TERMS OF USE AND CONDITIONS

Welcome to the Web Site and the App of Sos Online Solutions, LLC. (“SOS”). This web site (the “Web Site”) provides general information about SOS and its products and services. Where appropriate, the term “SOS” refers both to SOS and its affiliates.

All users of the Web Site and the App are subject to the following Terms and Conditions of use (these “Terms of Use”).

Please read these Terms of Use carefully before accessing or using any part of the Web Site and the App. By accessing or using the Web Site and the App, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as the SOS Privacy Policy, which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of the Web Site and the App.

SOS may revise and update these Terms of Use at any time without notice by posting the amended terms to the Web Site and the App. Your continued use of the Web Site and the App after the posting of the revised Terms of Use means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with the Web Site and the App, your sole and exclusive remedy is to discontinue using the Web Site and the App. The most current version of these Terms of Use, which supersedes all previous versions, can be reviewed by clicking on the “Terms of Use” hyperlink located at the bottom of the home page on the Web Site and the App.

1.USE OF THE WEB SITE AND THE APP

You agree to use the Web Site and the App only for lawful purposes. You also specifically agree that:

 (a) You will not to do any of the following: (1) upload to or transmit on the Web Site and the App any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Web Site and the App to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit on the Web Site and the App any advertisements or solicitations of business; (6) restrict or inhibit use of the Web Site and the App by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Web Site and the App or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Web Site and the App); (10) post “spam,” transmit chain letters or engage in other similar activities; (11) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Web Site and the App, or which, as determined by “SOS”, may harm “SOS” or users of the Web Site and the App or expose them to liability; (12) disobey policies or regulations including any code of conduct or other guidelines, established from time to time regarding use of the Web Site and the App or any networks connected to the Web Site and the App; (13) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material; (14) use any robot, spider or other automatic device, process or means to access the Web Site and the App; or (15) take any action that imposes an unreasonable or disproportionately large load on SOS’s infrastructure.

(b) To access certain areas of the Web Site and the App, you may be asked to register with the Web Site and the App. It is a condition of your use of the Web Site and the App that all information you provide on the Web Site and the App is correct, current and complete.

Cookies

A cookie is a small text file that a website you visit asks your browser to store on your computer or mobile device. We use cookies to understand, secure, operate, and provide our Services. For example, we use cookies: to provide SOS for web and desktop and other Services that are web-based, improve your experiences, understand how our Services are being used, and customize our Services;

to remember your choices, such as your language preferences, and otherwise to customize our Services for you; and

to rank the FAQs on our website based on popularity, understand mobile versus desktop users of our web-based Services, or understand popularity and effectiveness of certain of our web pages.

2.COPYRIGHT RESTRICTIONS / USE OF CONTENT

The entire contents of the Web Site and the App (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to “SOS“ or its affiliates or licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Web Site and the App for legitimate business purposes related to your role as a current or prospective customer, supplier, or distributor of “SOS“. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on the Web Site and the App without the prior written consent of SOS, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Web Site and the App; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Modification or use of the content except as expressly provided in these Terms of Use violates SOS’s intellectual property rights. All contents of the Web Site and the App are: Copyright © AFS Group, INC. and SOS Online Solutions, LLC., 1867 NW 97th Ave., Suite 105, Doral, FL 33172. All rights reserved. Neither the title nor any intellectual property rights to any information or material in the Web Site and the App are transferred to you, but remain with “SOS“ or the applicable owner of such content. Except as expressly authorized by “SOS“ in writing, you may not reproduce, sell or exploit for any commercial purposes (i) any part of the Web Site and the App, (ii) access to the Web Site and the App or (iii) use of the Web Site and the App or of any services or materials available through the Web Site and the App.

3.TRADEMARKS.

The “SOS“ name, the “SOS“ logo and all related names, logos, product and service names, designs and slogans are trademarks of “SOS“ and/or its affiliates. You may not use such marks without the prior written permission of “SOS“. All other names, brands and marks are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners. “SOS“ and any party that provided trademarks, service marks, and logos to “SOS“ retain all rights with respect to any of their respective trademarks, service marks, and logos.

