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 YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; 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.
• 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.

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. 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.

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. Your continued use of the Application after such notice constitutes acceptance of the non-materially amended terms.