Terms and Conditions of Use

Effective Date: January 16, 2020

SUMMARY

These Terms and Conditions of Use (the “Terms”) shall govern your use of any websites, applications or services that are owned, operated or provided by OVAL Digital, Inc. (“OVAL Digital,” and also “we,” “us” or “ours”); who operates the website located at www.meetoval.com (together with all services available through such website, the “Site”). The terms “you,” “your,” and/or “yourself” as used herein refer to you, a user and/or browser of our Site and/or our mobile application (the “App”). By accessing the Site and/or the App, you agree to be bound by these Terms. Please consult our Privacy Policy [www.meetoval.com/privacy] for a description of our privacy practices and policies on the Site and the App. The Privacy Policy is part of these Terms, incorporated by reference as if same was set forth herein. Any capitalized term defined in the Privacy Policy that is not also defined herein, shall have the same meaning ascribed to such term in the Privacy Policy.

We want you, our valued customer, to understand how we provide our products and services, including accessing your user account through the Site, the App, using the OVAL Digital sensor system, which encompasses the proper sensors for detection of motion, light, humidity, temperature, and also external sensors compatible with the OVAL Digital sensor system, including the external water sensor (collectively, the “OVAL Sensor,” and together with the App and our Site, the “OVAL Services”).

Please read these Terms carefully. By accessing or using the OVAL Services in any way, including using any services and resources available or enabled via the OVAL Services, clicking on the “I Agree” button, completing the registration process, and/or merely browsing the Site, using any portions of the OVAL Services, or downloading the App, you represent that: (i) you have read, understand, and agree to be bound by these Terms; (ii) you are of legal age to form a binding contract with OVAL Digital; and (iii) you have the authority to enter into these Terms personally or on behalf of the company you represent, and to bind that company to these Terms. The terms “you” and “yours” refer to the individual or legal entity you represent, as applicable. If you do not agree to be bound by the Terms, you may not access or use the Site, the App, or any other portions of the OVAL Services.

The Terms include a class action waiver, a waiver of jury trials, and require a binding arbitration agreement on an individual basis in order to resolve possible disputes. These Terms also limit the remedies that may be available to you in the event of a dispute with us.

ACCOUNT REGISTRATION, VERIFICATION AND SAFETY

In order to use the OVAL Services, you must create an account, including all mandatory fields on the registration form. You must provide accurate and complete information, and you hereby agree to keep secret the password chosen upon creating your account and not to communicate it to anybody. If you lose or disclose it, you must promptly inform us.

You are solely responsible for the activity that occurs on your account, for keeping your password secure and confidential and must notify us immediately of any breach or unauthorized use of your account.

If you have any questions or complaints regarding the OVAL Services, please contact us by email as indicated on our contact web page. We will undertake commercially reasonable efforts in order to answer you as quickly as possible. You must provide us with your contact information and full details of your service query so that we can respond to you and clearly assess your concerns.

OVAL SERVICES SCOPE

The OVAL Services are a home awareness smart sensor system that use the OVAL Hub & Sensors to monitor and alert you to environmental changes in and around your home (e.g. if lights have turned on or off, if a window or door is opened or closed, if there are temperature variations inside your environment, if there is an increase in humidity or if there is a water leak). The OVAL Sensors monitor and detect changes in motion, temperature, light, humidity and water infiltration, and sends you push, text, email, and/or preprogrammed telephone call notifications to your phone or email via the App. Notifications can be sent to up to thirteen (13) separate contacts.

Information provided by the OVAL Services thereby is not intended to be reliable or available 100% of the time, and we do not guarantee a minimum service level. The OVAL Services may be subject to interruptions and failures for reasons beyond OVAL Digital’s control, including but not limited to: Wi-Fi signal, Internet bandwidth, cloud service providers, wireless technology and carriers or power outages. You hereby acknowledge and agree to these limitations and therefore accept and agree that OVAL Digital is not responsible for any damages allegedly caused by delay or failure of the OVAL Services to relay notifications triggered by the OVAL Sensors.

In order to optimize battery life, OVAL Digital recommends enabling “Low Power Mode” accessible in the App under the settings menu. When “Low Power Mode” is enabled, any changes to your settings made through the App will take up to five (5) minutes to update. The current status of your sensors will also be updated within five (5) minutes during this period. With “Low Power Mode” disabled, settings and status updates will be available within one (1) minute. To force your Sensor to update settings and avoid this wait time, tap the top of the Sensor twice. In order to optimize battery life, OVAL Digital additionally recommends disabling sound notifications and turning off notifications for the light sensor when not in use.

Additionally, due to the technology used in the batteries, the OVAL Sensors may indicate a decrease in power output under temperature extremes, and readings will return to normal once temperature readings stabilize.

You hereby acknowledge and accept that: (i) the OVAL Services are not certified by any safety or security agency to provide any kind of emergency-level response time; (ii) OVAL Digital gives no warranty or representation that the OVAL Services will operate in conjunction with any kind of third-party product or service(s) designed or intended to generate or augment safety standards or levels (e.g. alarm systems); (iii) the OVAL Services are not an emergency notification system; and (iv) that OVAL Digital is not in the business of monitoring alarm notices and that neither OVAL Digital nor its officers, directors, shareholders, subsidiaries, affiliates, agents or employees will contact or notify any authority on your behalf due to the occurrence of any event detected by the OVAL Services.