4.DISCLAIMER

“SOS” does not assume any liability for the materials, information and opinions provided on, or available through, the Web Site and the App (the “Site Content”) or any of the services provided on, or available through, the Web Site and the App, including, without limitation, the Customer Support services (including Service Incident Reporting, Technical Requests, Publication Requests, Requests for Quotes and Warranty) (collectively, the “Site Services”). Reliance on the Site Content and Site Services is solely at your own risk. “SOS” disclaims any liability for injury or damages resulting from the use of any Site Content or Site Services.

THE WEB SITE AND THE APP, THE SITE CONTENT, THE SITE SERVICES AND THE PRODUCTS PROVIDED ON OR AVAILABLE THROUGH THE WEB SITE AND THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER “SOS” NOR ANY PERSON ASSOCIATED WITH “SOS” MAKES ANY WARRANTY, CONDITION, OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE WEB SITE AND THE APP. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER “SOS” NOR ANYONE ASSOCIATED WITH “SOS” WARRANTS, CONDITIONS, OR REPRESENTS THAT THE WEB SITE AND THE APP, THE SITE CONTENT OR THE SITE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEB SITE AND THE APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEB SITE AND THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. “SOS” DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE SITE CONTENT AND SITE SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND “SOS” MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT “SOS”, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF THE WEB SITE AND THE APP, THE SITE CONTENT OR THE SITE SERVICES. “SOS” MAKES NO WARRANTIES THAT YOUR USE OF THE SITE CONTENT OR SITE SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

5.LIMITATION OF LIABILITY

IN NO EVENT WILL “SOS”, ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEB SITE AND THE APP, THE SITE CONTENT OR THE SITE SERVICES OR ANY CONTENT OR SERVICES PROVIDED ON OR THROUGH ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE AND THE APP, THE SITE CONTENT OR SITE SERVICES, WHETHER OR NOT THERE IS NEGLIGENCE BY “SOS” AND WHETHER OR NOT “SOS” HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

“SOS” MAINTAINS THAT THE PROVISIONS OF SECTIONS 4 AND 5 ARE NOT FOR THE BENEFIT OF THIRD PARTIES IN TRUST FOR EACH OF THOSE PARTIES AS THIRD PARTY BENEFICIARIES UNDER THESE TERMS OF USE.

IN NO EVENT SHALL “SOS”, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS SITE OR ANY CONTENT ON THIS SITE, OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS SITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS SITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN “SOS” TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN CASE OF EMERGENCY “SOS” DOES NOT PROVIDE ANY TYPE OF ASSISTANCE AND/OR COMUNICATION WITH POLICE DEPARTMENT, FIRE RESCUE, AMBULANCE, MEDICAL ASSISTANCE, ETC.; YOU CAN’T ACCESS 911 AND OTHER EMERGENCY SERVICE NUMBERS THROUGH “SOS”, YOU MUST MAKE ALTERNATIVE COMMUNICATION ARRANGEMENTS AND CALL DIRECTLY 911. “SOS” ONLY PROVIDE SERVICES ON BUSINESS MANAGEMENT SOFTWARE.

5.1. Potential Service Interruption.

Occasionally, access to the website may be unavailable, delayed, limited, responding slow, or have service interruption due to causes beyond the control and/or responsibility of “SOS”. Examples are as follows:

• equipment failure, including among other things the fault of computers and mobile phones (including yours), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
• flaws in computer programs, including inter alia programming errors, viruses, configuration problems, incompatibility of systems, utilities or applications, application firewall or screening programs, unreadable codes, or irregularities within certain documents or other content;
• overload capabilities of the systems;
• any damage caused by inclement weather, earthquake, war, insurrection, riot, civil commotion, casualty, accident, fire, water damage, explosion, mechanical breakdown or natural disaster;
• interruption (total or partial) of the power supply or other public service;
• strike or other (total or partial) work stoppage;
• governmental or regulatory restrictions, stock exchange opinions, court rulings or other human intervention; or
• any other cause (whether similar or different from those mentioned above) that are beyond the control of “SOS”.

