itsimportant.com™

Terms and Conditions

Updated November 2, 2024

These Terms of Service are entered into by and between TETQ, LLC, a Florida

limited liability company (“TETQ,” “we” or “our”) and you (“you” or “your”).

You and TETQ may also be referred to individually as a “Party” and,

collectively, as the “Parties.”

IT IS ESSENTIAL THAT YOU READ THESE TERMS OF SERVICE

AS THEY DESCRIBE AND, IN SOME CASES, LIMIT YOUR RIGHTS.

YOUR USE OF THIS SITE INDICATES

YOUR ACCEPTANCE OF THIS AGREEMENT.

IF YOU SUBSCRIBE TO ITSIMPORTANT.COM

ITSIMPORTANT.COM IS INTENDED TO GIVE PEOPLE YOU DESIGNATE

ACCESS TO YOUR INFORMATON WHEN YOU CANNOT.

FAILURE TO RESPOND TO YOUR TEXTS (TEXT MESSAGES) OR FAILURE TO

CHANGE YOUR TEXT SCHEDULE IF YOU WILL BE UNAVAILABLE CAN

RESULT IN DISCLOSURE OF SENSITIVE INFORMATION AND DOCUMENTS

INCLUDING MEDICAL RECORDS, INSURANCE AND END OF LIFE

ARRANGEMENTS.

Your carrier may impose charges on the receipt of text messages.

You can get your TEXT on a smart watch but you cannot yet respond from a smart

watch. You must reply from your smart phone. (We will let you know when this feature

is updated.)

TETQ owns and operates the platform known as “itsimportant.com” and such other related online websites

and applications as we may create and with which it may partner (collectively, the “Site”) where we offer

to our subscribers (each, a “Subscriber” and, collectively, “Subscribers”) wellness checks, secure storage of

important personal documents and information (collectively, “Personal Documents”), notifications and a

system by which a Subscriber can designate certain people (“Contacts”) to receive specified information in

1the event the Subscriber is unable to deliver the Personal Documents (the “Service” or “Services”), as more

fully described below.

The General Terms & Conditions (“General T&Cs”), the Subscriber Terms & Conditions (“Subscriber

T&Cs”) and the Contact Terms & Conditions (“Contact T&Cs”) set out the terms and conditions on which

we make the Site available to you and, should you choose to become a Subscriber, provide our Services to

you and your Contacts (collectively with the documents referred to herein, this “Agreement”).

You may access most areas of the Site without being a Subscriber (each person who uses or views the Site,

whether or not they subscribe, is a “User”), in which case only the General T&Cs will apply to you. Using

the Site indicates that you accept the General T&Cs even if you do not become a Subscriber.

NOTE: If you do not accept the General T&Cs, do not use the Site.

Certain areas of the Site may be available only if you are a Subscriber. If you wish to become a Subscriber,

you will be asked to confirm expressly that you have read and you accept the Subscriber T&Cs as well as

the General T&Cs.

NOTE: Any person you choose as a Contact will be required to accept the Contact T&C’s prior to

becoming activated as a Contact.

We may revise this Agreement at any time by updating this posting. You should check the Site from time to

time to review the current version of this Agreement because they are binding on you. Certain provisions in

this Agreement may be superseded by expressly designated legal notices located on particular pages of the

Site.

If you are a Subscriber or a Contact, we will use our best efforts to send you an email whenever a revision

to this Agreement.

Any rights not expressly granted in these terms are reserved.

2GENERAL TERMS & CONDITIONS

1. DEFINITIONS

In addition to such definitions as are included in this Agreement, the following terms shall have the

meanings provided herein.

“Affiliate” of a Party means (1) any corporation, partnership, trust or other entity controlling, controlled by

or under common control with such Party; (2) any executive officer, director, trustee or general partner of

any Party described in (1) above; or (3) any spouse, lineal ancestor, lineal descendant or member of the

household of such Party. For purposes of this definition, the term “control” shall mean the control or

ownership of fifty percent (50%) or more of the voting securities in the Party referred to.

“Cause” means a violation of these T&Cs.

“Designated Information” means such Personal Documents as the Subscriber may choose to make available

to a particular Contact.

“Contact” means a Person chosen by a Subscriber to receive Designated Information upon release by the

Site.

“Documentation” means any websites, manuals, videos, documentation, emails and other supporting

materials related to the Site that TETQ provides to you or that you can access under this Agreement,

including but not limited to Subscriber Resources. Documentation is considered part of the Site.

“Emergency Alert” means a non-scheduled TEXT to the Subscriber and, if necessary, the Primary Contact

to enable a release of insurance and medical information to the appropriate Contact(s).

“Primary Contact” means the Contact chosen by the Subscriber to be contacted first in the event the

Subscriber is not responsive to their TEXT and to confirm or reset the Services, including initiating an

emergency alert.

“Person” means an individual or a legal entity such as a corporation, limited liability company or trust.

“Personal Information” means the contents of your profile including names and contact information of

Contacts.

“Recovery Period” means Sixty (60) days after the death of a Subscriber.

“Scheduled TEXT” means a TEXT which a Subscriber sets to their desired frequency (i.e., once a day,

every other day, every 3 days, etc.).

“Subscriber Resources” means videos, publications, documentation, websites, apps or other benefits that

are accessible only to Subscribers.

“Subscription” means the agreement by which we agree to provide the Services and you agree to pay the

Subscription Fee.

“Subscription Fee” means the fee for the Subscription Plan chosen by the Subscriber.

“Subscription Plan” means the plan subscribed to in the Registration Form.

“Technology” means any software, code or device that uses or processes the foregoing, or any invention

(whether or not registered).

“TEXT” means a text message sent to a Subscriber, Primary Contact or Contacts to request a response.

“Your Data” means all Personal Information and Personal Documents input or uploaded to the Site by you.

2. AGREEMENT TO BE BOUND

You agree to be bound by this Agreement by your use of the Site. If you do not agree with or do not wish to

be bound by any provision hereof, cease using this Site immediately.

33. ACCESS

3.01 While we endeavor to ensure that the Site is available 24 hours a day, we shall not be liable if, for any

reason, the Site is unavailable at any time or for any period.

3.02 Access to the Site may be suspended temporarily and without notice in the case of a system failure,

maintenance or repair or for any reasons beyond our control.

3.03 Suspension of access to the Site will not necessarily affect the Services, which are separate and

distinct from the Site.

3.04 Any information about you that we process will be collected and processed in accordance with our

collection and processing.

3.05 You may not misuse the Site (including, without limitation, by hacking).

3.06 We will co-operate fully with any law enforcement authorities or court order requesting or directing us

to disclose the identity of or locate anyone posting any material in breach of this Agreement.

4. CONTENT

4.01 While we endeavor to ensure that the information on the Site is correct, we do not warrant the

accuracy or completeness of the material on the Site. We may make changes to the material on the Site at

any time and without notice. The material on the Site may be out of date, and we make no commitment to

update such material.

