCESS AND USE THE SERVICE.

Applicability, Changes

These Terms will continue in force and effect for as long as you use the Service unless RiskWire informs you otherwise. RiskWire reserves the right to change the Terms at any time in its sole business discretion. RiskWire will make reasonable efforts to notify users of changes to the Terms via the Service. RiskWire currently provides the Service under the "modONE" brand (the "modONE Service"). RiskWire may provide the Service under additional brand names in the future without amending or updating these Terms.

These Terms govern the use of the Service by all customers of RiskWire ("Customers") that are authorized to access and use the Service, as well as all individual employees, agents, or other persons Customer authorizes to use the service for its business purposes ("Users"). Users of the Service are referred to herein by the pronouns "you" or "your" in addition to the capitalized terms Customer and User.

Capitalized terms that are defined in these Terms, such as "Customer" or "Service," have the specific definitions given to them when they are used herein.

Customer Accounts

Customers must have a RiskWire account to use the Service (a "Customer Account"). Your Customer Account will be created when you register for the Service.

All Customers must create usernames and passwords when registering for the Service. This information should be kept strictly confidential. You are responsible for all use of the Service happening through your Customer Account. If you learn of any unauthorized use of the Service through your Customer Account, you should promptly notify RiskWire.

Subscription and Payment Terms

RiskWire provides the Service to Customers for a month-to-month subscription. RiskWire charges a monthly Service fee that is due and payable in advance each month. Customers may provide a credit card or other form of electronic payment used by RiskWire when registering for the Service. All applicable sales, use, value-added, excise, or other taxes are charged in addition to the subscription fees. Monthly Service fees are non-refundable once paid, unless RiskWire agrees otherwise in writing.

Current subscription prices and payment terms will be presented prior to Customer Account registration. RiskWire may change its subscription fees periodically. Current pricing information for the Service is available upon request at any time from RiskWire.

Customer's subscription to the Service will automatically renew each month until terminated. Either you or RiskWire may terminate your subscription at any time upon 30 days' notice to the other party. Subscription fee changes will not be effective until the Customer has had at least 30 days' notice.

RiskWire may suspend or terminate your access to the Service at any time if you materially breach these Terms. The failure to pay your subscription fees when due is a material breach of these Terms. RiskWire will be entitled to payment of its reasonable collection costs and legal fees incurred in collecting an any unpaid subscription fees.

Use of the Service

RiskWire grants Customer and their authorized Users the right to access and use the Service for legal business purposes.

The Service is not intended for use by anyone under age 18. Customers represent and warrant when registering for the Service that they and all of their Users are age 18 or older.

You may not use the Service if you are barred from doing so under the laws of the United States or any other country, including the country or your permanent residence from which you use the Service.

Required Consents

The Service enables Customers and their authorized Users to send text messages and other electronic communications to third parties ("Recipients") via a telephone. Before using such functionality, Customer will obtain, or require its authorized Users to obtain, any legally required consent from the Recipients to the receipt of such text messages and electronic communications.

Usage Restrictions

The Service is provided subject to the usage restrictions stated in this section. The restrictions enable RiskWire to retain control over the Service and make it consistently available to all of its Customers and Users.

Do not attempt to access or use the Service in any way other than through the standard interface. Do not attempt to rent, license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make the Service available to any third party. Do not use another software program or other technology to interoperate with, extract data or content from, or scrape or frame any data or content from the Service. Do not attempt to copy or create derivative works based on the Service, either on your own or through any third party. Do not attempt to produce a source listing, decompile, disassemble, or otherwise reverse engineer the Service.

You are prohibited from interfering with or disrupting the performance of the Service for other users. Do not attempt to gain unauthorized access to any data stored in the Service.

You may not remove or obscure any notices or markings, including without limitation, copyright, trademark, or confidentiality notices, or ownership notices on the Service, including any screens displayed by the Service.

RiskWire reserves the right to terminate your access to and use of the Service immediately and without prior notice if you violate the foregoing restrictions on use or otherwise violate these Terms.

