Emergency Services Addendum

ShadowPing LLC ("ShadowPing") provides 911 Services through its Zyvora platform subject to these 911 Terms and Conditions (the "Terms and Conditions"), which are in addition to and supplement the Zyvora Platform Terms of Service (the "Agreement"). These Terms and Conditions are subject in all respects to the terms of the Agreement. In the event of any direct conflict between these Terms and Conditions and the Agreement, these Terms and Conditions shall control. Capitalized terms not defined here have the meaning given to them in the Agreement.

To be eligible to use Zyvora's 911 Services, you must review and accept these Terms and Conditions by clicking the "I Accept" button or other mechanism provided. PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY. ONCE ACCEPTED, THESE TERMS AND CONDITIONS BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU AND SHADOWPING LLC. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT CLICK THE "I ACCEPT" BUTTON AND YOU SHOULD NOT USE ZYVORA'S 911 SERVICES.

This page is the reference copy of the addendum. Acceptance is recorded in the Zyvora platform when you enable the phone features.

For the purposes of these Terms and Conditions, the following terms have the following meanings:

• "911 Call(s)" means any call made dialing the digits 9-1-1 regardless of whether such call is made using Basic 911, Enhanced 911, or a PSAP.
• "911 Services" means functionality available through the Zyvora platform that allows end users to contact emergency services by dialing the digits 9-1-1.
• "Basic 911" means the ability to route an emergency call to the designated entity authorized to receive such calls serving the Subscriber's Registered Emergency Address. With Basic 911, the 911 professional answering the phone will not have access to the End User's telephone number or emergency address information unless the End User provides such information verbally during the emergency call.
• "End User" means any individual placing a 911 Call from a Subscriber's Phone Number, including but not limited to salon staff, employees, and other authorized users of the Subscriber's phone system.
• "Enhanced 911" or "E911" means the ability to route an emergency call to the designated entity authorized to receive such calls serving the Subscriber's provided address and to deliver the End User's telephone number and corresponding Registered Emergency Address information automatically to the 911 professional answering the call.
• "Phone Number" means a United States or Canada telephone number provisioned by the Subscriber through the Zyvora platform and properly configured for voice services.
• "Public-Service Access Point" or "PSAP" means an answering location for 911 Calls originating in a given area. PSAPs are public safety agencies such as police, fire, emergency medical, and other emergency response organizations, or a common bureau serving a group of such entities.
• "Registered Emergency Address" or "REA" means the physical address provided by the Subscriber through the Zyvora platform to be used for E911 and Basic 911, which may be used to dispatch police, fire, emergency medical, and other emergency response resources.
• "SIP" means Session Initiation Protocol, which is the signaling protocol used between VoIP networks to establish, control, and terminate voice calls.
• "Subscriber" means the salon, business, or organization that has subscribed to the Zyvora platform and is utilizing Zyvora's voice communication services.
• "VoIP" means Voice over Internet Protocol.

(i) E911 Services. With E911, when an End User places a 911 Call through the Zyvora platform, such call will typically be routed to the local PSAP that covers Subscriber's REA. The 911 professional will receive the Phone Number associated with the 911 Call and the Subscriber's REA. Subscriber understands that Subscriber, and not ShadowPing, must properly register and validate a Registered Emergency Address for each voice-capable Phone Number through the Zyvora platform in order for emergency services to receive accurate location information.

(ii) Basic 911. In areas where E911 is not available, 911 Calls will be routed using Basic 911. With Basic 911, 911 professionals will not automatically receive the End User's phone number or REA. End Users must provide both call-back and emergency address information to the 911 professional verbally. If the 911 Call is dropped or disconnected, or if the End User is unable to speak, the 911 professional will not be able to call the End User back or dispatch emergency assistance to the End User's physical location.

(iii) National PSAP Routing. A 911 Call placed from a Phone Number that does not have a validated Registered Emergency Address is not blocked. The call will be placed, and will be routed to a national emergency center without location information. The 911 professional will not receive the Subscriber's REA and must obtain the End User's location verbally. If the 911 Call is dropped or disconnected, or if the End User is unable to speak, the 911 professional will not be able to dispatch emergency assistance to the End User's physical location. Routing to a national emergency center results in delayed emergency response and incurs the surcharge described in Section 5. Subscriber can avoid both by ensuring that every voice-capable Phone Number has a validated Registered Emergency Address.

(iv) Subscriber will only utilize Zyvora's E911 and/or Basic 911 services for lawful business purposes related to the operation of Subscriber's salon or business.

(i) Subscriber will provide and keep current the correct and valid Registered Emergency Address for each Phone Number for which the Subscriber desires 911 Services. The REA provided must include sufficient information to enable emergency responders to locate the End User.

(ii) Subscriber will be solely responsible for compliance with all applicable laws and/or other governmental requirements imposed or required by any state, federal, or other applicable governmental authority regarding emergency calling services.

(iii) Subscriber will inform all staff, employees, and other persons who may use the Subscriber's phone system of the differences between traditional 911 and VoIP 911 service, including the limitations described in these Terms and Conditions.

(iv) Subscriber will test 911 Services after initial setup and periodically thereafter, and will notify ShadowPing through the Zyvora platform if Subscriber identifies any issues with the 911 Services at any time.

(v) Subscriber acknowledges that if the Subscriber's business operates from multiple locations, a separate Registered Emergency Address must be configured for each location's Phone Numbers.