4.02 THE CONTENTS OF THE SITE ARE PROVIDED “AS IS,” AND WE PROVIDE NO

WARRANTIES IN RESPECT OF SUCH CONTENTS. TO THE MAXIMUM EXTENT PERMITTED

BY LAW, TETQ DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY

OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND

THOSE ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.

4.03 You are permitted to view, print and download extracts from the Site for your own use provided:

(a) (b) (c) no documents or related graphics on the Site are modified in any way;

no graphics on the Site are used separately from the corresponding text; and

our copyright notices and this permission notice appear in all copies.

4.04 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Site

(including, without limitation, photographs and graphical images) are owned by us or our licensors. Except

as agreed otherwise, any use of extracts from the Site other than in accordance with Section 4.03 is

prohibited, and if you violate Section 4.03, your permission to use the Site automatically terminates and

you must immediately destroy any downloaded or printed extracts from the Site.

4.05 Subject to Section 4.07, no part of the Site may be reproduced or stored on any other website or

included in any public or private electronic retrieval system or service without our prior written permission.

4.06 Links to third-party websites on the Site are provided by us solely for your convenience. If you use

these links, you leave the Site. We have not reviewed any of such third-party websites and do not control

and are not responsible for their content, security or availability. We do not, therefore, endorse or make any

representations about them, any material found on such sites or any consequences of viewing or using such

4websites. If you decide to access any of the third-party websites linked to the Site, you do so entirely at

your own risk and agree that TETQ shall not be liable for any loss, injury and/or damages you may suffer

and/or experience as a result of accessing the third-party website.

4.07 If you would like to link to the Site, you may do so provided:

(a) you do not replicate any page of the Site;

(b) you do not remove, distort or otherwise alter the size or appearance of any logos used by us on the

Site;

(d) you do not in any way imply that we are endorsing any products or services other than our own;

(e) you do not misrepresent your relationship with us or present any other false information about it;

(f) you do not otherwise use any trademarks owned by TETQ (whether these are registered or

unregistered) which are displayed on the Site without our express written permission;

(g) you do not link from a website that is not either owned by you or under your account (e.g., your social

media account); and

(h) your website does not contain content that we, in our sole discretion, consider to be distasteful,

offensive or controversial, an infringement of any intellectual property rights or other rights of any other

person or which does not otherwise comply with all applicable laws and regulations.

4.08 We expressly reserve the right to revoke the right granted in Section 4.07 for any or no reason and to

take any action that we deem appropriate.

4.09 You agree to fully indemnify us for any loss or damage that we may suffer by your breach of Section

4.07.

5. TITLE

TETQ owns or licenses all rights, title and interest in and to the Site, the Subscriber Resources as well as

any trademarks, copyrights, trade secrets and inventions, whether or not any of the foregoing are registered,

and any ideas, suggestions, proposals, research or test results obtained through, from or as a result of your

use of the Site and/or feedback provided by you regarding the Site (collectively, “TETQ Assets”). Your

rights to the Site are limited to the rights expressly granted to you in this Agreement. TETQ reserves all

rights not expressly granted in this Agreement. You agree that you shall not attempt to claim, register or

protect any interest in or to the TETQ Assets.

6. DISCLAIMER; WAIVERS

6.01 To the maximum extent permitted by law, we hereby disclaim and you hereby waive any claims

against us based on, relating to or arising from the use, inability to use or results of the use of the Site or the

Services, any websites linked to it and any materials posted on it including, without limitation any liability

for:

(a) loss of income or revenue;

(b) loss of business;

(d) loss of anticipated savings;

(e) loss of data;

(f) loss of goodwill;

5(g) any unauthorized person uses your username and/or password to access the Site with any result,

including but not limited to making changes in authorizations;

(h) the Site is totally or partially inoperative or inaccessible;

(i) use of the Site;

(j) viruses or other malicious software are transferred to your computer or other device by using the Site;

(k) there are bugs, errors or inaccuracies in the Services or the results produced by the Site;

(l) third-party content, actions or inactions on or with respect to the Site;

(m) a suspension or other action taken with respect to your account by us;

(n) deletion, corruption or destruction of any of Your Data; and

(o) for any other loss, injury or damage of any kind, however arising and whether caused by tort

(including negligence), breach of contract or otherwise, even if foreseeable including but not limited to

emotional distress or personal injury resulting therefrom.

For purposes of this section, any reference to TETQ shall include TETQ’s Affiliates, joint venture

associates and the owners, directors, officers, employees, agents, contractors and vendors of each.

6.02 No waiver by TETQ of any breach by you of any condition or provision of this Agreement shall be

deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent

time, nor shall the failure of or delay by TETQ in exercising any right, power, or privilege under this

Agreement operate as a waiver to preclude any other or further exercise thereof or the exercise of any other

such right, power, or privilege.

7. REPRESENTATIONS & WARRANTIES

You represent and warrant that:

(a) you are 18 years of age or older and capable of entering into and agreeing to be bound by this

Agreement;

(b) (c) you are solely responsible for compliance with local laws in connection with your use of the Site; and

it is legal for you to view the Site in the jurisdiction to which you are subject.

8. TERMINATION

(a) If you are not a Subscriber or a Contact, we may, in our sole discretion, restrict or terminate your

access to and/or use of the Site without prior notice.

(b) If you are a Contact, we may, in our sole discretion, restrict or terminate your access to and/or use of

the Site without prior notice where:

(i) there is a regulatory or statutory change limiting our ability to provide access to the Site;

(ii) there is any event beyond our reasonable control preventing us from providing access to the Site (for

example, and without limitation, technical difficulties, capacity problems and communications failures); or

(iii) we consider that you are abusing the Site or are otherwise acting in violation of this Agreement.

(iv) If you are a Subscriber, your access to the Site will be subject to the termination provision of the

Subscriber T&Cs.

9. GOVERNING LAW; DISPUTE RESOLUTION

9.01 This Agreement will be governed by and interpreted in accordance with the laws of the State of

Florida, USA, without giving effect to any principles of conflict of laws.

69.02 Arbitration.

(a) Amicable Dispute Resolution. In the event of a dispute between the Parties hereunder (each, a

“Dispute”) that cannot be settled amicably, such Dispute shall be resolved by arbitration, as provided herein

below. Notwithstanding the foregoing, nothing in this section shall prevent a Party from seeking interim

injunctive or other equitable relief in any court of competent jurisdiction to preserve the status quo or to

prevent irreparable harm pending resolution of any Dispute.

(b) Procedure. Any claim, dispute or controversy arising out of or relating to this Agreement and not

resolved amicably shall be submitted by the Parties to binding arbitration in Miami-Dade County, Florida,

by a single (1) arbitrator in accordance with the rules of the American Arbitration Association (“AAA”),

governed by the laws of the State of Florida. Each Party shall have full rights of discovery in any such

proceeding.

(i) Decision Final. The Parties agree to exercise their respective rights under AAA Rules to cause any

arbitration proceeding under this section to be finalized and a decision rendered by the arbitrator as soon as

reasonably practicable, but in no event more than six (6) months after commencement of such arbitration

proceeding.