The OVAL Services are not intended for collaboration, augmentation or replacement of any safety measures, systems or devices (i.e. smoke detectors), and are no substitute for your local or national law enforcement agencies or emergency services. The OVAL Services are not a substitute for 911 or similar emergency numbers in other countries. Always consult your local authorities for information regarding home safety measures and their improvement in your house and neighborhood.

Any and all products and/or services purchased through the OVAL Services are subject to changes, updates, upgrades or discontinuation or unavailability in OVAL Digital’s sole discretion. Prices and exchange rates shown are not final and may vary without notice. First use of the OVAL Services, in any manner, constitutes express acceptance of the products, services and policies set forth herein. You will be responsible for any credit card fees, phone carrier fees, courier fees, export/import tariffs and ancillary costs. In order to use our products and services you will need, at a minimum: (i) a continuous Internet connection connected to the wireless hub; and (ii) a smartphone or other similar device with a Wi-Fi or cellular connection. OVAL Digital is not responsible for Internet Service Provider and/or mobile device carrier connection issues, which may impair connection to, and use of, the OVAL Services thereof.

BILLING, SUBSCRIPTION AND PAYMENT TERMS

The OVAL Services are provided to you, the user, to include the storage of any data and/or information from the OVAL Sensor(s), and a list of any notifications sent from OVAL Digital to you and/or your contacts (up to thirteen (13)), for a period of twenty-four (24) hours (the “Included Data”). If you require more than what is provided with the Included Data to view hourly and daily analytics to see how your data is changing over time (e.g. to help you identify trends and improve behaviors around your home and/or office that can help to improve safety, conserve energy, and help you save money on your utility bills), OVAL Digital will store your data in perpetuity for a monthly data plan fee of $4.99 USD (or your local currency’s equivalent), allowing you to access weekly, monthly, or even 3-month+ views of your analytics.

Your data plan will automatically renew at the end of the then current monthly data plan period. Your account will be charged for renewal by your app store of choice – i.e. the Apple Store or Google Play Store – at the end of the current period. You can elect to cancel your current data plan at any time by accessing your account with your app store of choice and following their necessary steps to effectuate any such cancellation or by contacting their respective support teams. You will be able to use the paid data storage functionalities of the OVAL Services until the then current monthly data period ends.

No refunds for the current month. Any cancellation will take affect for the next monthly data cycle. No refunds will be provided for the current data plan period and all historical data stored for you by OVAL Digital will be deleted and become forever unavailable if and when your data plan ends or lapses. Please be advised that there will be no grace period afforded to any users to recover any historical data once a data plan ends or lapses and the data is deleted.

As your data plan payment is charged and processed by your app store of choice, we are relying on such app store as an authorized third-party payment processor in order to bill you through a payment account linked to you, and henceforth you hereby authorize such app store to charge the pertinent fees through your indicated payment processing account. If you have a problem with your payment, please contact the payment processor as soon as possible to ensure the continuity of your historical data.

Accordingly, OVAL Digital shall not be held responsible for any and all errors, fees and/or currency conversion fees by the payment processor, and you should review such payment processor’s terms and policies from time to time, which will govern their providing those services to you.

In order to not lose any of your historical data, you must provide the payment processor with your valid and current billing information, and it is your responsibility to always keep such information up to date. Except as expressly set forth herein, all payment charges are final, non-cancelable and non-refundable. If we are alerted to any chargeback or if any payment is not received by our payment processors for any reason, you risk the loss of all of your historical data forever.

OTHER REFUNDS, ADDITIONAL CHARGES AND OFFSET RIGHTS

Due to the nature of the OVAL Services, we are only able to offer refunds for the OVAL Sensor(s) if they are purchased directly from the Site for a period of fifteen (15) days after each purchase and for manufacturer defects only. Any refunds requested after the fifteen (15) days will be considered on a case by case basis and shall only be provided at our sole and final discretion. If you are requesting a refund directly from OVAL Digital due to a perceived manufacturer’s defect, please include a description of the service’s functionality or defect in question, and include with such reason for your technical query, your name, address, account information and payment details. If you purchased the OVAL Sensor(s) from an OVAL approved third-party retailer, please familiarize yourself with their return policies and return any perceived defective product to the third-party retailer that you purchased your OVAL Sensor(s) from. OVAL cannot offer refunds for products purchased through unauthorized resellers or sites such as eBay, which may offer pre- used OVAL products.

As part of the OVAL Services Included Data, all users receive an unlimited number of notifications. However, the use of such notifications must be within reason and your acceptance of these Terms is an explicit acceptance of this limitation. As such, if OVAL Digital determines, in our sole discretion, that you have abused the notifications process, resulting in excessive text or phone call fees charged to OVAL Digital in any given month or over a period of several months, OVAL Digital hereby reserves the right to charge you accordingly or limit the amount of notifications you can receive each month. OVAL Digital will make all reasonable commercial efforts to alert you to a detection of excessive notifications, but due to the nature of the OVAL Services, this may not always be possible. You are nonetheless still responsible for any excessive notification surcharge even in the event that you did not receive an excessive notification warning from OVAL Digital prior to the charge being levied.

