Future Fortified Technologies Terms of Service

Table of Contents

1. USE OF THE SERVICES
2. Eligibility
3. Prohibited Uses
4. Right to Access and Use the Services
5. Accounts
6. Downloading Our App
7. Beta Services
8. SERVICE AVAILABILITY AND OUR RIGHT TO TERMINATE

III. MEMBER CONTENT AND MEMBER INTERACTIONS

1. MEMBER CONTENT LICENSE GRANT
2. TERMS SPECIFIC TO MOBILE SOFTWARE
3. Mobile Software
4. Mobile Software from Apple App Store
5. Mobile Software from Google Play Store
6. OUR COMMUNICATIONS WITH YOU
7. Email Communications
8. SMS/Text Messaging
9. Push Messages

VII. OUR PROPRIETARY RIGHTS

VIII. FEATURES OF THE PRODUCTS AND SERVICES

1. BILLING, PRICING AND PAYMENT TERMS
2. Billing Policies
3. Pricing and Payment Terms
4. Subscription Fees; Auto-Renewal
5. Free Trial Period
6. Payment Methods
7. Pricing Changes
8. Refunds
9. Payment Information; Taxes
10. CANCEL YOUR PAID MEMBERSHIP OR DELETE YOUR ACCOUNT
11. Cancel Your Paid Membership
12. Cancel Your Subscription During the Cooling-Off Period
13. Delete Your Account
14. NO PROFESSIONAL ADVICE; NOT AN EMERGENCY SERVICE

XII. PRIVACY

XIII. SECURITY

XIV. THIRD-PARTY LINKS

1. INDEMNITY

XVI. NO WARRANTY

XVII. LIMITATION OF LIABILITY

XVIII. DISPUTE RESOLUTION

1. Arbitration of Claims
2. Claims Subject to Arbitration
3. Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures
4. Arbitration Procedure
5. Arbitration Fees
6. Confidentiality
7. Offer of Settlement
8. Requirement of Individualized Relief
9. Mass Filing
10. Opt Out
11. Severability
12. Class Action Waiver

XIX. INFORMATION AND COMPLAINTS

1. GENERAL
2. Assignment
3. Notification Procedures and Changes to the Agreement
4. Entire Agreement/Severability
5. No Waiver
6. Third-Party Trademarks
7. Contact Information
8. Language

XXI. PREVIOUS TERMS

Recommendations to Improve This Document — Legal Risk and Liability Review

1. Material Risks Requiring Counsel’s Attention Before Publication
2. Resolved in This Draft
3. Suggested Next Steps

These Terms of Service were last updated on August 6, 2026.

PLEASE READ THESE TERMS OF SERVICE (“TERMS” OR “AGREEMENT”) CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION, AS THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS ON DAMAGES YOU MAY CLAIM AGAINST FUTURE FORTIFIED TECHNOLOGIES AND INDEMNIFICATION OBLIGATIONS YOU MAY OWE TO FUTURE FORTIFIED TECHNOLOGIES.

THESE TERMS CONTAIN A PROVISION REQUIRING MANDATORY ARBITRATION OF CLAIMS THAT, EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE CLAIMS, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

If you are under the age of 18, STOP! You must get your parent or legal guardian to read and accept THESE TERMS. By using the Zero Notice App, Zero Notice Command or Future Fortified Technologies’ other Products or Services, your parent or legal guardian agrees to these Terms and they are responsible for your use and any issues and claims related thereto.

Future Fortified Technologies helps individuals, households, teams, and organizations prepare for, respond to, and recover from emergencies and disasters, and supports compliance with applicable emergency-management and disaster-relief requirements.

As you review these Terms, keep in mind that they apply to the websites, mobile applications (including the Zero Notice App, Zero Notice Command), Help Center, and other associated services (“Services”) provided by Future Fortified Technologies, Inc., a Florida corporation (“Future Fortified Technologies,” “we,” “our,” “us,” or “Company”). The Terms also apply to any other products we make available from time to time (collectively, “Products”).

These Terms of Service explain what you can expect from us and what we can expect from you in connection with your use of our Services and Products.