(ii) Confidentiality. Except as otherwise required by law, the Parties and arbitrator shall maintain as

confidential all information and documents obtained during the arbitration process, including the resolution

of the dispute.

(iii) Jurisdiction. Each Party irrevocably and unconditionally (i) consents to the jurisdiction of any such

proceeding and waives any objection that it may have to personal jurisdiction or the laying of venue of any

such proceeding; and (ii) knowingly and voluntarily waives its rights to have disputes tried and adjudicated

by a judge and jury except as otherwise expressly provided herein.

(iv) Final Judgment. Any award rendered by the arbitrator(s) shall be final and binding upon the Parties.

Judgment upon the award may be entered in any court of competent jurisdiction.

Agreement may cause irreparable harm to the affected Party for which monetary damages are not a

sufficient remedy. In such event, the affected Party may, without waiving any other rights or remedies and

without posting a bond or other security, seek an injunction, specific performance or other equitable

remedy.

(d) In the event of a request to a court of competent jurisdiction for equitable relief, THE PARTIES

HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST

EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT THEY MAY HAVE TO TRIAL

BY JURY OF ANY CLAIM OR CAUSE OF ACTION, OR IN ANY LEGAL PROCEEDING,

DIRECTLY OR INDIRECTLY BASED UPON OR ARISING OUT OF THIS AGREEMENT OR THE

TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT (WHETHER BASED ON CONTRACT,

TORT OR ANY OTHER THEORY). EACH PARTY (A) CERTIFIES THAT NO REPRESENTATIVE,

AGENT OR ATTORNEY OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR

OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK

TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE

OTHER PARTY HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG

OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION. EACH

PARTY HERETO CONSENTS TO SERVICE OF PROCESS BY CERTIFIED MAIL AT ITS ADDRESS

LISTED HEREIN.

9.03 You agree that you may bring a claim against TETQ only in your capacity as an individual User, not

as the member of or participant in any group or class.

79.04 The non-prevailing Party in any arbitration or court proceeding shall pay the other Party’s costs and

expenses (including reasonable attorneys’ fees) and reimburse the other Party for its portion of the

arbitration costs. In the event that neither Party wins the arbitration totally, reimbursement shall be made

proportionally in accordance with the AAA Rules. If a Party fails to proceed with arbitration,

unsuccessfully challenges the arbitration award, or fails to comply with the arbitration award, the other

Party shall be entitled to costs, including reasonable attorneys’ fees and disbursements, for having to

compel arbitration or defend or enforce the award.\

9.05 The exercise of any right or remedy herein provided shall be without prejudice to any other right or

remedy provided herein, at law, or in equity.

10. LIMITATION OF LIABILITY

To the extent permitted by law, in no event shall TETQ have any liability to you for any indirect, special,

incidental, punitive, or consequential damages (including but not limited to for loss of profit, revenue or

data) arising out of or in connection with the Site, your use of the Site or this Agreement, however caused,

and under whatever cause of action or theory of liability brought (including under any contract, negligence,

indemnification or other tort theory of liability) even if advised of the possibility of such damages. To the

extent permitted by applicable law, TETQ’s total cumulative liability to you or any third-party arising out

of or in connection with the Site, your use of the Site, the Services or this Agreement, from all causes of

action and all theories of liability, will be limited to and will not exceed the greater of One Hundred US

Dollars ($100.00) or the amount paid by you to TETQ during the Twelve (12) months immediately

preceding the claim. The Parties agree that this section represents a reasonable allocation of risk.

11. MISCELLANEOUS

11.01 No Third-Party Beneficiaries.

This Agreement shall be binding upon and inure to the benefit of the Parties and their respective permitted

successors, heirs, personal representatives and assigns. Subject to the foregoing sentence, this Agreement is

for the exclusive benefit of the Parties and there shall be no third-party beneficiary to any of the provisions

of this Agreement except the indemnitees (other than the Parties) described in the Subscriber T&Cs.

11.02 Independent Contractor.

TETQ is and will be deemed to be an independent contractor with respect to you in regard to the subject

matter of this Agreement, and nothing contained in this Agreement will be deemed or construed in any

manner whatsoever as creating any partnership, joint venture, employment, agency, fiduciary or other

similar relationship between TETQ and you.

11.03 Assignment.

You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise.

TETQ may assign this Agreement, in part or whole, without your consent to an Affiliate or in connection

with a merger, acquisition, corporate reorganization or sale of all or substantially all of its assets or equity.

Subject to the foregoing and Section 11.01, this Agreement shall bind and inure to the benefit of the Parties,

their respective successors and permitted assigns.

11.04 Amendment.

TETQ may amend this Agreement at any time, in its sole and absolute discretion; provided any changes in

the Subscriber T&Cs shall be binding only upon renewal of the Subscription (unless TETQ terminates your

8Subscription). Your continued use of the Site after the effective date of any such modification (or, in the

case of modifications to Subscriber T&Cs, after the renewal of your Subscription) shall be conclusive

evidence of your consent to be bound by such modification.

11.05 Force Majeure.

Neither Party will be responsible for any failure or delay in its performance under this Agreement (except

for any payment obligations) due to causes beyond its reasonable control, including, without limitation, acts

of God, strikes, lockouts, riots, acts of war, epidemics, pandemics, communication line failure,

governmental orders (including but not limited to quarantines and business closures) and power failures.

11.06 Severability.

If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such

provision shall be changed and interpreted so as to best accomplish the objectives of the original provision

to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full

force and effect.

11.07 Interpretation.

If this Agreement is ever construed, whether by a court or arbitrator, such court or arbitrator will not

construe this Agreement, or any provision hereof, against any Party as the drafter. This Agreement is

written in English and, notwithstanding the translation or translatability into other languages, the English

language version of this Agreement shall be controlling.

11.08 Headings.

The headings used herein are for convenience only and shall not be deemed to define, limit or construe the

contents of any provision of this Agreement. The meanings given to terms defined herein will be equally

applicable to both the singular and plural forms of such terms. Whenever the context may require, any

pronoun includes the corresponding masculine, feminine and neuter forms.

11.09 Entire Agreement.

This Agreement constitutes the entire agreement and understanding of the Parties with respect to the

subject matter of this Agreement, and supersedes any and all prior understandings and agreements, whether

oral or written, between the Parties with respect to the subject matter of this Agreement

11.10 Survival.

Those provisions of this Agreement that by their terms or sense are intended to survive termination or

expiration of this Agreement will survive and remain in full force and effect, including, without limitation,

Sections 4.02, 5, 6, 8, 9-11.

9SUBSCRIBER TERMS & CONDITIONS

(For Subscribers Only, in addition to the General T&Cs)

These Subscriber T&Cs are in addition to the General T&Cs which, together, comprise the Agreement that

you enter into with TETQ to become a Subscriber.

All the provisions of the General T&Cs apply to Subscribers.

While ALL of the T&Cs are important and you agree to all of them, these are ESSENTIAL:

As the purpose of itsimportant.com.com is to let people know when you cannot do so and to disclose

critical and personal information of yours when you cannot, you MUST:

Reply to your scheduled TEXT promptly OR, if you know you will be away or unavailable, change your

scheduled text.

