Cellular End User Terms of Service

End User has no contractual relationship with Underlying Carrier and End User is not a third-party beneficiary of any agreement between KORE or a Reseller Agent and Underlying Carrier. End User understands and agrees that Underlying Carrier or KORE and Reseller Agents shall have no legal, equitable or other liability of any kind to the End User.

Subject to FCC Number portability rules, End User has no property or other rights in any Number assigned to it and End User understands that any such Number can be changed from time to time.

End User acknowledges that the Service may be temporarily refused, interrupted, curtailed or limited because of atmospheric, terrain, or other natural or artificial conditions and may be temporarily interrupted or curtailed due to usage concentrations, modifications, upgrades, relocation and repairs of transmission Network. End User agrees that Underlying Carrier or KORE or Reseller Agent shall not be responsible for such interruptions of the Service or the inability to use the Service within or outside the Territory. End User understands that such wireless service carrier cannot guarantee the security of wireless transmissions and will not be liable for any lack of security relating to the use of the Service.

End User expressly understands and agrees that the liability and obligations of KORE or a Reseller Agent to End User under the End User agreement for Services may be strictly controlled and limited by Underlying Carrier’s tariff, if any, and the laws, rules and regulations of the Federal Communications Commission and other United States or foreign governmental authorities which from time to time have jurisdiction. In any event, regardless of the form of action, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, End User’s exclusive remedy and the total liability of Underlying Carrier, KORE, a Reseller Agent and/or any supplier of services to KORE arising in any way in connection with the End User agreement, for any cause whatsoever, including but not limited to any failure or disruption of service provided, shall be limited to payment by KORE of damages in an amount equal to the amount charged to End User for the Service provided under this End User agreement. In no event shall KORE, the Reseller Agent and/or Underlying Carrier be liable for any cost, delay, failure or disruption of the Service, lost profits, or incidental, special, punitive or consequential damages.

In no event shall KORE, the Reseller Agent and/or Underlying Carrier be liable for the failure or incompatibility of Equipment utilized by End User in connection with the Service. End User shall use Equipment at its own risk.

End User shall indemnify, defend and hold KORE, the Reseller Agent, Underlying Carrier and the officers, employees and agents of each of them harmless from and against all claims, causes of action, losses, expenses, liability or damages (including reasonable attorneys’ fees and costs), and including without limitation for any personal injury or death, arising in any way directly or indirectly in connection with the End User agreement; the provision or use of the Service; or the use, failure to use or inability to use the Number. This provision shall survive the termination of the End User agreement.

End User acknowledges that the End User agreement is assignable by KORE or the Reseller Agent.

Service may be temporarily suspended or permanently terminated without notice in the event that KORE’s agreement with Underlying Carrier is terminated or in the event the End User violates the Acceptable Use Policy or other Network rules and policies. End User waives any and all claims against the underlying wireless service carrier, including any roaming carrier, for such suspension or termination.

GPS Terms of Service:

(Last updated October 11, 2021)

IMPORTANT: Use of a GPS (Global Positioning System) tracking device and related tracking services and software is subject to various laws, regulations and ordinances, which may vary domestically and internationally depending on the location of the device and user. you represent and warrant that you and all permitted users, shall comply with all such laws. Please consult with an attorney regarding such laws if you have any questions.

Customer understands and agrees that PAWS, LLC has no control over availability of GPS satellite, cellular or wi-fi data service on a continuous, uninterrupted basis, in light of factors that may affect the service, many of which may be outside PAWS, LLC’s control, including, without limitation: (i) equipment damage or malfunctions; (ii) periodic maintenance procedures or repairs which PAWS, LLC or third party providers may undertake; (iii) location-based interference with GPS signal; (iv) third party cellular service coverage and connectivity; (v) customer or third party wi-fi network operation and internet connectivity; or (vi) causes beyond the control of PAWS, LLC or that are not reasonably foreseeable, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. Note that even when service is fully functioning, location reporting is not continuous, but intermittent, with a period between reports from the device that may be between several seconds to several minutes.

Customer understands and agrees that PAWS, LLC has limited its liability, including in connection with the devices and services including with regard to access outages or errors. Customer shall not be entitled to any setoff, discount or other credit for any interruption in services set forth herein.

Location Services

The location information provided is an approximate location of the device. PAWS, LLC does not represent, warrant or guarantee the reliability or accuracy, completeness or timeliness of any location information provided through the services or that the services shall be error free or uninterrupted.

GPS and Cellular Service Disclaimer

Customer understands and agrees that: (i) the device is a wireless device and that the service works by using GPS (Global Positioning System) and other wireless communication to determine an animal or person’s location and by relaying such information to PAWS, LLC; (ii) the service will not operate unless an animal or person is in an area that has adequate wireless communications and GPS coverage and, even if in such area, the service is subject to wireless network service and GPS transmission limitations and may be adversely affected by terrain, signal strength, weather and atmospheric conditions, or other elements that PAWS, LLC does not control; and (iii) information about an animal or person’s location will not be received by the device unless the device in use is able to receive GPS signals, and will not be relayed to PAWS, LLC unless and until the device is able to receive adequate cellular service, or establish a wi-fi or bluetooth connection.

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