By accessing or using the Products or Services (including by downloading any application we may offer from time to time, such as the Zero Notice App), you signify that you have read, understood, and agree to be bound by these Terms as well as any relevant Product and Services-specific terms (which are incorporated herein by reference), whether or not you are a registered user of our Products or Services. These Terms apply to all visitors and subscribers who access or use the Products or Services (collectively, “Members”). Before accessing or using our Products or Services, please ensure that you have read the Privacy Policy and understand how we collect, store, use, and disclose your personal information as described herein.

BY ACCESSING OR USING THE PRODUCTS OR SERVICES, YOU AGREE TO THESE TERMS, AND ANY PRODUCT AND SERVICES-SPECIFIC TERMS THAT MAY BE REFERENCED WITHIN.

I. USE OF THE SERVICES

A. Eligibility

The Products and Services are intended for use by individuals, households, and community groups — because the Zero Notice App is designed to support organizational emergency-preparedness, compliance tracking, and disaster-response coordination — by teams, businesses, and other entities that Future Fortified Technologies has authorized to maintain an organizational account. If you create or administer an account on behalf of an entity (a “Business Account”), you represent that you are authorized to bind that entity to this Agreement, and “you” and “your” in this Agreement refer to both you are individually and the entity you represent. You may use the Products and Services only if you can form a binding contract with Future Fortified Technologies, and only in compliance with this Agreement and all applicable laws, rules, and regulations.

Anyone under thirteen (13) years of age (a “child”) is strictly prohibited from creating an account for the Service without explicit parental consent (or such other age as your jurisdiction requires).

By providing consent for a child to use the Service, parents and guardians agree to: (i) be fully responsible for and exercise oversight of the child’s use of the Services, including ensuring that such use is always in accordance with this Agreement, all documents referenced in this Agreement, and all applicable laws; (ii) be fully responsible and liable for the child’s compliance with this Agreement and the child’s use of the Services; and (iii) be fully responsible for the disclaimers, waivers, and limitations of liability set out in this Agreement on your own behalf and on the child’s behalf, and all references to “you” or “your” in this Agreement will be deemed amended to include your child or your ward, as applicable. The Service is not available to any Members previously removed from the Service by us.

B. Prohibited Uses

You agree not to engage in any of the following prohibited activities:

1. copying, distributing, transmitting, disassembling, decompiling, publicly displaying, republishing, licensing, selling, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping” or by creating any derivative works of the Services;
2. determining or attempting to determine any source code, algorithms, methods, or techniques embodied by the Services or any derivative works thereof, or incorporating the Services or any portion thereof into any other program or product;
3. taking any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure, or using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to Future Fortified Technologies’ servers than a human can reasonably produce in the same period of time using a conventional online web browser or mobile application;
4. transmitting spam, chain letters, or other unsolicited email and in-app messages;
5. uploading invalid data, viruses, worms, or other software agents through the Services;
6. collecting or harvesting any personally identifiable information, including account names, from the Services;
7. using the Services for any commercial purpose not expressly authorized under a Business Account;
8. impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, or hiding or attempting to hide your identity;
9. interfering with, or attempting to interfere with, the proper working of the Services, or attempting to compromise the system integrity or security of, or decipher any transmissions to or from, the servers running the Services;
10. accessing any content on the Services through any technology or means other than those provided or authorized by Future Fortified Technologies;
11. bypassing the measures we may use to prevent or restrict access to or use of the Services or the content therein, including attempting to bypass any age-gating or parental-consent mechanisms or providing false or inaccurate information regarding your age, country, or state of residence;
12. encouraging any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us, our members, or the accuracy or reliability of emergency and disaster-related information delivered through the Services; or
13. violating, or promoting the violation of, this Agreement or any applicable law or regulation, including without limitation any laws regarding emergency communications, human trafficking, stalking, credit card fraud, the export of data or software, or patent, trademark, trade secret, copyright, or other intellectual property or legal rights (including the rights of publicity and privacy of others).