If OVAL Digital determines, in our sole discretion, that an excessive notification charge to you is warranted, such charge will be requested by OVAL Digital to your app store of choice either as part of your next monthly data plan charge or as an additional excessive notifications charge. You hereby agree to any such charges for excessive notifications requested by OVAL Digital and if you refuse to pay such excessive notification surcharge on your next monthly data plan payment, your monthly data plan will be effectively cancelled, you will lose all of your historical data and OVAL Digital hereby reserves the rights to limit the amount of notifications sent to you and/or your identified contacts until such surcharge is paid in full. If you do not have a monthly data plan, OVAL Digital hereby reserves the rights to suspend your account until any such excessive notifications surcharge is paid in full or to limit your account to push notifications only. OVAL Digital hereby reserves the right, in our sole discretion, to switch to a subscription model for premium notifications (i.e. texts, calls and emails) either on an individual account or global user basis. If OVAL Digital, in our sole discretion, determines that a premium notification plan must be put into place due to notification costs, we will make all commercially reasonable efforts to alert users prior to such implementation.

You agree to pay all directly or indirectly imposed fees or charges, all telephone, broadband, data or signal transmission company charges, and all other assessments, fees and charges related to your use of the OVAL Services, if any. This includes, but is not limited to, any charges from your mobile and or broadband provider(s) or utility for your use of the OVAL Services such as Wi-Fi used by the OVAL Sensors, power consumed by the Hub, phone services used for any notification calls or texts, and/or data used by receiving push, text or email notifications. OVAL Digital does not provide any of these services and will not be responsible in any way for any charges you accrue from third-party providers due to your use of the OVAL Services.

PERMITTED USE

You agree that you are authorized to visit, view and use the information on the Site and/or in the App for informational purposes, and for registering, accessing and utilizing the OVAL Services only. You are prohibited from duplicating, downloading, publishing, modifying or otherwise distributing, in whole or in part, any content and materials on the Site and/or the App (including, without limitation, any text and/or images residing on the Site and/or in the App) without OVAL Digital’s express written permission. All pages and any material(s) contained on the Site and/or in the App are the property of OVAL Digital or are owned by a third-party and are used by OVAL Digital under license, and are protected by U.S. and international copyright, trademark and other intellectual property laws.

You agree not to, and will not undertake, motivate, or facilitate the use or access of the Site and/or the App, or any other portions of the OVAL Services to:

a. Help, motivate, or enable others to infringe these Terms. 5

b. Plagiarize or infringe the intellectual property rights of OVAL Digital or any third- party.

c. Use any automated process to access or use the OVAL Services or any process, whether automated or manual, to capture data or content from any of the OVAL Services for any reason.

d. Disrupt the normal flow of dialogue and/or exchange on the Site and/or within the App.

e. Upload, post or otherwise disseminate any content that: (i) infringes or violates the intellectual property rights of OVAL Digital or any third-party, including any trademark, copyright, trade secret, moral rights, ancillary rights or other rights therefrom, or causes or results in the violation of any applicable law or regulation, (ii) in any way exploits the Site and/or the App other than as specifically sanctioned by us; (iii) encourages any conduct that could promote or cause discrimination, racism, hatred, harm or violence against any individual or group of persons; (iv) threatens minors in any manner; and/or (v) promotes or encourages illegal, fraudulent or inappropriate activities.

f. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site and/or within the App; and/or promotes or disseminates any content that is or may be considered obscene, pornographic, inappropriate or otherwise objectionable.

g. Delivers or attempts to deliver, any unsolicited advertising, electronic email, promotion, spam or chain letters.

h. Collect, receive, transfer or disseminate any personally identifiable information of any user of the Site and/or the App without the express authorization of the holder. Please see our Privacy Policy for more information.

i. Collect, receive, transfer or disseminate any content that is illegal or unlawful that would constitute, encourage or provide instructions for a criminal offense, or otherwise create liability or violate any local, state, national or international law.

j. Deliver unsolicited promotions, political campaigning, or commercial messages (SPAM) or any chain messages or any content designed to deceive or trick the users of the Site and/or the App.

k. Impersonate or misrepresent any affiliation with any legal entity, such as OVAL Digital, or person.

You further acknowledge and agree that you will treat as strictly private and confidential, any username or password which you receive from OVAL Digital and any and all information to which you have access through the OVAL Services, and that you will not cause or permit any such information to be communicated, copied, or otherwise divulged to any other person whatsoever. Any violation of this provision may result in immediate suspension and/or termination of your access to the Site, the App and/or use of the OVAL Services, without refund, reimbursement, or any other credit(s).

You are also responsible for any and all of your actions and interactions with other users of the OVAL Services, and we reserve the right, but not the obligation, in our sole discretion, to monitor, moderate, and/or limit such activities, including banning your account if such measures are warranted.