If you do not RESPOND TO YOUR TEXT WITHIN 24 HOURS, your Primary Contact (or, if your

Primary Contact does not respond to their TEXT, then your Contacts) WILL BE NOTIFIED AND can

trigger the notices and information release.

1. REGISTRATION, IN GENERAL

1.01 Subscriptions are not available to persons under 18 years of age.

1.02 Each Subscription is for a single user only and it is not transferable.

1.03 Responsibility for the security of any passwords issued rests SOLELY with you and you are

responsible for all actions taken with your username and password. You specifically agree that TETQ is

NOT responsible for and shall not be liable for any unauthorized access to your account and information

due to unauthorized access to your username and password.

1.04 You may upgrade your Subscription Plan at any time upon payment of any applicable additional

Subscription Fee.

2. YOUR REPRESENTATIONS AND WARRANTIES

In addition to the representations and warranties contained in the General T&Cs, you represent and warrant

the following:

2.01 You are an individual 18 years of age or older.

2.02 You are using the Services with no intent to broadcast, republish, misrepresent, edit, copy, display or

in any way use the Services for any purpose other than your personal use.

3. THE SERVICES

3.01 TETQ shall provide the Services described below and subject to the Subscription Plan you chose in

the Registration Form and as a result of any subsequent changes made by you. The following is not an

exhaustive list of each element of the Services; but is rather intended to explain the approach of

itsimportant.com.com

3.02 TEXTs (Notifications). All Subscription Plans enable you to set up TEXTs at a time and on a

frequency of your choice as offered by the Site (Scheduled TEXTs). The TEXT is to confirm your well-

being.

10(a) scheduled.

(b) ways:

1) scheduled.

2) Upon your reply to the TEXT, the system will reset and you will receive your next TEXT as you

If you do not reply within 24 hours, your Primary Contact will receive a TEXT, giving your Primary

Contact an opportunity to determine whether you are well. Your Primary Contact can respond in one of 3

You are well, in which case the system will reset and you will receive your next TEXT as you

You have had a medical emergency for which hospitalization is immediately required (NOT JUST

THAT YOU ARE ILL OR NEED TO SEE A DOCTOR), in which case your medical records and

insurance information will be immediately accessible by the people who YOU designated (your Contacts)

to receive such information. (REMEMBER: You can change Contacts and their access at any time as long

as the desired Contact has registered with TETQ and agrees to the General T&Cs and the Contact T&Cs. )

3) In the event of your passing, your Primary Contact will be prompted to upload a death certificate and,

upon confirmation by us that the death certificate is valid, all of the documents and information you have

stored will be accessible by the persons you designated and your Contacts will receive notification that such

information is available and they should log into their IT’S IMPORTANT! Dashboard to see what folders, if

any, each Contact has access to.

choices as provided to your Primary Contact above. The first response will have the same effects as

indicated above for the Primary Contact. However, if we receive conflicting responses from your Contacts,

we will review the situation and do our best to resolve the difference.

NOTE: Each Contact must register with itsimportant.com.com at the time you add each as a Contact,

otherwise they will not be activated as a Contact. You must have a Primary Contact to activate the TEXTs.

3.03 Storage of Personal Documents.

(a) Both the “Plus” and “Enhanced” Subscription Plans enable you to store a variety of information (your

Personal Documents) to be released to your Contacts in the event you do not reply to your Scheduled

TEXT and:

1) your Primary Contact responds to their TEXT that you need or are receiving medical attention, in

which case your medical and insurance information is made accessible; or

2) your Primary Contact responds to their TEXT that you are deceased, in which case the Primary

Contact will be prompted to upload a death certificate and, upon verification by us of the death certificate,

all of your Personal Documents will be accessible to the people you chose;

3) your Primary Contact does not respond and a Contact responds to their TEXT that you need or are

receiving medical attention, in which case your medical and insurance information is made accessible; or

4) your Primary Contact does not respond and a Contact responds to their TEXT that you are deceased,

in which case the Contact will be prompted to upload a death certificate and, upon verification by us of the

death certificate, all of your Personal Documents will be accessible to the people you chose.

(b) We use a variety of HIPPA-compliant and bank-level security measures to ensure the security of your

account. In general, that includes:

§ Bank-level encryption when you send the information and when it is stored on the servers.

§ Except for names and contact information of you and your Contacts, you do not enter or upload ANY

data. All information you provide is in the form of PDFs, images and pictures.

§ For more detail see “Security” on the Site.

CUSTOMER SUPPORT TEAM CANNOT GIVE ADVICE OR GUIDANCE, FOR EXAMPLE, AS TO

11HOW TO WRITE A WILL. TETQ will not provide any guidance or advice, or assist or advise you in the

drafting of any of your Personal Documents. THERE MAY BE LINKS ON THE SITE FOR THIRD-

PARTIES WHO MAY BE QUALIFIED BUT WE MAKE NO REPRESENTATIONS OR

WARRANTIES AS TO ANY THIRD-PARTY’S CAPABILITIES.

(d) No Customer Support personnel will ever need to look at the contents of any of your Personal

Documents to assist you with the use of it’s important! If you ever communicate with Customer Support

personnel, you should not share any of your Personal Documents with the Customer Support personnel,

including but not limited to discussing the contents of your Personal Documents, providing access to your

Personal Documents, and/or sharing your screen before closing any open Personal Documents. You agree

TETQ will not be liable for any loss, injury or damages of any type due to your failure to abide by the

terms of this section and/or your sharing your Personal Documents with Customer Support personnel.

3.04 Emergency Alert.

(i) The system is designed primarily to use the non-response of a Subscriber to trigger a sequence of

events that will notify and, in the case of a Plus or Enhanced Subscription Plan, make Personal Documents

available to your specified Contacts.

(ii) However, in the event that an emergency has occurred (for example, you have been in an automobile

accident) requiring the release of insurance, health and medical records, your Primary Contact can call in

and request an Emergency Alert be sent to you which, in the event you do not respond promptly, it will

trigger an Emergency Alert to the Primary Contact who can then respond such that your insurance, health

and medical records will be released to the Contacts you approved for such Designated Information.

3.05 In the Event of Death. In the event of your passing and you had a Plus or Enhanced Subscription Plan:

(i) there will be no more billing on the account;

(ii) upon confirmation of a death certificate, your Personal Documents will be available to be downloaded

by the Contacts for the Recovery Period even if the Recovery Period extends beyond the expiration of your

Subscription; and

(iii) after the Recovery Period, the storage of the Personal Documents may be extended by any Contact on

a month-to-month basis at the regular month-to-month rate payable on a major credit card.

3.06 The Services include the Documentation and such additional services and support as TETQ may, in its

sole and absolute discretion, provide.