Subscriber shall pay $2.00 per month per Phone Number enabled to use the 911 Services, in addition to any other applicable Zyvora platform fees.

In the event a 911 Call is placed from a Phone Number that does not have a validated Registered Emergency Address, the call will be routed to a national emergency center without location information. A surcharge of $100.00 per call will apply to cover the costs associated with national emergency call routing. Subscriber can avoid this surcharge by ensuring all voice-capable Phone Numbers have a validated Registered Emergency Address.

All payments shall be made pursuant to the payment terms of the Agreement.

These Terms and Conditions will apply for the duration that Subscriber uses the 911 Services through the Zyvora platform.

SUBSCRIBER ACKNOWLEDGES AND AGREES THAT ZYVORA'S EMERGENCY SERVICE IS INTERNET-BASED AND THAT INTERNET 911 SERVICES ARE DIFFERENT FROM TRADITIONAL WIRELINE TELEPHONE SERVICE. SUBSCRIBER FURTHER ACKNOWLEDGES THAT THE ZYVORA 911 SERVICES MAY NOT SUPPORT BASIC 911 OR E911 DIALING IN THE SAME MANNER AS TRADITIONAL WIRELINE PHONE SERVICE. FOR E911 TO BE ACCURATELY ROUTED TO THE APPROPRIATE EMERGENCY RESPONDER, THE SUBSCRIBER MUST PROVIDE A VALIDATED REGISTERED EMERGENCY ADDRESS FOR EACH VOICE-CAPABLE PHONE NUMBER THROUGH THE ZYVORA PLATFORM.

SUBSCRIBER ACKNOWLEDGES AND AGREES TO INFORM ALL STAFF, EMPLOYEES, AND OTHER PERSONS WHO MAY USE THE PHONE SYSTEM THAT 911 SERVICES WILL NOT FUNCTION IF THERE IS A SERVICE FAILURE DUE TO ANY OF THE FOLLOWING CIRCUMSTANCES: (A) POWER FAILURE OR LOSS OF INTERNET CONNECTIVITY, (B) SUSPENDED OR TERMINATED ZYVORA PLATFORM SERVICES, (C) SUSPENSION OF SERVICES DUE TO BILLING ISSUES, AND/OR (D) ANY OTHER SERVICE OUTAGE. SUBSCRIBER FURTHER ACKNOWLEDGES AND AGREES TO INFORM THOSE PERSONS THAT A 911 CALL PLACED FROM A PHONE NUMBER THAT DOES NOT HAVE A VALIDATED REGISTERED EMERGENCY ADDRESS WILL CONNECT, BUT WILL REACH A NATIONAL EMERGENCY CENTER THAT DOES NOT RECEIVE THE CALLER'S LOCATION, AND THE CALLER MUST BE ABLE TO STATE THEIR OWN ADDRESS.

SUBSCRIBER FURTHER ACKNOWLEDGES THAT FAILURE TO PROVIDE A CORRECT PHYSICAL ADDRESS MAY CAUSE ALL 911 CALLS TO BE ROUTED TO AN EMERGENCY SERVICE PROVIDER NOT LOCATED NEAR THE END USER. USE OF THE 911 SERVICES FROM A LOCATION OTHER THAN THE LOCATION INDICATED IN THE REA MAY RESULT IN 911 CALLS BEING ROUTED TO AN EMERGENCY SERVICE PROVIDER NOT LOCATED NEAR THE END USER.

SUBSCRIBER ACKNOWLEDGES AND AGREES THAT SHADOWPING LLC, ITS UNDERLYING CARRIERS, AND ANY OTHER THIRD PARTIES INVOLVED IN THE ROUTING, HANDLING, DELIVERY, OR ANSWERING OF 911 CALLS, NOR THEIR OFFICERS OR EMPLOYEES, SHALL BE HELD LIABLE FOR ANY CLAIM, DAMAGE, LOSS, FINE, PENALTY, OR COST (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) ARISING FROM OR RELATING TO THE PROVISION OF 911 SERVICES, AND SUBSCRIBER HEREBY WAIVES ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION.

ABSENT GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY SHADOWPING, SHADOWPING WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE SUSTAINED BY SUBSCRIBER OR ANY END USERS DUE TO ANY FAILURE IN OR BREAKDOWN OF THE COMMUNICATION FACILITIES ASSOCIATED WITH PROVIDING THE 911 SERVICES, OR FOR ANY DELAY, INTERRUPTION, OR DEGRADATION OF THE SERVICES. IN NO EVENT WILL SHADOWPING'S AGGREGATE LIABILITY TO SUBSCRIBER FOR ANY LOSS ARISING OUT OF THE 911 SERVICES EXCEED THE AMOUNTS PAID BY SUBSCRIBER FOR THE 911 SERVICES DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE.

Subscriber agrees to release, indemnify, defend, and hold harmless ShadowPing LLC from any claims, suits, proceedings, expenses, losses, liabilities, or damages by any party arising out of the use or attempted use of the 911 Services, including (a) claims arising from incorrect or outdated Registered Emergency Address information, (b) claims arising from the failure of Subscriber to inform End Users of the limitations of VoIP 911 services, and (c) all other claims arising out of any act or omission of Subscriber or any End User, caused or claimed to have been caused, directly or indirectly, by the 911 Services or any equipment associated therewith.