PRODUCT AND USER LICENSES

OVAL Services License. OVAL Digital grants you a limited, non-exclusive, revocable and non- transferable license to utilize and access the Site, the App and the OVAL Service’s sensor, hub, hardware, software and firmware technology, for your personal, non-commercial purposes, and under the requirements and restrictions contained in these Terms. You are prohibited from duplicating, re-engineering, reverse engineering, modifying or otherwise using the OVAL Services, in whole or in part, without OVAL Digital’s express written permission. For the avoidance of doubt, this prohibition includes any and all hardware, firmware and software included in the OVAL Services. We may also, in our sole discretion, impose limits on certain services or restrict access to all or certain portions of the Site, without notice or liability. OVAL Digital does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information; and you shall have no right, either directly or indirectly, to own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve or create any new or derivative works from, or display, distribute, perform or in any way exploit the Site, the App or the OVAL Services, in whole or in part.

OVAL App License. The license for the App is granted under the terms and conditions set forth in these Terms, and the mobile application store guidelines, policies and terms of Apple Inc. and Google Inc., among other companies engaged by us from time to time.

User Generated Content License. You hereby grant OVAL Digital an unlimited, non-exclusive, royalty-free, for all the world, right and license to download, use, reproduce, distribute, analyze and exploit any and all content, texts, data and any components therefrom that you or your affiliates, agents, employees or representatives introduce, upload or otherwise deliver to OVAL Digital. You represent and warrant to OVAL Digital that you have all rights, authorizations or otherwise hold sufficient title for all content submitted to OVAL Digital as set forth herein.

Feedback License. You hereby grant OVAL Digital, an unlimited, non-exclusive, assignable, transferable, sublicensable, irrevocable, royalty free, perpetual and for all the countries and territories in the world, right and license to use, exploit any feedback, suggestion, enhancement, request, recommendation, correction or comment provided by you to us regarding the OVAL Services, the App, the Site and any products and services offered thereby.

Open Source License. Part of the computer code incorporated into the OVAL Services may be licensed by third-parties under “open-source” or “public-source” software licenses (e.g. the GNU General Public License, the MIT License, the Apache License and the Berkeley Software Distribution License). Henceforth, any and all open source software thereunder is not licensed under these Terms, but instead licensed under the respective open source software licenses. Such open source software licenses are available online, and you should be aware of their terms, which you must comply with.

INFRINGEMENT OF THESE TERMS

You understand and agree that OVAL Digital may, in its sole discretion, with or without prior notice, terminate your access to the Site, the App, the OVAL Services, and/or exercise any other available remedy if we determine that you have: (i) breached any provision of the Terms; (ii) violated OVAL Digital’s rights; (iii) infringed the rights of third-parties; or (iv) violated any applicable laws or regulations. You acknowledge and agree that monetary damages may not adequately compensate OVAL Digital for your non-compliance with the Terms, and you therefore consent to injunctive or other equitable relief in the case of such violations. You further agree that OVAL Digital may release certain information about you if we are required to do so by applicable laws or a valid subpoena.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless OVAL Digital, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Site, from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of the Site and/or the OVAL Services violates these Terms, any applicable law or regulation, or the rights of any third-party.

LIMITATION OF LIABILITY, EXCLUSIVE REMEDY, INDEMNITY

It is impractical and extremely difficult to determine the actual damages, if any, that may result from a failure by OVAL Digital to perform any of its obligations herein. Under no circumstances will you attempt to hold OVAL Digital or any of its officers, directors, shareholders, subsidiaries, affiliates, agents or employees liable for any consequential or incidental damages, including without limitation, damages for personal injury, damages to property, lost profits, business interruption, loss of information, loss of business, loss of use or lack of availability of computer resources, lost or corrupt data, re-procurement amount, anticipated savings, wasted expenditure, or other commercial or economic loss. The entire risk, as to the results and performance of the OVAL Services, is assumed by you to the greatest extent permissible pursuant to all applicable laws. If, notwithstanding the provisions of this paragraph, OVAL Digital is found liable for loss, damage, injury or death under any legal theory relating in any way to the OVAL Services provided by OVAL Digital, OVAL Digital’s liability to you shall be limited to a sum equal to 10% (ten percent) of the annual fees paid for the OVAL Services (if any), or Five Hundred Dollars in United States currency ($500 USD), whichever amount is less. This agreed-upon amount is not a penalty, but rather, it is your sole remedy. Notwithstanding the foregoing, your sole remedy for dissatisfaction with the Site, the App and/or any other portions of the OVAL Services and/or linked websites is to stop using the Site, the App and/or any other portions of the OVAL Services.

In furtherance of the above, you hereby agree that any lawsuit, arbitration action, complaint, proceeding or the like, shall not be brought against any of OVAL Digital’s officers, directors, shareholders, subsidiaries, affiliates, agents and/or employees and that same shall have no personal liability whatsoever regarding anything associated with, or deriving from, the OVAL Services. You further agree that if any action is brought against any of OVAL Digital’s officers, directors, shareholders, subsidiaries, affiliates, agents and/or employees, OVAL Digital may submit these Terms and the existence of this section, and these paragraphs, as sufficient evidence for the dismissal of any such action. You further agree that if any action is brought against any of OVAL Digital’s officers, directors, shareholders, subsidiaries, affiliates, agents and/or employees that is not withdrawn after proper notice from OVAL Digital and OVAL Digital must seek a dismissal as set forth in this paragraph, that you shall be wholly responsible for OVAL Digital’s reasonable attorneys’ fees and all costs and other fees, if any, associated with any such motion for dismissal.