4. TERM

4.01 The Services shall commence on the date you subscribe and pay the indicated Subscription Fee (the

“Commencement Date”) and continue monthly or annually (the “Initial Term” or “Term”), as chosen by

you. Subsequent to expiration of the Initial Term, this Subscription shall automatically renew (each a

“Renewal Term” and, together with the Initial Term, the “Term”) on the same terms and conditions unless

TETQ notifies you of any changes in these T&Cs except that TETQ may provide notice not less than Sixty

(60) days prior to such Renewal Term of a change in the Subscription Fees which change shall be effective

upon renewal in the absence of a Non-renewal Notice from you to TETQ.

4.02 You may terminate this Agreement without Cause by written notice to [email protected]

at any time. Such termination will be effective at the end of the then-current Term and you will continue to

have access to the Services for the remainder of the then-current Term, after which your Subscription will

not renew. You will not receive any refund, credit or allowance with respect to the Subscription Fee for the

remaining portion of the then-current Term.

124.03 TETQ may terminate the Services and/or this Agreement without Cause upon Thirty (30) days’ notice

or at any time upon written notice with Cause. If we terminate the Services and this Agreement without

Cause, the portion of your Subscription Fees allocable to the unexpired then-current Term shall be

refunded. If we terminate with Cause, no portion of the Subscription Fee paid shall be returned, refunded or

credited to you.

4.04 Notwithstanding the foregoing, if either Party gives the other a termination notice, the receiving Party

may, in its sole and absolute discretion, terminate the Agreement at any time prior to the effective date of

the terminating Party’s notice.

4.05 Upon the death of a Subscriber (as evidenced by a valid death certificate verified as valid by us):

(a) the TEXTs shall terminate;

(b) automatic renewals shall cease;

(d) after the Recovery Period, the storage of the Personal Documents may be extended on a month-to-

month basis at the regular month-to-month rate payable on a major credit card.

5. YOUR USE OF THE SITE

5.01 You will:

(a) be responsible for your compliance with this Agreement;

(b) use reasonable efforts to prevent unauthorized access to the Services and Subscriber Resources, and

notify TETQ promptly of any such unauthorized access or use;

(d) be solely and exclusively responsible for the security of the usernames and passwords issued to you,

and TETQ shall be entitled to rely on the authority of any person using the username and password in

providing information to and taking all actions that the authorized user would be entitled to take or direct.

You expressly agree that TETQ shall not be liable for any loss, injury or damage that may result from the

aforementioned reliance.

5.02 You will not, directly or indirectly:

(a) make the Site or the Subscriber Resources available to or use the Site or the Subscriber Resources for

the benefit of anyone other than yourself;

(b) sell, resell, license, sublicense, distribute, rent or lease the Site or the Subscriber Resources, or include

the Site or the Subscriber Resources in a service bureau or outsourcing offering;

(d) interfere with or disrupt the integrity or performance of the Site or any data contained therein;

(e) attempt to gain unauthorized access to the Site or Subscriber Resources or any related systems or

networks;

(f) hack or attempt to hack the Site;

(g) upload content that is inappropriate, as determined by TETQ in our sole and absolute discretion, onto

our servers (this differs from your Personal Documents to which we do not have access);

(h) permit direct or indirect access to or use of the Site or the Subscriber Resources in a way that

circumvents a contractual usage limit, if any;

(i) copy the Site or the Subscriber Resources or any part, feature, function, or user interface thereof;

13(j) frame or mirror any part of the Site or the Subscriber Resources other than as permitted in the

Documentation;

(k) access, reproduce, record or copy the Site or the Subscriber Resources in order to build a competitive

product or service; or

(l) reverse engineer, disassemble or decompile the Site or the Subscriber Resources.

6. SUBSCRIPTION FEES

6.01 Throughout the Term, you agree to pay to TETQ the fee for the Services as specified by you in your

Registration Form or thereafter by upgrading (the “Subscription Fee”) for which a major credit card will be

required. Prior to commencement of each Renewal Term, the credit card provided by you shall be charged

the applicable Subscription Fee.

6.02 Commencing after the Initial Term, TETQ may notify you of a change in the Subscription Fee or

other costs and such new fees shall take effect upon renewal of this Agreement unless you notify us prior to

commencement of the Renewal Term that you do not approve of the change(s) and elect to terminate this

Agreement.

6.03 In the event the payment method provided by you is declined, we will notify you and you will have

the opportunity to provide an alternative method of payment within Five (5) business days of notice of

decline. If a payment is not effectively processed, the Services may be suspended pending payment or

terminated, in our sole discretion. A reinstatement fee may be added if you wish to continue the Services

more than Ten (10) days after notice of decline of your form of payment.

7. WARRANTY

7.01 While TETQ endeavors to ensure that the information provided through the Services is correct, TETQ

does not warrant its accuracy or completeness.

7.02 THE SERVICES ARE PROVIDED “AS IS” AND WE PROVIDE NO WARRANTIES IN

RESPECT THEREOF. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TETQ DISCLAIMS

ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,

INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THOSE ARISING OUT OF

COURSE OF DEALING, USAGE OR TRADE.

8. SECURITY

TETQ uses appropriate measures in accordance with generally accepted industry standards to (i) protect

against any anticipated threats or hazards to the security or integrity of Your Data; and (ii) protect against

unauthorized access to Your Data. For more information, see “Security” on the Site.

9. INTELLECTUAL PROPERTY

9.01 Technology included within or used in connection with the Services shall at all times be the sole and

exclusive property of TETQ.

149.02 This Subscription does not transfer or grant any rights in any Technology, copyrights, trademarks,

trade secrets or other intellectual property of TETQ (collectively, the “Rights”) to the Subscriber.

Subscriber expressly waives and disclaims any interest whatsoever in the Rights of TETQ.

9.03 For purposes of clarity, data or information obtained or created by or for TETQ as a result of or in

connection with the Services shall at all times be the sole and exclusive property of TETQ.

10. CONFIDENTIAL INFORMATION

10.01 Each Party (the “Receiving Party”) acknowledges that, in connection with this Agreement, it

will have access to and/or be given by or on behalf of the other Party (“Disclosing Party”) information

which is expressly designated “Confidential” or would be understood by a reasonable person to be

confidential (collectively, “Confidential Information”). Confidential Information means any and all

information which is possessed by or developed for a Party and which relates to such Party’s existing or

potential business or technology, which information is generally not known to the public, and which

information such Party seeks to protect from disclosure to its existing or potential competitors or others,

and includes, without limitation, source code, business plans, business strategies, business know-how and

techniques, marketing plans, and the identities and business preferences of current or prospective customers

or vendors. Confidential Information also includes information received by a Party from others that such

Party has an obligation to treat as confidential. Confidential Information includes information and

documents whether or not they are marked “confidential” or carry any other marks or designations

including but not limited to Trade Secrets. “Trade Secrets” means all information possessed by or

developed for a Party, including, without limitation, a compilation, program, device, method, system,

technique, formula, pattern, or process to which all of the following apply: (i) the information derives

independent economic value, actual or potential, from not being generally known to, and not being readily

ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use;

and (ii) the information is the subject of efforts to maintain its secrecy that are reasonable under the

circumstances.