5.2. Enforcement.

By accessing and using this Site, you agree that your access and use of this Site is subject to the Terms and Conditions, and all applicable laws, as governed by the laws of the State of Florida, without giving effect to any principles or conflicts of laws. You agree that any action at law or in equity arising out of or relating to these Site Terms and Conditions shall be filed only in state or federal court located in Miami Dade County, Florida, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms and Conditions.

6.INDEMNIFICATION

You agree to indemnify and hold harmless “SOS” and its officers, directors, employees, agents, affiliates, third party information providers, licensors, contractors and others involved in the Web Site and the App or the delivery of products, services or information over the Web Site and the App (the “Indemnified Parties”), from any breach of these Terms of Use by you, including any use of Site Content or Site Services other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting losses, damages, judgments, awards, costs, expenses and attorneys’ fees or other legal expenses of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Web Site and the App.

7.PRIVACY; PROTECTION OF PERSONAL & CONFIDENTIAL INFORMATION

“SOS” use of your personal information and your responsibilities in connection with protecting your privacy are described in the “SOS” Privacy Policy. Any passwords used for the Web Site and the App are for individual use only. You will be responsible for the security of your password.

You are prohibited from using any services or facilities provided in connection with the Web Site and the App to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, “SOS” reserves the right to release your details to system administrators at other web sites in order to assist them in resolving security incidents. “SOS” reserves the right to investigate suspected violations of these Terms of Use.

“SOS” reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing “SOS” to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

For purposes of this Agreement, confidential information shall include Customer Data, and any information that is clearly identified in writing at the time of disclosure as confidential (“Confidential Information”). Each party shall: (a) keep confidential all Confidential Information disclosed to it by the other party or by a third-party; (b) not use the Confidential Information of the other party except to the extent necessary to perform its obligations or exercise rights under this Agreement; and (c) protect the confidentiality thereof in the same manner as it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of such Confidential Information). Either party may disclose Confidential Information on a need-to-know basis to its employees or contractors who have executed written agreements requiring them to maintain such information in strict confidence and use it only to facilitate the performance of their services in connection with the performance of the Services. Confidential Information shall not include information which: (1) is known publicly; (2) is generally known in the industry before disclosure; (3) has become known publicly, without fault of the recipient, subsequent to disclosure by the disclosing party; or (4) the recipient becomes aware of from a third party not bound by non-disclosure obligations to the disclosing party and with the lawful right to disclose such information to the recipient. Notwithstanding the foregoing, this Section will not prohibit the disclosure of Confidential Information to the extent that such disclosure is required by law or order of a court or other governmental authority or regulation. With respect to any information received by either party from the other as a result of any other relationship between the parties other than in the course of performance hereunder (e.g., business development, partnership, alliance, etc.), the parties will abide by the terms and conditions of any applicable Nondisclosure Agreement (or similar agreement) executed between the parties

BY ACCEPTING THESE TERMS OF USE YOU WAIVE AND HOLD HARMLESS “SOS” FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY “SOS” DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER “SOS” OR LAW ENFORCEMENT AUTHORITIES.

8.COMMENTS AND SUBMISSIONS

“SOS” welcomes your comments. All comments, suggestions or other information sent by you through the Web Site and the App or any other meaning electronic paper, phone, email, etc., will become SOS’s property and you agree that all intellectual property rights therein are transferred to “SOS”. To the extent any of the foregoing is prevented by applicable law, you hereby grant a perpetual, royalty-free, sublicensable license to use or exploit such intellectual property rights in any way. You understand that any postings, or content submitted for posting, to publicly available portions of the Web Site and the App are non-confidential for all purposes.