User Data; Privacy

RiskWire does not own any text, documents, data, files, trademarks, service marks, logos, graphics, or other information or content that you enter into in or use with the Service (the "User Data"). You have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to the use of all User Data. You hereby grant RiskWire a royalty-free, worldwide, non-exclusive right and license to use, reproduce, modify, edit, adapt, publish, distribute, perform and display User Data solely for the purpose of providing the Service functionality to you and all other users. RiskWire will use reasonable commercial efforts to secure, protect, and maintain all User Data.

You acknowledge that RiskWire may contract with third party development, application hosting, or technology infrastructure services providers for purposes of providing the Service functionality ("Third Party Service Providers"). RiskWire will make reasonable commercial efforts to ensure that the Third-Party Service Providers abide by any applicable terms and conditions of these Terms. RiskWire is solely responsible for monitoring and supervising the work of the Third-Party Service Providers.

RiskWire may use personal information supplied by Customers to send announcements, administrative messages, and other information about the Service. You may be able to opt out of some of these communications. RiskWire's privacy practices are set forth in the separate RiskWire Privacy Policy. Please review it carefully. The current RiskWire Privacy Policy is incorporated into and made a part of these Terms by reference.

Maintenance and Support.

RiskWire will use reasonable commercial efforts to maintain the functionality of the Service for the term of Customer's subscription to the Service. RiskWire will make reasonable commercial efforts to correct or fix reported errors promptly after being notified of the problem.

Changes to the Service

RiskWire will review and evaluate the Service functionality on a continuing basis. Functionality or features may be added or removed in RiskWire's business discretion. RiskWire may also suspend or stop some functionality in its discretion.

RiskWire will make reasonable efforts to preserve User Data if it makes changes to the Service. If functionality is discontinued, where reasonably possible, RiskWire will give you reasonable advance notice and a chance to remove or download any affected User Data from the Service.

Intellectual Property Rights

RiskWire retains all ownership and intellectual property rights to the Service other than the limited access and usage rights granted to Customers. RiskWire may use any technology, ideas, concepts, know-how, methods, and techniques related to the Service that it learns from Users unless it specifically agrees otherwise. Nothing in these Terms shall be construed to prevent RiskWire from developing, marketing, selling, or licensing software products that may include the same or similar functionality to the Service.

Using the Service does not give you any intellectual property rights in the Service or any content stored in it other than your usage rights under these Terms. These Terms do not grant you the right to use any branding or logos used in the Service.

RiskWire may review User Data in its discretion and remove or refuse to display it if RiskWire believes that displaying it violates the law. Be aware: RiskWire does not actively review or monitor content submitted by Customers or Users, so you view any content displayed by the Service at your own risk.

Copyright Issues

If you are a copyright owner and believe your copyrighted material has been used on or displayed by the Service in a manner that constitutes copyright infringement, please report the violation to the RiskWire designated copyright agent by sending written and email notices to:

RiskWire, LLC

Attention: Chief Executive Officer

6 North 2nd Street, Suite 201

Fernandina Beach, Florida 32034

support@riskwirellc.com

Please include the following information in your notice to us: (1) a detailed description of the allegedly infringed copyrighted material, (2) a description of the location of such material on the Service, (3) your contact information, including address, telephone number, and email address, if any, (4) your statement that you have a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent or the law, (5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf, and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert copyright infringement and to submit the statement.

Warranties and Disclaimer

You understand and agree that these Terms create a legally binding contract governing your use of the Service. You warrant that your use of the Service will comply with all of your obligations to third parties and all applicable laws, rules, and regulations of all federal and state legal jurisdictions and governmental agencies.

You represent and warrant that: (1) you own or have secured sufficient intellectual property rights to submit or use any User Data with the Service for its ordinary and intended use; (2) your User Data does and will not contain any content that is unlawful, threatening, harassing, profane, tortuous, defamatory, libelous, deceptive, fraudulent, or violates a person's privacy or publicity rights; (3) your User Data does and will not contain a software virus or other harmful component; and (4) you will use the Service in full compliance will all applicable laws, rules, and regulations of the legal jurisdiction governing your use of the Service.

The Service may include informational content, such as the safety discussion guides provided with the modONE Service (the "Service Content"). All use of the Service Content is at the Customer and all Users' sole risk. RiskWire does not warrant or guaranty that any such content will be effective or produce the desired result, such as a safer workplace.