If any other person, including your subrogating insurer, makes any claim or files any lawsuit against OVAL Digital in any way related to the equipment or OVAL Services provided by us to you, you agree to indemnify, defend and hold OVAL Digital harmless from any and all such claims and lawsuits, including the payment of all damages, expenses, costs and attorneys’ fees. Your duty to defend is separate and distinct from your duty to indemnify and hold harmless and arises upon the assertion of a claim or demand against OVAL Digital and regardless whether OVAL Digital has been found liable or whether OVAL Digital has incurred any expense. The indemnifications obligations contained in this section shall not apply to the extent that any claim against OVAL Digital arises as a result of or in relation to any OVAL Digital content or any alterations or modifications of the OVAL Services not provided by OVAL Digital.

DISCLAIMER OF WARRANTIES AND GUARANTEES

OVAL Digital cannot and does not guarantee or warrant that any products, software, or files, whether purchased directly or indirectly from OVAL Digital or made available for downloading through this Site and/or the App will be free of infection or viruses, worms, trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures to satisfy your particular requirements for accuracy of data and output. You assume total responsibility and risk for your use of the Site, the App and OVAL Services.

The materials and information contained on the Site and/or the App may contain technical inaccuracies and/or typographical errors. OVAL Digital does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the Site and/or the App. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk. OVAL Digital reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site and/or the App. OVAL Digital may make any other changes to the Site and/or the App, the materials and the products, programs, services or prices (if any) described in the Site and/or the App at any time without notice and in our sole discretion.

This Site, the App and the information and materials on the Site and in the App are provided “as is” and “as available”, without warranties, representation, condition or guarantee of any kind, whether express, statutory or implied and OVAL Digital does not make any express or implied warranties, representations, conditions, or guarantees of description or endorsements whatsoever including, without limitation, warranties of title or non-infringement, or the implied warranties of merchantability or fitness for any particular purpose, including, but not limited to, the OVAL Services’ measurements, any results delivered and/or data collected (or not), operation, integration, adequacy, suitability, title, non-infringement, non-interference with use and/or enjoyment, with regard to the Site, the App, the OVAL Services and/or any merchandise, information or other service provided through the Site or App, and OVAL Digital shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions may not apply to you.

Neither OVAL Digital nor its officers, directors, shareholders, subsidiaries, affiliates, agents or employees warrant that the OVAL Services and any related software or component shall be error- free, uninterrupted, secure, produce particular results, satisfy or meet Reseller’s or any end-user’s requirements, nor that they will operate on any hardware and/or software platforms, or will function uninterrupted, error free or that any defects will be corrected or that the information obtained therefrom shall be reliable or unobjectionable. No advice or information given by OVAL Digital or its officers, directors, shareholders, subsidiaries, affiliates, agents or employees shall create a warranty of any kind, express or implied.

OVAL Digital’s equipment and services do not cause and cannot eliminate occurrences of the events they are intended to detect (but not to avert), including, but not limited to: water leaks, fires, blizzards, freezing, electric shock, unauthorized entry or exit to a location, floods, burglaries, robberies, gas leaks, medical problems, and lost pets, people or property.

The OVAL Services may occasionally present inaccurate battery readings, which may temporarily impair or even completely preclude the functionalities of the OVAL Services; thus, you as a consumer ought to be aware of the battery charge levels and recommended fabricant expiration date of batteries, pursuant to their replacement. In addition, the OVAL Services ships with double sided adhesive strips, which must be used to firmly secure the Sensors in a proper place (e.g. improper adhesion may cause a Sensor to fall and, thus, cause damage to the Sensor; or the adhesive tape may cause damage to user’s home furnishings such as wallpaper or paint). OVAL Digital makes no guarantee or warranty thereof for any user actions. Please take into account that the External Water Sensor and flexible cable is also part of the overall OVAL Services, and its proper location near water sources and/or likely water sources is paramount to proper water leak detection by the OVAL Services. Henceforth, OVAL Digital does not undertake any risk that you or your property, or the person or property of others, may be subject to damages, injury or loss if any event occurs. The allocation of such risk remains with you, not OVAL Digital. You release, waive, discharge and promise not to sue or bring any claim of any type against OVAL Digital or any of OVAL Digital’s officers, directors, shareholders, subsidiaries, affiliates, agents or employees for loss, personal property damage, personal injury or death relating in any way to the OVAL Services (including the External Water Sensor) provided by OVAL Digital. You hereby agree that if any claim of any type is brought against OVAL Digital or any of OVAL Digital’s officers, directors, shareholders, subsidiaries, affiliates, agents and/or employees that is not withdrawn after proper notice from OVAL Digital and OVAL Digital must seek a dismissal as set forth above, that you shall be wholly responsible for OVAL Digital’s reasonable attorneys’ fees and all costs and other fees, if any, associated with any such motion for dismissal.