9.SOCIAL MEDIA FORUMS.

The Web Site and the App may contain links to third party social media sites, such as Facebook, Twitter, YouTube, etc. (each, a “Social Media Forum”). “SOS” makes pages available on the Social Media Forums for informational purposes only, subject to the guidelines and/or disclaimers applicable to such Social Media Forums and as set forth in these Terms of Use.

“SOS” welcomes your thoughts and comments on the posts, photos, and other items that “SOS” places on the Social Media Forums, but “SOS” won’t be able to reply to product or service issues through the Social Media Forums. If you would like to discuss customer service or any other issue, you may contact “SOS” through the Web Site and the App.

All official “SOS” material placed on Social Media Forums will be identified with the “SOS” profile photo or other identifying name or logo. Visitors to the Social Media Forums may post views and opinions in reaction to SOS’s materials. Any content, views, opinions and/or responses to questions uploaded, expressed or submitted by the creators, sponsors, advertisers or users of the Social Media Forums, including on its “walls,” webpages, message boards and groups or otherwise communicated through it, other than the content provided by “SOS”, are solely the views, opinions and responsibility of the person submitting them and do not necessarily reflect the opinions of “SOS”. “SOS” is not responsible for content that third parties publish, post, upload, distribute, disseminate or otherwise transmit via the Social Media Forums.

“SOS” reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Social Media Forums which “SOS”, in its sole discretion, deems inconsistent with the foregoing commitments, including any material “SOS” has been notified, or has reason to believe, constitutes a copyright infringement; and (2) terminate any user’s access to the Social Media Forums. However, “SOS” can neither review all material before it is posted on the Social Media Forums nor ensure prompt removal of objectionable material after it has been posted. Accordingly, “SOS” assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. “SOS” reserves the right to take any action it deems necessary to protect the personal safety of users and the public; however, “SOS” has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

“SOS” does not warrant the accuracy, completeness or usefulness of the information available on the Social Media Forums. Although “SOS” will use its best efforts to post accurate information, including information regarding locations and places where you can meet its representatives, “SOS” cannot guarantee all information will be completely accurate or up-to-date.

Nothing contained in or provided through the Social Media Forums is intended to constitute advice or to serve as a substitute for the advice of a professional, including without limitation any safety guidelines, resources or precautions related to the installation, operation, maintenance or repair of “SOS” equipment or any other information related to safety that may be available on or through the Social Media Forums. Any reliance you place on such information is strictly at your own risk.

Your failure to comply with these Terms of Use with respect to the Social Media Forums may result in the termination of your access to one or more of SOS’s Social Media Forums.

10.TERMINATION

“SOS” reserves the right to protect this Site and the Content from any perceived misuse. In such event and notwithstanding any language in these Site Terms and Conditions to the contrary, “SOS” reserves the right to terminate your registration and block or prevent your future access to and use of this Site and/or service without notice to you.

11.LINKS TO OTHER SITES; REFERENCES TO THIRD PARTIES

The Web Site and the App may be hyperlinked to other sites which are not maintained by, or related to “SOS”. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with the Web Site and the App or “SOS”. “SOS” has not reviewed any or all of such sites and is not responsible for the content of those sites. “SOS” is not responsible for and does not endorse the content, products, services or practices of any third-party web sites, including, without limitation, sites framed within the Web Site and the App or third party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third party web sites is at your own risk and subject to the terms and conditions of use for such web sites. Neither “SOS” nor its affiliates shall be liable for any damages of any kind arising out of the access or use of any site linked from the Web Site and the App.

12.DEALINGS WITH OTHER MERCHANTS.

If you choose to correspond or engage in transactions with any merchant found on or through the Web Site and the App, you acknowledge and agree that “SOS” is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that “SOS” will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on the Web Site and the App.

13.COMPLIANCE.

The owner of the Web Site and the App is based in the State of Florida, USA. “SOS” makes no representation that materials in the Web Site and the App are appropriate or available for use in other locations. If you access the Web Site and the App from other locations, you are responsible for complying with local laws.

