These LogicMark Terms and Conditions (this “Agreement”) constitute a binding legal agreement between you as the user (“you”) and LogicMark, Inc.(“LogicMark”) that governs your access to and use of LogicMark’s personal emergency response systems, services and devices (“LogicMark Devices”), LogicMark’s websites, including https://www.logicmark.com/, LogicMark’s mobile applications (“LogicMark Apps”), and LogicMark’s other products and services (collectively “LogicMark Properties”).

BY USING OR ACCESSING THE LOGICMARK PROPERTIES, INCLUDING BY DOWNLOADING, INSTALLING OR USING THE LOGICMARK APPS, YOU: (I) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (II) REPRESENT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER OR THE AGE OF MAJORITY IN YOUR JURISDICTION AND HAVE THE LEGAL CAPACITY TO ENTER INTO A BINDING AGREEMENT; AND (III) AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.  IF YOU ARE NOT EIGHTEEN (18) YEARS OF AGE OR OLDER OR THE AGE OF MAJORITY IN YOUR JURISDICTION OR DO NOT HAVE THE LEGAL CAPACITY TO ENTER INTO A BINDING AGREEMENT, OR YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT ENTITLED TO ACCESS AND USE THE LOGICMARK PROPERTIES AND YOU MUST DISCONTINUE YOUR ACCESS AND USE.

This Agreement REQUIRES all disputes between you and LogicMark to be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION) TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS AGREEMENT. Please review the Section below titled “Binding Arbitration and Class Action Waiver” for details regarding your agreement to arbitrate any disputes with LogicMark.

1.              Grant of Limited License.  Subject to your ongoing compliance with this Agreement, LogicMark hereby grants to you during the term of this Agreement a limited, non-exclusive, non-transferable, revocable license to access and use the LogicMark Properties solely for your personal, non-commercial purposes. LogicMark reserves all rights not expressly granted in this Agreement.

2.              Restrictions.  Your use of the LogicMark Properties and all features and functionalities therein shall be in accordance with all applicable laws, rules, regulations and restrictions. You shall comply with this Agreement and shall not: (i) copy, distribute, modify, adapt, translate, reverse engineer, decompile, or create derivative works based on any part of the LogicMark Properties; (ii) use or encourage the use of the LogicMark Properties for any unlawful purpose, or in violation of any local, state, national or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy; (iii) delete the copyright or other proprietary rights notices from the LogicMark Properties; (iv) remove, modify, disable, block, impair, or obscure any advertising in connection with the LogicMark Properties; (v) abuse or burden LogicMark’s systems or take any steps which could limit, interrupt or destroy the functionality of the LogicMark Properties or any related software or hardware; (vi) misrepresent your identity; (vii) attempt to harvest or otherwise collect information about other users; (viii) insert any code or product or manipulate the LogicMark Properties in any way, including through malicious code such as viruses, worms, Trojan horses, spyware or other potentially harmful programs or other material or information; (ix) post, upload, publish, submit or transmit any content that infringes, misappropriates, violates or encourages conduct that would violate any applicable law or regulation or that is, in whole or in part, false, misleading, deceptive, fraudulent, harassing, threatening, defamatory, obscene, offensive, discriminatory, exploitative or otherwise harmful, or that promotes or relates to the use or sale of unlawful or regulated products or gambling; or (x) sublicense or otherwise authorize any third party to access or use the LogicMark Properties.

3.              Termination.  This Agreement is effective until terminated. LogicMark reserves the right to modify, terminate and suspend the operation of the LogicMark Properties, as well as the provision of any or all products, services or content via the LogicMark Properties, without notice or liability, at any time and for any or no reason in its sole and absolute discretion. The rights granted to you herein shall, at LogicMark’s option, terminate immediately upon any violation of law or this Agreement, or upon expiration or termination of your subscription, as applicable, to access and use the LogicMark Properties, without prejudice to any other rights or remedies of LogicMark. LogicMark reserves the right to terminate your access to and use of the LogicMark Properties at any time for any reason without notice or liability to you or any third party. The terms of this Agreement which by their nature survive termination shall so survive termination, including, without limitation, the disclaimer of warranties, limitation of liability, binding arbitration and class action waiver. Upon termination, you must uninstall the LogicMark Apps and destroy all copies of LogicMark software, information or materials in your possession or under your control.

4.              Data.  You acknowledge and agree that LogicMark shall, without limitation, have the right to collect, extract, compile, analyze, use and commercialize certain technical data, usage data and related information, including, without limitation, technical information about your use of the LogicMark Properties and your device, system, application software and peripherals, for purposes of facilitating the provision of software updates, support and other products and services related to the LogicMark Properties. LogicMark and its affiliates shall have the right to use this information, in a form that does not personally identify you, to measure the use and performance of the LogicMark Properties and to improve its or their products or to provide services or technologies to you. More information about LogicMark’s data collection and use is available in LogicMark’s Privacy Policy.

5.              Account Registration; Security.  In order to access certain features of LogicMark Properties, you will have to create an account. You agree that the information you provide to LogicMark upon registration and, at all other times, shall be true, accurate, current, and complete. You acknowledge, consent and agree that LogicMark may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to your requests for customer service; (iv) protect the rights, property or personal safety of LogicMark, each of its users, and the public; or (v) otherwise in accordance with the Privacy Policy. When you register for the LogicMark Properties, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your device, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you shall immediately notify LogicMark. You may be liable for losses incurred by LogicMark or others due to any unauthorized use of your account.

6.              Updates and Support.  LogicMark may from time to time in its sole discretion develop and provide updates to the LogicMark Properties, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that LogicMark has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when your device is connected to the internet: (i) the LogicMark Apps may automatically download and install any available Updates; or (ii) you may be prompted to download and install an Update. You acknowledge that failing to promptly download and install Updates may result in failure of the LogicMark Properties to properly operate. You further agree that all Updates shall be deemed part of the LogicMark Properties and subject to the terms and conditions of this Agreement. LogicMark may from time to time in its sole discretion provide support services for the LogicMark Properties. In no event shall LogicMark, or Apple or Go