You understand that OVAL Digital is not an insurer and that OVAL Digital is not providing you with insurance of any type 1. The amounts you pay OVAL Digital for its products and/or the OVAL Services are not insurance premiums and are not related to the value of your property, anyone else’s property located in your premises or any risk of loss at your premises. Instead, the amounts OVAL Digital charges you are based solely upon the value of the equipment and services OVAL Digital provides and upon the limited liability OVAL Digital assumes under this contract. If you want insurance to protect against any risk of loss at your premises, you must purchase such coverage from an insurer of your, and only your, choosing. In the event of any loss, damage, injury or death, you will look exclusively to your insurer, and not to OVAL Digital, to compensate you or anyone else for such losses. You release and waive for yourself and your insurer all subrogation and other rights to recover against OVAL Digital arising as a result of the payment of any claim for loss, damage or injury. You understand and agree that: (i) you will only be permitted to pursue claims against OVAL Digital on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and; (ii) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

If connecting the OVAL Services to any smart speaker and/or IFTTT-supported devices, the functionality, reliability, and security of the OVAL Services cannot be guaranteed. While OVAL Digital will offer customer support to help troubleshoot any performance issues of the OVAL Services, such performance issues may not be able to be resolved if such performance issues originate from any third-party device or anywhere outside of the OVAL Services ecosystem.

1 Including any and all instances where an insurer has provided the user with access to the OVAL Services.

THIRD-PARTY WEBSITES

Please note that the Site and the App may contain links to third-party websites not owned or operated by OVAL Digital. We make no representations or warranties whatsoever about any other website, or the contents thereof, that you may access through the Site and/or the App. When you access a third-party website, please understand that you are doing so at your own risk and that it is your responsibility to take all protective measures to guard against viruses or other destructive elements. OVAL Digital has no control over such third-party websites, and therefore is not responsible for their contents. Any links to third-party websites are provided to you for your convenience only, and the inclusion of such links does not mean that OVAL Digital endorses or accepts any responsibility for the content, or the use, of the linked website. Including these links does not imply that OVAL Digital is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked third-party website is authorized to use any trademark, trade name, logo or copyright symbol of OVAL Digital or any of its affiliates or subsidiaries.

App Stores. You hereby acknowledge and agree that the App and the OVAL Services are also dependent on certain third-party software and systems – e.g. Apple Inc.’s App Store or Google Inc.’s Google Play (the “App Stores”). Henceforth, you acknowledge and agree with OVAL Digital that the terms and conditions, piracy policies, marketplace terms, content guidelines, service level agreements and other agreements are between you and the applicable App Stores only.

UPDATES

OVAL Digital hereby reserves the right in its sole and final discretion to update, modify, change, amend, terminate or discontinue the Site, the App, the Terms and/or the Privacy Policy at any time. OVAL Digital may, in our sole discretion, change the Site and/or App’s functionalities and all applicable fees, if any, at any time. Any changes to these Terms will be displayed on the Site and/or in the App, and we may notify you through the Site, the App, any other portions of the OVAL Services or by email. Please, refer to the date shown at the top of these Terms for the date where effective changes were last undertaken by us. Your continued use of the Site, the App and/or any other portions of the OVAL Services after the last effective date of amendment to these Terms – either by registration or simple use – indicates your acceptance of any modifications thereto.

In order to optimize the performance of the OVAL Services, from time-to-time we may, at our sole discretion, issue a firmware update for the OVAL Hub and/or OVAL Sensors. You can install the firmware update remotely using the App. Before running the update, please make sure your OVAL Hub is plugged in and connected to your Wi-Fi network. It is crucial that during a firmware update you do not stop, unplug, or interrupt the firmware updating process at any time as that may damage your OVAL hardware. Certain firmware updates may contain critical bug fixes and improvements. These critical updates may be automatically installed by OVAL Digital, in our sole discretion, at any time. OVAL Digital will notify you in advance of these automatic updates. If you are not in the location of your OVAL Hub and are concerned about the firmware update not completing, you may reschedule these automatic updates for a later time. You can select a new time and date via the email notice that will be sent before any critical update is automatically installed.

TRADEMARK, COPYRIGHT AND PROPRIETARY INFORMATION NOTICE

The trademarks, trade names, logos, service marks, trade dress and product configurations, and packaging displayed on the Site, and/or any related web sites operated by OVAL Digital and its affiliates (if any), and/or the App (the “OVAL Digital IP”) are registered and unregistered trademarks of OVAL Digital or its affiliates, or the property of their respective owners.

All of the content on the pages of the OVAL Digital IP, the manner of displaying the pages, and all of the materials downloadable therefrom are copyright-protected intellectual property owned by, or licensed to, OVAL Digital and/or its affiliates; and may only be used for personal, informational, non-commercial purposes. The content and materials contained in the OVAL Digital IP may not otherwise be copied, modified, distributed, reproduced or reused without the express written permission of OVAL Digital. More specifically, any materials contained on the OVAL Digital IP that are marked as, or otherwise appear to be, OVAL Digital proprietary and/or trade secret information may not be copied or distributed in whole or in part in any form without the prior express written consent of OVAL Digital.

The trademarks, content, and other materials on the OVAL Digital IP are protected by the intellectual property laws of the U.S. and other countries, where applicable. OVAL Digital will protect its intellectual property rights to the fullest extent permissible under the law, including the seeking of criminal prosecution where warranted, in all jurisdictions worldwide.