14.CONTACT.

If you become aware of any content that may infringe the copyright of a third party or that you believe to be in violation of these Terms of Use please contact us by email us at [email protected].

15.COMMENTS & QUESTIONS.

You may submit your questions or comments regarding use of this Site, the registration process or the Terms of Use by sending an email to the following address: [email protected], please include your name, phone number, and email address with your questions

16.MODICATIONS TO TERMS OF SERVICE AND OTHER POLICIES

“SOS” reserves the right to modify any of the terms and conditions contained in this Agreement, or any policy governing the Service, at any time, by posting the new agreement to the “SOS” website. You are responsible for regularly reviewing the site. Your continued use of the Service following “SOS” posting of the changes will constitute your acceptance of such changes.

17.MISCELLANEOUS

These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of Florida, USA, without regard to its conflicts of law principles, and exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Web Site and the App shall be in the state or federal courts located in or near Miami, Florida. You agree to submit to the jurisdiction of such courts. These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and “SOS” with respect to the Web Site and the App, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. To the maximum extent permitted by law, any cause of action you may have with respect to the Web Site and the App must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect.

You agree that no joint venture, partnership, or agency relationship exists between you and “SOS” as a result of these Terms of Use or your use of the Web Site and the App.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. SOS’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and “SOS” nor any trade practices shall be deemed to modify these Terms of Use.

The parties have expressly requested that these Terms of Use and all other related documents be drawn up in the English language.

These Terms of Use were last updated on January 23, 2025.

SALES AND SERVICES CONDITIONS.

1.PRICES.

(a) Unless “SOS” quote states otherwise, prices are quoted in United States currency and are valid for within 30 days of quotation. Prices do not include any of “SOS” non-standard costs, including but not limited to, pro-rated charges, training personnel, devices setup, etc., unless specifically stated on “SOS” quotation. “SOS” reserves the right to change or withdraw quoted prices until “SOS” has accepted Customer’s purchase order.

(b) Customer’s order is subject to “SOS” minimum SITES requirements. “SOS” reserves the right to limit order and prices.

(c) Prices do not include any taxes or duties on the purchase, including, but not limited to, federal, state, or municipal excise, sales, use or value added taxes or import duties, if any. Any such taxes and duties that may become due and owing will be paid by Customer, excluding taxes based upon “SOS” gross income. Customer shall reimburse “SOS” upon demand for any such taxes, duties or similar charges that “SOS” is required to pay or collect.

2.PAYMENT.

All Service fees are billed in advance every first (01) of the month billing cycle. Any overage fees or additional subscriptions fees are billed monthly in arrears. All charges services and fees shall be paid in United States dollars. If undisputed amounts are not paid within 30 days after the due date the service may or will be suspended or limited use without further notification. Reactivation of a suspended account requires the payment of all past due invoices, administrative and reactivation fees. “SOS” reserves the right to delete all account information including, but not restricted to information, reports, users, passwords, pictures, and all the related with the customer account if your account is suspended for more than 90 days.

Payments no received by 45 days after due date services will incur on a full interruption and a delinquent status, to activate the account the client must pay a full debt amount including any additional fees.

2.1. Payment Method Accepted

Payment method accepted only by Credit Card or E-Check. Any payment receives by mailed check will be sent back and will incurred on additional administration fee charge of $35.00; The administration fee will be charge on the next monthly billing cycle for manual processing.

For use of a bank account registered with SosOnlineSolutions.com as a payment method on the SosOnlineSolutions.com website, any SOS Online Solutions affiliate website, or third-party website. Please note that your use of the SosOnlineSolutions.com website is also governed by our Terms of Use and Privacy Policy, as well as all other applicable terms, conditions, limitations and requirements contained on the SosOnlineSolutions.com website, all of which (as changed over time) are incorporated into these Sales and Services Conditions. If you choose to use a bank account as your payment method, you accept and agree to these Sales and Services Conditions.

