End User License Agreement

PUNCH RESCUE END USER LICENSE AGREEMENT

IMPORTANT: PLEASE READ CAREFULLY. YOUR USE OF THE APPLICATION (AS DEFINED BELOW) IS CONDITIONED UPON YOUR COMPLIANCE WITH, AND ACCEPTANCE OF, THE FOLLOWING AGREEMENT.

BY EXECUTING A WRITTEN ORDER FOR THE APPLICATION (WHETHER WITH PUNCH RESCUE OR WITH AN AUTHORIZED RESELLER), OR BY DOWNLOADING, INSTALLING, ACTIVATING, OR USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE AUTHORIZED TO BIND THE ORGANIZATION ON WHOSE BEHALF YOU ARE ACTING; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.

1. DEFINITIONS

• “Application” means, collectively, the Punch Rescue hardware (Rescue Cards, Rescue Rafts, Repeaters, Base Stations), firmware, web and mobile software applications, documentation, and cloud-based services.
• “Rescue Ecosystem” refers to the proprietary mesh-based infrastructure utilizing LoRa and Bluetooth (BLE) technology to transmit emergency signals.
• “Core Services” means the device management, real-time alerting, emergency chat, and 3D indoor mapping provided natively within the Rescue environment.
• “Third-Party Integrations” refers to specialized services utilized by the Platform, including Mappedin (for 3D indoor mapping), RapidSOS (for 911 activation), and STOPit Notify (for optional advanced emergency management).

2. LICENSE GRANT & SCOPE

Subject to the terms of this Agreement and payment of applicable fees, Punch Rescue grants you a limited, non-exclusive, non-transferable license to use the Application within the United States and Canada for its intended purpose of emergency reporting and facility safety management.

3. EMERGENCY SERVICES DISCLOSURE (911 & RAPIDSOS)

• 911 Activation: The Application facilitates emergency activation through RapidSOS to deliver mapped, contextual alerts to Public Safety Answering Points (PSAPs).
• Indoor Mapping Responsibility: Reliability of the 911 response depends on the accuracy of the facility floorplans provided for indoor mapping (via Mappedin).
• Connectivity Requirements: While the system utilizes a LoRa mesh network for on-site redundancy, external reporting to 911 requires an active Ethernet or cellular connection at the Base Station.
• Not a Replacement: The Application should be used in conjunction with—not as a total replacement for—standard emergency protocols and direct 911 dialing.

4. INFRASTRUCTURE & MAINTENANCE

• The Mesh Network: You acknowledge that the system relies on strategically placed Repeaters and Base Stations to provide room-level accuracy and signal coverage.
• Battery Maintenance:
  • Rescue Cards: Operate on two user-replaceable CR2032 batteries with a roughly 12-month lifespan. You are responsible for replacing batteries upon notification of low power.
  • Rescue Rafts: Must be recharged nightly using the provided charging station.
• OTA Firmware Updates: Punch Rescue may remotely deploy Over-the-Air (OTA) software enhancements and security patches to your Repeater and Base Station hardware via Wifi, Ethernet, or Cellular, Bluetooth. You consent to these remote updates as a condition of use. OTA updates for your Cards will be managed locally by administrators on-site using the Punch Rescue mobile app or may be delivered remotely by Repeaters over BLE.

5. ASSUMPTION OF RISK & RELEASE

IN ANY USE OF THE APPLICATION, ESPECIALLY WHEN RESPONDING TO ALERTS, RISK OF SERIOUS PHYSICAL INJURY IS POSSIBLE.

• You acknowledge significant inherent risks, including grave bodily injury, permanent disability, or death, which may arise from your own actions, the actions of others, or the condition of the Application.
• You knowingly and freely assume all risks (known and unknown) and take full responsibility for your use of the Application.

6. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PUNCH RESCUE’S AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THE USE OF THE APPLICATION SHALL NOT EXCEED THE AMOUNT PAID FOR USE OF THE APPLICATION. DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. Punch Rescue is not liable for failures in response times or emergency outcomes resulting from power failures beyond backup battery capacity, internet outages, or inaccurate facility mapping.

• The foregoing limitation of liability shall not apply to (1) personal injury or death resulting from Licensor’s negligence; (2) for fraud; or (3) for any other matter for which liability cannot be excluded by law.

7. PRIVACY & COMPLIANCE

• Location Awareness: The system utilizes BLE and LoRa technology for real-time indoor location tracking of personnel.
• Data Privacy: Punch Rescue is FERPA compliant; data is encrypted and used solely for emergency coordination and system health monitoring.
• Regulatory Compliance: The system meets the requirements of Alyssa’s Law by providing direct, silent panic button connection to law enforcement.

8. SMS & TEXT MESSAGING COMMUNICATIONS

As part of the Application and Core Services, you may receive SMS/text messages from Punch Rescue for alerts, system health monitoring, and emergency coordination.