User Content. Through the simple use of our Site, the App and any other parts of the OVAL Services therein, you hereby grant OVAL Digital an unlimited, non-exclusive, assignable, royalty- free, perpetual, irrevocable, for all the world, sub-licensable right and license to use, reproduce, adapt, create derivative works from, distribute and display any content you may upload or transfer throughout the Site, the App, and/or any other portions of the OVAL Services, when posting messages, uploading files, inputting data or otherwise submitting any kind of content to us, and you hereby represent and warrant to OVAL Digital that you have all the rights, licenses, authorizations and authority necessary to grant the above referenced license.

Feedback. You hereby grant to OVAL Digital a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all feedback, ideas, comments, improvements or suggestions regarding the Site, the App and/or any other portions of the OVAL Services.

TAKEDOWN NOTICES, INFRINGEMENT

In compliance with the Digital Millennium Copyright Act (DMCA), OVAL Digital undertakes copyright infringement seriously, and is ready to remove any content posted upon proper notice and request by a copyright holder as set forth below. If you believe that any content or other material provided through the Site or the App allegedly infringes the copyright of you or of a third- party, please notify us of your claim to: support@meetoval.com (subject: “Takedown Request”). OVAL Digital may remove any content if it believes, or has reason to believe, such content infringes on another’s copyright, without prior notice, at any time and in our sole discretion. We may also disable your or any user ability to use the Site, the App and/or any other portions of the OVAL Services or terminate your access thereof.

A takedown notice must be in writing and must contain the following information, at a minimum: (i) a signature and identification of the title holder and/or the person authorized to act; (ii) a description of the copyrighted work that allegedly has been infringed; (iii) contact information, such as your address and your email address (for us to deliver our response to you); and (iv) a statement indicating that the information provided in the notice is true and accurate.

GENERAL PROVISIONS

Advertisements and Promotions. From time to time, we may place ads and promotions from third- party sources within the OVAL Services. Accordingly, your participation or undertakings in promotions of third-parties other than OVAL Digital, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third-party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of any third-party advertisers.

Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without OVAL Digital’s prior express written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

Minors. OVAL Digital duly undertakes the protection of the rights of minors and children, and thereby encourages parents, legal guardians and responsible adults to be actively involved in the safe use of the Internet. You hereby represent and warrant that you are at least eighteen (18) years of age, or older, as of the date of first access to our Site and/or the App and, if you are under such age, are using the Site and/or the App under the direct supervision of your parent, legal guardian or responsible adult. You hereby represent and warrant that you will not provide OVAL Digital with personally identifiable information of children under the age of eighteen (18) without the consent of their parents or legal guardians.

Upon the terms and conditions of 47 U.S.C. §230(d), OVAL Digital hereby informs you about the commercial availability of parental control mechanisms which may assist you in limiting access to minors of material that is or may be considered harmful.

In compliance with the terms of the Children’s Online Privacy Protection Act (COPPA), OVAL Digital does not knowingly collect any kind of information from any person under the age of thirteen (13).

Force Majeure. OVAL Digital shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

Compliance. If you believe that OVAL Digital has not adhered to the Terms, please contact OVAL Digital by contacting us at: support@meetoval.com. We will make all commercially reasonable attempts to address your concerns. Please include your contact information so that we can get back to you in a timely fashion in addressing your concerns. If you feel that your complaint has been addressed incompletely, please let us know so that we may conduct further investigation.

Severability,EntireAgreement. IntheeventthatanyprovisionoftheseTermsarefoundbyacourt or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so as to affect the intent of the Terms, and all remaining provisions shall otherwise remain in full force and effect. The Terms constitute the entire agreement between OVAL Digital and you pertaining to the subject matter hereof.

Confidentiality. “Confidential Information” shall mean the hardware, software and firmware embedded within the OVAL Services and all other information disclosed to you that OVAL Digital characterizes as confidential at the time of its disclosure either in writing or orally, except for information which you can demonstrate: (a) is previously rightfully known to you without restriction on disclosure; (b) is or becomes, from no act or failure to act on your part, generally known in the relevant industry or public domain; (c) is disclosed to you by a third-party as a matter of right and without restriction on disclosure; or (d) is independently developed by you without access to the Confidential Information. You shall use your best efforts to preserve and protect the confidentiality of the Confidential Information at all times, both during the term hereof and for a period of at least three (3) years after termination of the Terms, provided, however, that any source code you receive shall be held in confidence in perpetuity. You shall not disclose, disseminate or otherwise publish or communicate Confidential Information to any person, firm, corporation or other third-party without the prior express written consent of OVAL Digital. You shall not use any Confidential Information other than in the course of the activities permitted hereunder. You shall notify OVAL Digital promptly in writing upon discovery of any unauthorized use or disclosure of Confidential Information, and will cooperate with OVAL Digital in every reasonable way to regain possession of Confidential Information and prevent any further unauthorized use. If you are legally compelled to disclose any of the Confidential Information, then, prior to such disclosure, you will (i) promptly notify OVAL Digital prior to such disclosure to allow OVAL Digital an opportunity to contest the disclosure; (ii) assert the privileged and confidential nature of the Confidential Information; and (iii) cooperate fully with OVAL Digital in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information. In the event such protection is not obtained, you shall disclose the Confidential Information only to the extent necessary to comply with the applicable legal requirements.