Bank Account Payments. By choosing to use a bank account as your payment method, you will be able to complete your payment for monthly services fees using any valid automated clearing house (“ACH”) enabled bank account at a United States-based financial institution. Whenever you choose to pay using your bank account, you are authorizing SosOnlineSolutions.com (or its agent) to debit your bank account for the total amount of the services rendered by SOS Online Solutions (including applicable taxes, fees and shipping costs if any). Your transaction must be payable in U.S. dollars.

ACH Authorization. By choosing your bank account as your payment method, you agree that: (a) you have read, understand and agree to these Sales and Services Conditions, and that this agreement constitutes a “writing signed by you” under any applicable law or regulation, (b) you consent to the electronic delivery of the disclosures contained in these Sales and Services Conditions, (c) you authorize SosOnlineSolutions.com (or its agent) to make any inquiries we consider necessary to validate any dispute involving your payment, which may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases, and (d) you authorize SosOnlineSolutions.com (or its agent) to initiate one or more ACH debit entries (withdrawals) or the creation of an equivalent bank draft for the specified amount(s) from your bank account, and you authorize the financial institution that holds your bank account to deduct such payments.

SosOnlineSolutions.com, reserve the rights in its sole discretion, and may refuse or cancel the ability to pay by bank account method, to anyone or any user without notice for any reason at any time.

Pay as Guest or One-Time Payment Disclosure

We offer this payment method as a courtesy for clients who does not manage their own financials, the third-party companies can complete payments on behalf the client thru our website using this access method. Terms and conditions, privacy policy and sales terms apply to this courtesy method and must be accepted by the third-party management company.

2.2. Declined or Returned Payments.

Any Credit Card or E-Check declined transaction or returned check will incurred on additional return fee charge of $35.00; The return fee will be charged on the next monthly billing cycle. For E-Check debit due to insufficient funds; We may initiate a collection process or legal action to collect any money owed to us. You agree to pay all our costs for such action, including any reasonable attorneys’ fees.

For any Credit Card or E-Check declined transaction enrolled on automatic payment, we will retry this payment method up to three times over the next several days. If your payment still does not process, you may will be unenrolled from automatic payments. To pay your bill, and to avoid late fees and potential service interruptions, simply visit My Account. While visiting, you can also update your automatic payment information to avoid any further delays.

2.3. Other Fees – Late Fees.

Any payment receives after due date will incur on a late fee. We will charge a minimum late fee of $35.00 per month. The late fee will be charge on the next monthly billing cycle.

2.4. Delinquent Status.

Charge interest on delinquent amounts at a rate of 1.5% per month, or the maximum rate permitted by law, if lower, for each month or part thereof; (i) recover all costs of collection including, without limitation, reasonable attorneys’ fees; (ii) if Customer is delinquent on a payment schedule, accelerate all remaining payments and declare the total outstanding balance then due and owing; or (iii) combine any of the above rights and remedies as may be permitted by applicable law. The above remedies are in addition to all other remedies available at law or in equity.

If Customer disputes “SOS” invoice, or any portion thereof, Customer will so notify “SOS” within ten (10) working days of the date of “SOS” invoice. Customer’s failure to provide notification within said period shall be deemed acceptance of “SOS” invoice by Customer. The parties will use all reasonable efforts to resolve invoice disputes expeditiously. Notwithstanding any invoice disputes, Customer shall promptly remit payment for invoices, or portions thereof, not in dispute.

“SOS” does not store debit or credit card information unless explicitly given consent to do so by customer for purpose of making a payment on the Web Site and the App, or by the submission of a Credit Card Authorization (CCA) form. The customer can add directly the payment method in the Web Site and the App and save for future payments. The customer can enroll in the Auto-Pay available on the system which include “SOS” and to give the right to process payment against your debit or credit card for all future invoices once they become due.

3.RENEWAL.

The agreement renews automatically for another term of equal length at the end of each term, unless it is previously terminated by either party. Annual terms require a thirty (30) days written notice for cancelation.