10.02 Confidential Information of a Party shall remain the sole and exclusive property of such Party

except as to Confidential Information which, by its nature and usage, is or becomes the joint Confidential

Information of both Parties. The Parties agree that even if not so marked, all client lists, work product,

know-how and methodologies are Confidential Information of the respective Party.

10.03 The Receiving Party agrees not to use, disclose, distribute or disseminate, or allow others to

use, disclose, distribute or disseminate Confidential Information of the Disclosing Party except as expressly

permitted under this Agreement. The Receiving Party shall use at least the same procedures and degree of

care that it uses to prevent the disclosure of its own confidential information to prevent the disclosure of

Confidential Information, but in no event less than reasonable care. The Receiving Party agrees to restrict

access to such Confidential Information to only those employees or contractors who need such Confidential

Information in order for TETQ to exercise its rights or perform its obligations hereunder.

10.04 The foregoing restrictions will not apply to information that the Receiving Party can

demonstrate (i) was known to the Receiving Party at the time of disclosure to the Receiving Party by the

Disclosing Party as shown by the files of the Receiving Party in existence at the time of disclosure other

than as a result of a violation of an obligation of confidentiality to the Disclosing Party; (ii) has become

publicly known through no wrongful act of the Receiving Party; (iii) has been rightfully received by the

Receiving Party from a third-party authorized by the Disclosing Party to make such disclosure without

restriction; (iv) has been approved for release by written authorization of the Disclosing Party; or (v) has

15been independently developed by the Receiving Party without any use of Confidential Information and by

employees or other agents of the Receiving Party. In addition, each Party shall be entitled to disclose the

other Party’s Confidential Information to the extent such disclosure is requested by the order or

requirement of a court, administrative agency or other governmental body provided that the Party required

to make the disclosure shall provide prompt, advance notice thereof to enable the other Party to seek a

protective order or otherwise prevent such disclosure.

10.05 All Confidential Information shall be surrendered to the Disclosing Party upon the request of

the Disclosing Party; provided, however, that Confidential Information may be retained by the Receiving

Party to the extent that retention of such Confidential Information is necessary to comply with its internal

document retention policies aimed at legal, corporate governance or regulatory compliance and any such

retained Confidential Information shall remain subject to the disclosure and use restrictions set forth herein,

notwithstanding any termination of this Agreement. The Receiving Party shall not be deemed to have

retained or failed to return or destroy any Confidential Information if Confidential Information received or

stored in digital format is deleted from local hard drives and/or off-site storage so long as no attempt is

made to recover such Confidential Information from servers or back-up sources, provided that any such

retained Confidential Information shall remain subject to the disclosure and use restrictions set forth herein,

notwithstanding any termination of this Agreement.

11. INDEMNIFICATION

11.01 Subscriber and his/her heirs, estate and personal representatives (collectively, “Subscriber

Indemnitors”), jointly and severally, agree to and shall indemnify, defend and hold harmless TETQ, its

Affiliates and their respective owners, principals, officers, employees, contractors and agents (collectively,

“TETQ Parties”) (with legal counsel reasonably acceptable to TETQ Parties) from and against any and all

actions, suits, claims, demands, debts, liabilities, obligations, losses, damages, costs, expenses, penalties or

injury (including reasonable attorneys’ fees and costs of any suit related thereto) suffered or incurred by

any of them arising from (a) any misrepresentation by, or breach of any covenant or warranty of Subscriber

contained in this Agreement or any exhibit, certificate, or other agreement or instrument furnished or to be

furnished by Subscriber hereunder; (b) any violation of this Agreement by Subscriber; (c) any suit, action,

proceeding, claim or investigation against TETQ Parties which arises from or which is based upon or

pertaining to (i) Subscriber’s acts or omissions including but not limited to disclosure of information to

TETQ, (ii) the Services, (iii) the disclosure or failure to disclose Personal Documents by TETQ; or (d)

unauthorized use of the Subscriber’s and/or Contact’s username and/or password; (e) any changes,

revisions and/or modifications to any Personal Documents made by an unauthorized person; (f) TETQ

Parties’ disclosure of Subscriber’s personal information and/or granting access to Personal Documents

upon the Subscriber’s, Primary Contact’s and/or Contact’s authorization and/or instruction pursuant to the

terms of this Agreement; (g) disclosure or non-disclosure of Personal Documents by TETQ at your request

and/or instructions or at the request andor instruction of your Primary Contact or other Contact; and (h) any

matter for which the risk is assumed by you or with respect to which you waive any claims, as provided in

Section 12 of these Subscriber T&Cs.

11.02 If Subscriber Indemnitors shall have an indemnification, defense and hold harmless

obligation, as above provided, and shall fail to assume such obligation, then the respective indemnitees

shall have the right, but not the obligation, to assume and maintain such defense (including reasonable

counsel fees and costs of any suit related thereto) and to make any settlement or pay any judgment or

verdict as such indemnitees, in its/their sole and absolute discretion, deem necessary or appropriate; such

16costs of settlement, payment, expense and costs, including reasonable attorneys’ fees, to be reimbursed by

the Subscriber Indemnitors upon demand by the respective indemnitees.

12. ASSUMPTION OF RISK AND WAIVER

You expressly and unconditionally assume any risks and waive any and all claims against and agree and

promise to not sue any of the TETQ Parties, regardless the bases upon which such claim(s) may be made,

that may be based on, arise in connection with or be related to any of the following acts, circumstances or

conditions, and regardless of the source or the cause of the issue including but not limited to failures of

third-party sites or applications with which the Site interacts:

(a) any consequences of you not responding to the Scheduled TEXT including but not limited to the

notification of your Contacts and release of your Personal Documents;

(b) any consequences of any response, including no response, whatsoever of your Primary Contact or

other Contacts to their TEXT following your failure to respond to your TEXT;

relating to, caused by or connected to the Site, the Services (including but not limited to the release or

failure to release any of the Personal Documents) or the Documentation;

(d) any damage to property of yours or anyone else relating to, caused by or connected to the Site, the

Services (including but not limited to the release or failure to release any of the Personal Documents) or the

Documentation;

(e) use of the Site, the Services or the Documentation;

(f) a suspension or other action taken with respect to your account by TETQ; or

(g) deletion, corruption or destruction of any of Your Data.

13. NOTICE

All notices upon you shall be effective when sent by email to the email address you used when you

registered or as you subsequently modified it.

All notices to TETQ must be in writing and delivered in person, or sent by registered or certified mail or

nationally or internationally recognized overnight courier, with all fees prepaid to TETQ at the address

indicated below or as subsequently modified by TETQ or by email.

TETQ: TETQ, LLC

1717 N Bayshore Drive, Suite 213

Miami, Florida 33132 USA

Email: [email protected]

Either Party may, at any time, change its mail or delivery address by giving the other Party written notice.

The effective date of any written notice personally delivered or sent by a recognized overnight courier shall

be the date of receipt if received on the recipient’s business day, otherwise the next business day of the

recipient. The effective date of any email notice shall be the next business day after the email is sent.