Electronic Communications. The communications between you and OVAL Digital use electronic means, whether you visit the Site, the App or send OVAL Digital e-mails, or whether OVAL Digital posts notices on the Site, the App or communicates with you via e-mail. For contractual purposes, you: (1) consent to receive communications from OVAL Digital in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that OVAL Digital provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, if any.

Release. You hereby release OVAL Digital and its subsidiaries, affiliates, directors, officers, agents, employees, predecessors in interest, successors, and assigns from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and/or property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the OVAL Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Limitations Period. YOU AND OVAL DIGITAL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS OR THE OVAL SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. YOU HEREBY FURTHER AGREE THAT IF A CAUSE OF ACTION IS FILED BY YOU AFTER THE EXPIRATION OF SUCH ONE (1) YEAR LIMITATIONS PERIOD, OVAL DIGITAL SHALL ONLY NEED TO SUBMIT THESE TERMS WITH REFERENCE TO THIS PARAGRAPH AS EVIDENCE OF SUCH LIMITATIONS AGREEMENT TO DISMISS ANY SUCH POST LIMITATIONS PERIOD CAUSE OF ACTION.

Headings. The section and paragraph headings in these Terms are for convenience only and will not affect their interpretation.

No Relationship. You and OVAL Digital are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created whatsoever by these Terms.

Exchange rates. Currency exchange rates displayed on the Site, the App or anywhere else within the OVAL Services are based on various sources and should only be used as reference. Actual exchange rates will vary depending on the location, bank, date of payment processing, credit card and/or payment processing systems used by you.

Export Control. You may not use, export, import, or transfer any portion of the OVAL Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained or use the OVAL Services, and any other applicable laws. You acknowledge and agree that products, services or technology provided by OVAL Digital are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer OVAL Digital products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

GOVERNING LAW

This Site, the App and all other portions of the OVAL Services are operated and administered from within the United States of America (“U.S.”). Use of this Site, the App and/or any other portions of the OVAL Services shall be governed by all applicable U.S. Federal law and the laws of the State of Delaware, without giving effect to conflict of law provisions.

DISPUTE RESOLUTION

Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read this Arbitration Agreement carefully. It is part of your contract with OVAL Digital, and affects and governs your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER FOR ANY CAUSE OF ACTION BROUGHT, OR BEING CONTEMPLATED, AGAINST OVAL DIGITAL.

(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of the Site, the App, any other portions of the OVAL Services, and/or any other product or service provided by OVAL Digital that cannot be resolved informally shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise expressly agreed to in writing, all arbitration proceedings shall be held in English 2. This Arbitration Agreement applies to you and OVAL Digital, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

2 If English is not your native language and you wish/need to have a translator present on your behalf, you hereby agree that all costs and fees associated with any translation services, if any, shall be fully paid by you and you hereby further agree and consent to release OVAL Digital from any financial responsibility for any such translation services.

(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (the “Notice”) describing the nature and basis of the claim or dispute, and the requested relief. All Notices to OVAL Digital should be sent to: 115 East 23rd Street, 3rd Floor - #1504, New York, NY 10010 USA. After the Notice is received, you and OVAL Digital shall reasonably attempt to resolve the claim or dispute informally – i.e. through direct negotiations and/or mediation. If you and OVAL Digital do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled. The amount of the award shall also be limited by the “LIMITATION OF LIABILITY, EXCLUSIVE REMEDY, INDEMNITY” section of these Terms set forth above to the extent applicable.

(c) Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider such as JAMS or the International Centre for Dispute Resolution. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator assigned by AAA that neither party shall choose. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars ($10,000 USD) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars ($10,000 USD) or more, the right to a hearing will be determined by the Arbitration Rules. Any Arbitration will be held in the County of New York, State of New York, currently the location of OVAL Digital’s main offices, unless you reside outside of the U.S., and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings, as detailed below. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider. Any fees for translation services if same are needed and not included in the Arbitration costs shall be fully borne by the party requesting such translation services as set forth above in paragraph (a) and footnote 2 of this Arbitration Agreement.

(d) Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, reputable video conference based tools and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise expressly agreed to in writing by the parties.

(e) Time Limits. If you or OVAL Digital pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e. the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules or set forth herein for the pertinent claim.

(f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and OVAL Digital, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and OVAL Digital.

(g) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court of law and are subject to very limited review by a court of competent jurisdiction. In the event any litigation should arise between you and OVAL Digital in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND OVAL DIGITAL WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

(h) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

(i) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of these Terms shall continue in full force and effect.

(j) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

(k) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with OVAL Digital.

(l) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement. Any such motion or action for emergency equitable or injunctive relief shall be filed in the Federal or State courts located in the County of New York, State of New York and shall be governed in accordance with the Governing Law section of these Terms as set forth above.

(m) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement but shall be limited to the time set forth in the Limitations Period section of these Terms as set forth above.

(n) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in the County of New York, State of New York, U.S. for such purposes.

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OVAL Digital, Inc.

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