Monthly accounts must be terminate the service by notifying by email to [email protected] with the request, please include your name, phone number and reason(s).

4.ACCEPTANCE.

Customer will inspect within a reasonable period, not to exceed 5 calendar days, after Customer receives email notifications and/or text messages of every site activation. Will be deemed accepted unless “SOS” receives written notice of rejection explaining the basis for rejection within such period. Once accepted, Customer’s only recourse or remedy for non-conforming shall be as provided in the section of these conditions of service.

5.TERMINATION.

“SOS” reserves the right to protect this Site and the Content from any perceived misuse. In such event and notwithstanding any language in these Site Terms and Conditions to the contrary, “SOS” reserves the right to terminate your registration and block or prevent your future access to and use of this Site without notice to you.

Customer may cancel the service, in whole or in part, only in the event of a default by “SOS” that has not been corrected within thirty (30) days following “SOS” receipt of Customer’s written notice stating the nature of “SOS” default and the corrective action requested.

6.CHANGES.

Changes, including but not limited to, specification, price, can only be made by a change order signed by the authorized representatives of Customer and “SOS”. Such change order shall include (i) the reason for the change; (ii) a description of the change and (iii) the effective date of the change. “SOS” will review all Part specification changes requested by Customer and will promptly advise Customer whether such a change is technically feasible.

7.CANCELLATION.

Cancellations that occur in the middle of the payment term (depending on payment schedule) will be made effective on the cancellation date. Accounts will not receive refunds or reimbursement for prepayments. You will be charge for the billing period in which you terminated your account according to the terms of this agreement.

8.WARRANTY.

“SOS” represents and warrants that: (a) “SOS” has all rights necessary to grant to the customer the rights set forth in this Agreement; (b) the service will be perform in accordance with the user manuals, technical requirements documents, equipment configurations and personal training (limited) that are provided by “SOS” and/ or the representative personnel in connection with the service.

9.CONFIDENTIALITY & NONDISCLOSURE.

Customer shall not disclose to any third party the existence of, or any information concerning, the transaction contemplated hereby, nor any pricing offered hereunder, without first obtaining the written consent of “SOS”, unless required by law.

10.ASSIGNMENT.

The customer will not assign any rights nor delegate any obligations under these conditions of service or any portion thereof in whole or in part, by operation of law or otherwise, without “SOS” advance, written consent which will not be unreasonably withheld. Any attempt to assign or delegate in violation of this section will be void.

11.NOTICES.

Notices or non-routine communications between the parties, other than new modules services activation, will be in writing, sent by email to [email protected] and shall be effective upon receipt by the party to which notice. Notices shall be addressed to the respective addresses of the parties, or such other addresses as the parties may designate by notice from time to time:

If to “SOS”: The address indicated on “SOS” quotation or the applicable “SOS” facility for the customer was provide. If to Customer: To Customer’s address on it’s the record file.

12.WAIVER.

The failure or delay of “SOS” to enforce any of the provisions of these conditions of service shall not be construed to be a continuing waiver of any provisions hereunder nor shall any such failure prejudice the right of “SOS” to take any action in the future to enforce any provisions hereunder.

Once you agree this terms and conditions you accept and fully understand that SOS is NOT responsible for any damages or lost devices, and you assume any and all risk of loss, liability, damage or cost.

13.GOVERNING LAW, VENUE AND JURISDICTION.

These conditions of service and the transactions arising out of or related to the service, including tort claims, will be governed by the laws of the State of Florida, without regard to conflicts of law principles. IN NO EVENT MAY THIS AGREEMENT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. Venue and jurisdiction for all legal proceedings of any kind or nature brought to enforce any provisions of these conditions of service shall lie within the courts of the State of Florida in Miami-Dade County, Florida or in the United States District Court for the Southern District of Florida. In no event shall Customer commence any action arising out of the service or the contract between the parties later than thirty (30) days the cause of action has accrued. If the customer is organized outside the United States, to the extent that customer or any of its property is or becomes entitled at any time to any immunity on the grounds of sovereignty or otherwise from any legal action, suit or proceeding, or other legal process in any jurisdiction, Customer for itself and its property does hereby irrevocably and unconditionally waive, and agrees not to assert, plead or claim, any such immunity with respect to its obligations, liabilities or any other matters resulting from or arising under or in connection with these conditions of service and the transactions arising out of the service.