RISKWIRE PROVIDES THE SERVICE TO YOU "AS IS." RISKWIRE DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS CONCERNING THE PERFORMANCE, OPERATION, OR QUALITY OF THE SERVICE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, RISKWIRE MAKES NO WARRANTY OF ANY KIND THAT THE SERVICE WILL MEET CUSTOMER'S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, OR BE SECURE, ACCURATE, COMPLETE, OR ERROR FREE.

Not Warranted for Use in Emergencies.

The Service is not designed or intended for emergency notification or use in life-threatening situations requiring fail-safe performance, including without limitation, situations involving severe weather or natural disasters, terroristic threats or risks, potential mass shootings, riots or other public unrest, or any other situation in which the failure of the Service could lead to death, personal injury, or severe physical or property damage (collectively, "Emergency Situations"). RISKWIRE EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR USE IN EMERGENCY SITUATIONS.

Indemnification

Customer shall indemnify and hold RiskWire, its licensors, the Third Party Service Providers, and their respective parent organizations, subsidiaries, affiliates, officers, managers, directors, governors, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses, including reasonable legal fees and costs, arising out of or in connection with: (1) a claim based on any alleged misuse of User Data; or (2) any alleged conduct which would constitute a breach of any of Customer's representations, warranties, covenants, or obligations under these Terms; or (3) any User or third party claims related to or arising from use of the Service in an Emergency Situation (as defined above); (4) or any User or third party claims related to or arising from the use of the Service Content (as defined above), such as the safety discussion guides provided with the ModONE and Text4Safety Services. Customer specifically acknowledges and agrees that its indemnification obligations under this section include any claims, costs, damages, losses, liabilities, expenses, or issues or problems of any kind arising under or based on an alleged breach of any federal or state laws, rules, and regulations governing unsolicited telephone, text messages, other electronic communications, personally identifiable information.

Liability Limitations

TO THE FULLEST EXTENT ALLOWED BY LAW, RISKWIRE WILL HAVE NO FINANCIAL LIABILITY TO CUSTOMERS OR USERS FOR ANY AND ALL CLAIMS RELATING TO THEIR USE OF THE SERVICE PURSUANT TO THESE TERMS.

TO THE FULLEST EXTENT ALLOWED BY LAW, RISKWIRE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF THE SERVICE, INCLUDING ANY PERSONAL INJURY AND ANY LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE.

IN ALL CASES, RISKWIRE, ITS THIRD-PARTY SERVICE PROVIDERS, AND ITS LICENSORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE, INCLUDING ALL LOSS OR DAMAGE RESULTING FROM CRIMINAL ACTS BY CUSTOMER, USERS, OR ANY THIRD PARTIES.

General

All notices to RiskWire by Customers or Users pursuant to these Terms shall be made by personal delivery or by first class United States mail, postage fully prepaid, return receipt requested. Notices to RiskWire shall be addressed as shown at the end of these Terms. RiskWire may notify Customers of all matters related to these Terms by sending an email notice to Customer via the primary email address stored in the Customer Account profile. Notices sent by personal delivery or U.S. mail will be effective upon actual receipt.

These Terms are governed by the laws of the State of Florida and applicable U.S. federal law. All legal actions to enforce or interpret these terms shall be commenced exclusively in the state or federal courts located in Jacksonville, Florida, and you consent to the exclusive jurisdiction and venue of such courts.

You may not assign or otherwise transfer your rights under these Terms without RiskWire's prior written consent, which may be withheld for any reason in RiskWire's sole discretion. RiskWire may freely assign its rights and obligations under these Terms to any third party as it determines in its sole business discretion.

These Terms are binding upon, and inure to the benefit of, the parties and their permitted successors and assigns.

Any waiver or failure by RiskWire to exercise its rights under these Terms will not create a continuing waiver of such rights. If any provision of these Terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and will be interpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal or unenforceable provision.

These Terms state RiskWire's entire agreement with you concerning use of the Service.

Notice Address:

RiskWire, LLC

Attention: Chief Executive Officer

6 North 2nd Street, Suite 201

Fernandina Beach, Florida 32034

Copyright © 2023 by RiskWire, LLC. All rights reserved.

Last revised: July 2023.