14. SURVIVAL

In addition to those provisions of the General T&Cs which survive termination of this Agreement, those

provisions of these Subscriber T&Cs that by their terms or sense are intended to survive termination or

expiration of this Agreement will survive and remain in full force and effect, including, without limitation,

Sections 5.02, 7.02, and 9 – 14.

17CONTACT TERMS & CONDITIONS

(For Contacts Only, in addition to the General T&Cs)

These Contact T&Cs are in addition to the General T&Cs which, together, comprise the Agreement that

you enter into with TETQ to have the rights that the Subscriber intended.

All the provisions of the General T&Cs apply to Contacts.

1. REGISTRATION, IN GENERAL

1.01 Contacts (also referred to as “you” or “your”) must register and acknowledge the General T&Cs and

Contact T&C before being granted the rights the Subscriber intended.

1.02 Contacts must be 18 years of age or older.

1.03 Responsibility for the security of any passwords issued rests with you and you are responsible for all

actions taken with your username and password. You specifically agree that TETQ is NOT responsible for

and shall not be liable for any unauthorized access to your username and password.

2. YOUR REPRESENTATIONS AND WARRANTIES

In addition to the representations and warranties contained in the General T&Cs, you represent and warrant

the following:

2.01 You are an individual 18 years of age or older.

2.02 You are using the Services with no intent to broadcast, republish, misrepresent, edit, copy, display or

in any way use the Services for any purpose other than your personal use.

3. THE SERVICES

3.01 TETQ shall provide the Services described below subject to the Subscription Plan chosen by the

Subscriber. The following is not an exhaustive list of each element of the Services; but is rather intended to

explain the approach of itsimportant.com.com

3.02 Notifications. All Subscription Plans, including the Basic Plan, enable a Subscriber to set up TEXTs

on a frequency chosen by the Subscriber. (“Scheduled Texts”). The Scheduled TEXT is to confirm the

Subscriber’s well-being. If you, as a Contact, have received a notice by text or email, the Subscriber did not

respond to their Scheduled Text. We do not know why the Subscriber did not respond to their Scheduled

TEXT and this system is designed to give you an opportunity to determine the well-being of the Subscriber

and let us know.

(a) The Subscriber must select one Contact to be a “Primary Contact.” The Primary Contact is the first

person to receive notice if the Subscriber does not reply to their Scheduled Text. If the Subscriber is, in

fact, fine and may be out of touch or on a plane or just lost their phone, the Primary Contact can reset the

system.

(b) If the Primary Contact responds that there is a situation requiring medical attention for the Subscriber,

the documents in the “Insurance/Medical” folder will be made available to all Contacts to whom the

Subscriber gave permission.

18(c) If the Primary Contact responds that the Subscriber has passed, the Primary Contact will be prompted

to upload a death certificate. Upon receipt of the death certificate, we will confirm its validity and make all

documents and information in all folders accessible to the people to whom the Subscriber gave permission.

(d) If the Primary Contact does not respond within 24 hours, all Contacts will receive the same notice as

the Primary Contact received, allowing you to investigate to determine the Subscriber’s state of well-being

and to respond accordingly.

(e) The system will take such action as indicated by the first response of a Contact. However, if

subsequent responses from Contacts conflict with the first, we attempt to resolve the such conflict as soon

as possible.

You, as a Contact (other than a Primary Contact), will receive a notice by text or email regarding the

Subscriber’s well-being if neither the Subscriber nor the Primary Contact responds to their Scheduled

TEXT. If you get such a text or email, we do not know the reason and this system is designed to give you

an opportunity to determine the well-being of the Subscriber.

3.03 Storage of Personal Documents.

(a) Both the Plus and Enhanced Subscription Plans enable a Subscriber to store a variety of information

(Personal Documents) to be released to the Contacts should neither the Subscriber nor the Primary Contact

reset the system by replying that the Subscriber is ok to their respective Texts.

(b) We use a variety of HIPAA-compliant and bank-level security measures to ensure the security of your

and the Subscriber’s account. That includes but is not limited to:

§ Bank-level encryption when the Subscriber sends the information and encryption on the servers.

§ Except for names and contact information of the Contacts, the Subscriber does not enter or upload

ANY data. All information provided by the Subscriber is in the form of PDFs, images and pictures.

Personal Documents cannot be accessed or viewed by our Customer Support personnel. When using

Customer Support, you can explain the issue by email or by phone or you can share your screen AFTER

you have closed all sensitive information and documents. No Customer Support personnel will need to look

(i) at the contents of any Personal Documents to assist you. If you ever communicate with Customer Support

personnel you should not share any of the Subscriber’s Personal Documents with the Customer Support

personnel, including but not limited to discussing the contents of the Personal Documents, providing access

to the Personal Documents, and/or sharing your screen before closing any open Personal Documents. You

agree TETQ will not be liable for any loss, injury or damages of any type due to your failure to abide by the

terms of this section and/or your sharing the Subscriber’s Personal Documents with Customer Support

personnel.

3.04 Release of Personal Documents.

(i) If the Subscriber did not respond to a Scheduled TEXT within 24 hours and the Primary Contact

responds that there is a medical emergency requiring hospitalization (NOT JUST THAT THE

SUBSCRIBER IS ILL OR NEEDS TO SEE A DOCTOR) of the Subscriber (or, if the Primary Contact

does not respond on a timely basis, a Contact responds that there is a medical emergency requiring

hospitalization of the Subscriber), the contents of the Subscriber’s “Insurance, health and medical” folder

(which may include a “Do Not Resuscitate” order) will be made available to those Contacts whom the

Subscriber authorized to view such Designated Information.

(ii) Upon submission of a death certificate to be verified by us, the Designated Information will be made

available to the respective Contact(s) authorized by the Subscriber to have such information.

3.05 Emergency Alert.

19(i) The system is designed primarily to use the non-response of a Subscriber to trigger a sequence of

events that will notify and, in the case of a Plus or Enhanced Subscription Plan, make Personal Documents

available to the Subscriber’s specified Contacts.

(ii) However, in the event that an emergency (NOT JUST THAT THE SUBSCRIBER IS ILL OR NEEDS

TO SEE A DOCTOR) has occurred (for example, the Subscriber has been in an automobile accident)

requiring the release of insurance, health and medical records, a Contact can call in and request an

Emergency Alert be sent to the Subscriber and in the event the Subscriber does not respond promptly, an

Emergency Alert will be sent to the Primary Contact who can then respond such that the Subscriber’s

insurance, health and medical records will be released to the Contacts approved by the Subscriber for such

Designated Information.

(iii) In the Event of Death. In the event of the Subscriber’s passing and if the Subscriber had a Plus or

Enhanced Subscription Plan:

§ the Personal Documents will be available to be downloaded by the Contacts for the Recovery Period

even if the Recovery Period extends beyond the expiration of the Subscription; and

§ after the Recovery Period, the storage of the Personal Documents may be extended by any Contact on

a month-to-month basis at the regular month-to-month rate payable on a major credit card.

3.06 The Services include the Documentation and such additional services and support as TETQ may, in its

sole and absolute discretion, provide.