14.LIMITATION OF LIABILITY.

In no event will either party be liable for any indirect, consequential, special, punitive, or exemplary damages arising out of this Agreement. The aggregate liability of either party to the other with respect to this Agreement is limited, to the extent possible under applicable law, to the fees collected by “SOS” from the customer pursuant to this Agreement in the twelve months preceding the imposition of liability.

Your Liability for Unauthorized Transactions. Federal law limits your liability for any fraudulent, erroneous unauthorized transaction from your bank account based on how quickly you report it to your financial institution. As general rule, you should report any fraudulent, erroneous or unauthorized transactions to your bank within 60 days after the questionable transaction FIRST appeared on your bank account statement. You should contact your bank for more information about the policies and procedures that apply to your account and any unauthorized transactions, including any limits on your liability.

NOTWITHSTANDING ANYTHING IN THESE CONDITIONS OF SERVICE TO THE CONTRARY, IN NO EVENT WILL “SOS” BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES OR USE EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. “SOS” LIABILITY FOR DAMAGES ARISING OUT OF OR RELATED TO THESE CONDITIONS OF SERVICE AND THE TRANSACTIONS ARISING OUT OF CUSTOMER IS LIMITED TO THE CONTRACT PRICE FOR THE SPECIFIC PART OR SERVICE THAT GIVES RISE TO THE CLAIM. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER LIABILITY ARISES FROM BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), BY OPERATION OF LAW, OR OTHERWISE. THESE EXCLUSIONS OF DAMAGES SHALL BE DEEMED INDEPENDENT OF, AND SHALL SURVIVE, ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THE TERMS OF THESE CONDITIONS OF SERVICE.

15.SETOFF.

The Customer will not set off any amount, whether or not liquidated, against sums Customer asserts are due to Customer, Customer ‘s parent, subsidiaries, affiliates or other divisions or units under any transaction with “SOS”, “SOS” parent, subsidiaries, affiliates or other divisions or units, whether under these conditions of service or otherwise.

16.SURVIVAL.

All provisions of these conditions of service which by their nature should apply beyond completion of customer’s order will remain in force after the expiration or any termination of these conditions of service.

17.THIRD PARTY BENEFICIARIES.

Except as expressly provided to the contrary in these conditions of service, the provisions of these conditions of service are for the benefit of the parties hereto and not for the benefit of any third party.

18.COMMERCIAL USE.

Customer represents and warrants that NO use and pay for the services hereunder will be used in the performance of a contract or subcontract with any government / user / etc., in a manner to affect “SOS” rights to data, technology, software or other intellectual property supplied by “SOS”.

19.U.S. GOVERNMENT RIGHTS.

If the use of the Service is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), in accordance with 48 C.F.R. 227.7202-4 (for Department of Defense (DOD) acquisitions) and 48 C.F.R. 2.101 and 12.212 (for non-DOD acquisitions), the Government’s rights in the Software, including its rights to use, modify, reproduce, release, perform, display or disclose the Software or Documentation, shall be subject in all respects to the commercial license rights and restrictions.

20.MODICATIONS TO TERMS OF SERVICE AND OTHER POLICIES.

“SOS” reserves the right to modify any of the terms and conditions contained in this Agreement, or any policy governing the Service, at any time, by posting the new agreement to the “SOS” website. You are responsible for regularly reviewing the site. Your continued use of the Service following “SOS” posting of the changes will constitute your acceptance of such changes

These Sales and Services Conditions were last updated on January 23, 2025.