• Message Frequency: Message frequency varies depending on your facility’s system activity and emergency events.
• Carrier Liability: US carriers (including, but not limited to, AT&T, T-Mobile, and Verizon) are not liable for delayed or undelivered messages.
• Opt-Out: You may opt-out of receiving SMS messages from Punch Rescue at any time by replying STOP to any text message you receive from us. Please note that opting out may impact your ability to receive critical emergency alerts.
• Help & Support: If you need assistance with our text messaging program, simply reply HELP to any message you receive.
• Customer Care Contact: For further support, you can contact our customer care team at support@punchrescue.com or call.

9. TERMINATION & MODIFICATION

Punch Rescue reserves the right to non-materially amend this Agreement by providing notice electronically or by posting the update at app.punchrescue.com or at punchrescue.com/eula. Your continued use of the Application after such notice constitutes acceptance of the non-materially amended terms. Amendments do not reduce the rights granted under an order during its then-current term.

10. HARDWARE OWNERSHIP, CARE, AND RETURN

All Rescue Cards, Rescue Rafts, Repeaters, Base Stations, chargers, and other hardware (the “Hardware”) are provided as part of a subscription service and remain the sole and exclusive property of Punch Rescue at all times. You receive only a right to use the Hardware at the facility identified in your order during the subscription term. This Agreement is not a sale of goods, and no title or ownership interest in the Hardware passes to you or to any reseller. You shall not sell, lease, sublicense, pledge, encumber, or relocate the Hardware outside the licensed facility, and you shall not remove or obscure any Punch Rescue labels or identifiers.

• Care and use: You shall use the Hardware in accordance with the documentation, keep Base Stations and Repeaters powered and connected, replace Rescue Card batteries when notified of low power, and not open, modify, or attempt to repair the Hardware. Punch Rescue will repair or replace Hardware that fails due to a defect, ordinary failure, or normal wear and tear during the subscription term, subject to the replacement allowances stated in your order.
• Risk of loss: You are responsible for the Hardware from delivery until it is returned to Punch Rescue. Hardware that is lost, stolen, or damaged by misuse, accident, or any cause other than a defect or normal wear and tear, in excess of the replacement allowances stated in your order, will be invoiced to you at Punch Rescue’s then-current replacement price.
• Return on expiration or termination: Within thirty (30) days after the expiration or termination of your subscription for any reason, you shall return all Hardware to Punch Rescue at the address Punch Rescue specifies, using the return instructions and prepaid shipping materials Punch Rescue provides. Hardware not returned within that period will be invoiced to you at Punch Rescue’s then-current replacement price, and Punch Rescue may remotely deactivate it.
• Direct enforcement: Punch Rescue may enforce this Section 10 directly against you, whether you ordered the Application from Punch Rescue or from an Authorized Reseller, and you agree to cooperate with Punch Rescue or its designee in recovering the Hardware.

11. PURCHASES THROUGH AUTHORIZED RESELLERS

• Reseller orders: If you obtained the Application through a reseller authorized by Punch Rescue (an “Authorized Reseller”), your pricing, payment terms, subscription term, installation, and first-tier support are governed by your agreement with the Authorized Reseller. This Agreement governs your use of the Application and the Hardware regardless of how you ordered them, and applies in addition to your agreement with the Authorized Reseller.
• No authority to modify: Authorized Resellers are independent businesses and are not agents of Punch Rescue. No Authorized Reseller may modify this Agreement or make any warranty or commitment on behalf of Punch Rescue, and Punch Rescue is not responsible for any representation made by an Authorized Reseller that is not contained in Punch Rescue’s published documentation.
• Suspension: If the Authorized Reseller fails to pay Punch Rescue for your subscription, Punch Rescue may, after giving you at least thirty (30) days’ written notice and an opportunity to arrange payment directly with Punch Rescue, suspend the Application and require return of the Hardware under Section 10.4.
• Third-party beneficiary: Punch Rescue is an intended third-party beneficiary of the hardware ownership, care, risk-of-loss, and return provisions of your agreement with the Authorized Reseller, and may enforce them directly.

12. SOFTWARE OWNERSHIP AND RESTRICTIONS

Punch Rescue and its licensors retain all right, title, and interest in the Application, including all software, firmware, hardware designs, and documentation. You shall not, and shall not permit any third party to, copy, modify, disassemble, decompile, or reverse engineer the Application or any Hardware, or use the Application to build a competing product.

13. YOUR DATA

You retain ownership of the personnel, facility, floorplan, and incident data you and your users submit to the Application (“Customer Data”). You grant Punch Rescue a license to host, process, and transmit Customer Data as necessary to provide the Application, to deliver emergency alerts to public safety answering points and Third-Party Integrations you have enabled, and to monitor system health. Punch Rescue may use de-identified, aggregated usage data to improve the Application. You are responsible for providing any notices and obtaining any consents required under FERPA, COPPA, and applicable state privacy laws for the data you submit.

14. GOVERNING LAW

This Agreement is governed by the laws of the State of North Carolina, without regard to its conflict of laws principles. The state and federal courts located in Mecklenburg County, North Carolina have exclusive jurisdiction over any dispute arising out of this Agreement, and each party consents to that jurisdiction and venue.