Agreement between User and http://www.toreachout.com

Welcome to http://www.toreachout.com. The http://www.toreachout.com website (the “Site”) is comprised of various web pages operated by ToReachout. http://www.toreachout.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of http://www.toreachout.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.

http://www.toreachout.com is an E-Commerce Site, we provide a safe, non-judgmental space where children can freely express their feelings and connect with trusted adults. We empower children to reach out by pressing a button, allowing them to express their concerns about their safety and emotional state of mind. Our goal is to minimize the stigma around mental health issues and encourage children to report these issues and create supportive environments for expression and self-awareness. We believe that regular emotional check-ins can help children become more comfortable with expressing their emotions. Introducing emotional vocabulary early in education can significantly enhance children’s ability to identify and express their emotions.

For more information about the app functionality please visit the FAQ at http://www.Toreachout.com.

Description of Services – SOS and SOM: After the installation of the app, the user is required to allow permission to share accurate location information with the ToReachOut App.

The use of geofencing to trigger alerts when a user enters or leaves a predefined area allows always access permission.

The app has the safe location information entered by the parent user for the child and makes a polygon with the safe location points.

The app sends the location information of the child’s device to the server and the server checks the child’s location inside or outside the safe location polygon.

If the child’s location is inside the polygon, it means the child is in the safe area or if outside the polygon means out of a safe location.

Privacy

Your use of http://www.toreachout.com is subject to ToReachout’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting http://www.toreachout.com or sending emails to ToReachout constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

– Title of Auto-Renewing Subscriptions

We offer two types of auto-renewing subscriptions under the group name “Go Premium”: Monthly Plan and Annual Plan. Your ToReachOut subscription will continue and automatically renew until terminated. You must cancel your membership before it renews in order to avoid billing of the subscription fees for the next billing cycle to your Payment Method (“Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party).

 – Length of subscription

Subscriptions are available in two options: monthly and annual. The length of your billing cycle will depend on the type of subscription plan that you choose when you signed up for the service.

 You can cancel your subscription anytime. However, please note that you will still be charged for the remainder of your current billing period, as refunds for unused time are not available. For more information about the terms related to the length of the subscription please visit http://www.toreachout.com

 – Price of subscription, and price per unit if appropriate

Monthly Subscription: Billed at $5.99 per month, and the subscription auto-renews each month.

Annual Subscription: Billed at $35.99 annually (a 50% savings compared to the monthly plan). This subscription auto-renews each year.

The subscription fee for the ToReachOut service will be charged to your Payment Method on the specific payment date indicated when you sign up.

 – Free Trial and Auto-Renewal Policy

We offer a free trial of seven days with both subscription plans to allow you to explore our features risk-free. At the end of the free trial, your chosen subscription will automatically convert to the corresponding paid plan, and your payment method will be charged.

 – Renewal Terms

At the conclusion of each fixed subscription period, whether monthly or annually, your subscription will automatically renew for the same duration unless canceled before the renewal date.

 – Family Sharing and Multi-Device Access

Users who have subscribed to the ToReachOut subscription (either Monthly or Annual) can share their subscription with up to five family members through Family Sharing on Apple devices. This feature allows everyone to enjoy premium benefits using a single parent account.

 Additionally, subscribers can access their parent account on multiple devices for a seamless experience across all platforms.

 Family Sharing can be enabled in App Store Connect and cannot be undone once activated. For assistance with setup or multi-device access, please contact our support team.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that ToReachout is not responsible for third party access to your account that results from theft or misappropriation of your account. ToReachout and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

ToReachout collects personally identifiable information from children under the age of thirteen. ToReachout collects this information for the following reason(s):

we collect personal information for the purpose of parents being able to track of their children for safe locations assigned and be notified in case of SOS or SOM status.

We provide information about our personal data practices for children on our home page and wherever we knowingly collect personal data from children on our Web site. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you may use http://www.toreachout.com only with permission of a parent or guardian. For more information, please visit the Privacy Policy document.

Parental Permission and Waiver:

This is parents acknowledging that the app is a supplemental tool for monitoring their child’s safety and does not replace active parental supervision. Parents should also be aware that the app’s functionalities (e.g., SOS and SOM) are subject to technological limitations and may not always provide immediate or accurate notifications.

Links to Third Party Sites/Third Party Services

http://www.toreachout.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of ToReachout and ToReachout is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ToReachout is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ToReachout of the site or any association with its operators.

Certain services made available via http://www.toreachout.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the http://www.toreachout.com domain, you hereby acknowledge and consent that ToReachout may share such information and data with any third party with whom ToReachout has a contractual relationship to provide the requested product, service or functionality on behalf of http://www.toreachout.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use http://www.toreachout.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to ToReachout that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of ToReachout or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. ToReachout content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of ToReachout and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ToReachout or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

ToReachout has no obligation to monitor the Communication Services. However, ToReachout reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ToReachout reserves the right to terminate your access to any or all the Communication Services at any time without notice for any reason whatsoever.

ToReachout always reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ToReachout’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ToReachout does not control or endorse the content, messages or information found in any Communication Service and, therefore, ToReachout specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ToReachout spokespersons, and their views do not necessarily reflect those of ToReachout.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to http://www.toreachout.com or Posted on Any ToReachout Web Page

ToReachout does not claim ownership of the materials you provide to http://www.toreachout.com (including feedback and suggestions) or post, upload, input or submit to any ToReachout Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ToReachout, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. ToReachout is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ToReachout’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect your ToReachout account to third party accounts. By connecting your ToReachout account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by ToReachout from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the ToReachout Content accessed through http://www.toreachout.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless ToReachout, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any issues arising from the use or malfunction of the SOS and SOM functionalities, including technical issues related to notification delivery, and both direct and indirect liabilities,

rights of a third party, or your violation of any applicable laws, rules or regulations and ToReachout reserves the right, at its own cost, to assume the exclusive defense and control of

any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ToReachout in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and ToReachout agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TOREACHOUT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

TOREACHOUT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TOREACHOUT AND/OR ITS SUPPLIERS

HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOREACHOUT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TOREACHOUT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

ToReachout reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Virginia, and you hereby consent to the exclusive jurisdiction and venue of courts in Virginia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and ToReachout as a result of this agreement or use of the Site. ToReachout’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ToReachout’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by ToReachout with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ToReachout with respect to the Site and it supersedes all prior or contemporaneous

communications and proposals, whether electronic, oral or written, between the user and ToReachout with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

ToReachout reserves the right, in its sole discretion, to change the Terms under which http://www.toreachout.com is offered. The most current version of the Terms will supersede all previous versions. ToReachout encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

ToReachout welcomes your questions or comments regarding the Terms: Please contact Support@ToReachOut.com

Effective as of January 01, 2023