4. YOUR USE OF THE SITE

4.01 You will:

(a) be responsible for your compliance with this Agreement;

(b) use reasonable efforts to prevent unauthorized access to the Services, and notify TETQ promptly of

any such unauthorized access or use;

(d) be solely and exclusively responsible for the security of the usernames and passwords issued to you,

and TETQ shall be entitled to rely on the authority of any person using such username and password in

providing information to and taking all actions that the authorized user would be entitled to take or direct.

You specifically agree that TETQ is NOT responsible for and shall not be liable for any unauthorized

access to the account and information due to unauthorized access to your username and password.

4.02 You will not, directly or indirectly:

(a) use the Site to store or transmit malicious code or any illegal matter;

(b) interfere with or disrupt the integrity or performance of the Site or any data contained therein;

networks;

(d) hack or attempt to hack the Site;

(e) copy the Site or the Subscriber Resources or any part, feature, function, or user interface thereof;

(f) frame or mirror any part of the Site or the Subscriber Resources other than as permitted in the

Documentation;

(g) access, record or copy the Site or the Subscriber Resources in order to build a competitive product or

service; or

(h) reverse engineer, disassemble or decompile the Site or the Subscriber Resources.

205. WARRANTY

5.01 While TETQ endeavors to ensure that the information provided through the Services is correct, TETQ

does not warrant its accuracy or completeness.

5.02 THE SERVICES ARE PROVIDED “AS IS” AND WE PROVIDE NO WARRANTIES IN

RESPECT THEREOF. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TETQ DISCLAIMS

ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,

INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THOSE ARISING OUT OF

COURSE OF DEALING, USAGE OR TRADE.

6. SECURITY

TETQ uses appropriate measures in accordance with generally accepted industry standards to (i) protect

against any anticipated threats or hazards to the security or integrity of Your Data and the Subscriber’s

Data; and (ii) protect against unauthorized access to Your Data and the Subscriber’s Data.

7. INTELLECTUAL PROPERTY

7.01 Technology included within or used in connection with the Services shall at all times be the sole and

exclusive property of TETQ.

7.02 Use of the Site or Services does not transfer or grant any rights in any Technology, copyrights,

trademarks, trade secrets or other intellectual property of TETQ (collectively, the “Rights”) to a Contact.

You expressly waive and disclaim any interest whatsoever in the Rights of TETQ.

7.03 For purposes of clarity, data or information obtained or created by TETQ as a result of the Services

shall at all times be the sole and exclusive property of Subscriber; provided, however, TETQ shall have the

unlimited perpetual and royalty-free right to use such data and information that does not relate to any

specific matter or account but which may aid TETQ in identifying and resolving issues of security issues of

Subscriber or others.

8. INDEMNIFICATION

8.01 Each Contact, on behalf of themselves and their heirs, estate, personal representatives, successors and

assigns (each, a “Contact Indemnitor”) agrees to and shall indemnify, defend and hold harmless TETQ, its

Affiliates and their respective owners, principals, officers, employees, and agents (collectively, “TETQ

Parties”) (with legal counsel reasonably acceptable to TETQ Parties) from and against any and all actions,

suits, claims, demands, debts, liabilities, obligations, losses, damages, costs, expenses, penalties or injury

(including reasonable attorneys’ fees and costs of any suit related thereto) suffered or incurred by any of

them (including but not limited to emotional distress) arising from (a) any misrepresentation by, or breach

of any covenant or warranty of the respective Contact contained in this Agreement or any exhibit,

certificate, or other agreement or instrument furnished or to be furnished by such Contact hereunder; (b)

any violation of this Agreement by the respective Contact; (c) any suit, action, proceeding, claim or

investigation against TETQ Parties which arises from or which is based upon or pertaining to (i) Contact’s

acts or omissions including but not limited to improper use or disclosure of Designated Information, (ii) the

21Services including but not limited to the disclosure or failure to disclose Personal Documents by TETQ as

well as the sending or failure to send any message, or (iii) the acts or failure to act of any other Contact; (d)

unauthorized use of the Contact’s username and/or password; (e) any changes, revisions and/or

modifications to any Personal Documents made by an unauthorized person acting as the Contact; (f) TETQ

Parties’ disclosure of Subscriber’s personal information and/or Personal Documents upon the Contacts

authorization and/or instruction pursuant to the terms of the this Agreement; (g) disclosure or non-

disclosure of Personal Documents by TETQ at your request and/or instructions; and (h)any matter for

which the risk is assumed by you or with respect to which you waive any claims, as provided in Section 9

of these Contact T&Cs.

8.02 If Contact Indemnitors shall have an indemnification, defense and hold harmless obligation, as above

provided, and shall fail to assume such obligation, then the respective indemnitees shall have the right, but

not the obligation, to assume and maintain such defense (including reasonable counsel fees and costs of any

suit related thereto) and to make any settlement or pay any judgment or verdict as such indemnitees, in

its/their sole and absolute discretion, deem necessary or appropriate; such costs of settlement, payment,

expense and costs, including reasonable attorneys’ fees, to be reimbursed by the Contact Indemnitors upon

demand by the respective indemnitees.

9. ASSUMPTION OF RISK AND WAIVER

You expressly and unconditionally assume any risks and waive any and all claims against and agree and

promise to not sue any of the TETQ Parties, regardless the bases upon which such claim(s) may be made,

that may be based on, arise in connection with or be related to any of the following acts, circumstances or

conditions, and regardless of the source or the cause of the issue including but not limited to failures of

third-party sites or applications with which the Site interacts:

(a) any injury (physical, emotional or psychological) to you or anyone else relating to, caused by or

connected to the Site, the Services (including but not limited to any notifications to you regarding

Subscriber (sent or not sent) and the release or failure to release any of the Personal Documents or the

sending or failure to send any messaging) or the Documentation;

(b) any loss of or damage to property of yours or anyone else’s relating to, caused by or connected to the

Site, the Services (including but not limited to the release or failure to release any of the Personal

Documents or the sending or failure to send any messaging) or the Documentation;

(d) a suspension or other action taken with respect to your and/or the Subscriber’s account by TETQ; or

(e) deletion, corruption or destruction of any of Your Data and/or the Subscriber’s Data.

10. NOTICE

All notices upon you shall be effective when sent by email to the email address or telephone number you

used when you registered or as you subsequently modified it.

All notices to TETQ must be in writing and delivered in person, or sent by registered or certified mail or

nationally or internationally recognized overnight courier, with all fees prepaid to TETQ at the address

indicated below or as subsequently modified by TETQ. For a notice to TETQ to be valid, an email copy

shall accompany each of the foregoing modes of noticing a Party.

TETQ: TETQ, LLC

1717 N Bayshore Drive, Suite 213

Miami, Florida 33132 USA

22Email: [email protected]

Either Party may, at any time, change its mail or delivery address by giving the other Party written notice.

The effective date of any written notice personally delivered or sent by a recognized overnight courier shall

be the date of receipt. The effective date of any email notice to Subscriber shall be the next business day

after the email is sent.

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