C. Right to Access and Use the Services

We grant you a non-exclusive, limited, non-transferable, freely revocable right to access and use the Services on a single device that you own or control (or, for Business Accounts, on devices authorized by the administering entity) for your personal or authorized organizational, non-commercial use only (except for Zero Notice Command), and as permitted by the features of the Service. Future Fortified Technologies reserves all rights not expressly granted herein in the Services and the Company Content (as defined below). Future Fortified Technologies may terminate this right at any time if you materially or repeatedly fail to comply with any provision of this Agreement or directions provided by our customer support representatives, for any reason outside of our control, or if we stop providing the Service.

D. Accounts

In order to use our Products and Services, you must have an account with us. Accounts that you are able to establish with Zero Notice or Future Fortified Technologies may give you access to the functionality of the Products and Services, which we may modify from time to time in our sole discretion.

When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers, and symbols) with your account. You must notify us immediately of any breach of security or unauthorized use of your account. Unless directly caused by Future Fortified Technologies’ negligence or breach of this Agreement, Future Fortified Technologies will not be liable for any damages or losses caused by any unauthorized use of your account.

You may control your member profile and how you interact with the Products and Services by accessing the “Settings” screen in the App and changing settings that are made available to you — for example, adding or removing members of your household, team, or organizational Circle, or managing notification and alert preferences.

E. Downloading Our App

When you download the Zero Notice App or any of our other apps from the Apple App Store, Google Play, or another app store or app distribution platform (an “App Store”), you acknowledge and agree that:

• these Terms are concluded between us, and not with the App Store, and that we (not the App Store) are solely responsible for our App;
• the App Store has no obligation to furnish any maintenance and support services with respect to our App or handle any warranty claims;
• the App Store is not responsible for addressing any claims you have relating to our App, including product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that our App fails to conform to any applicable legal or regulatory requirement; and
• the App Store is a third-party beneficiary of these Terms and has the right to enforce these Terms against you (as it relates to your license of our App through their App Store). You must also comply with the App Store’s terms of service when using our App.

F. Beta Services

From time to time, Zero Notice or Future Fortified Technologies may offer Beta Services to you. “Beta Services” means the Services, or a specific feature of the Services (including new alert, compliance, or reporting features), that are provided prior to general commercial release and which are designated or presented to you as alpha, beta, experimental, pilot, early access, non-production, or in evaluation. By accepting, downloading, or using any Beta Services, you understand and acknowledge that the Beta Services are being provided on an “As Is” or “As Available” basis. The Beta Services may contain bugs, errors, and other problems, and — because emergency alerts and compliance information delivered through Beta Services may not be fully reliable — should not be relied upon as your sole source of emergency or safety information. IN NO EVENT SHALL THE TOTAL LIABILITY OF FUTURE FORTIFIED TECHNOLOGIES OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE USE OF BETA SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100 USD). Future Fortified Technologies is not obligated to provide any maintenance, technical, or other support for Beta Services, and may discontinue Beta Services at any time at our sole discretion.

II. SERVICE AVAILABILITY AND OUR RIGHT TO TERMINATE

We may, without prior notice, change the Services; stop providing the Services or any features of the Services to you or to Members generally; or create usage limits for the Services, in order to make performance or security improvements, to comply with the law, to prevent illegal activities on or abuse of our Services, or if elements of the Services are no longer able to be provided by us (for example, if an underlying third-party service provider no longer provides them). You can also end your relationship with us at any time if you do not like any of these changes by closing your account (see Section X, Cancel Your Paid Membership, or Delete Your Account).

We may permanently or temporarily terminate or suspend your access to the Services without notice and liability if, in our reasonable opinion, (i) you materially or repeatedly violate any provision of this Agreement, (ii) your account has been inactive for twelve (12) months or more, or (iii) for any reason outside our control or if we stop providing the Services. In most cases, we will provide you with prior notice before we suspend or terminate your access to the Services, unless we reasonably believe that doing so would cause Future Fortified Technologies or another person legal liability, would compromise an investigation or the operation of any Future Fortified Technologies products, services, or systems, would cause harm to our Members, or would otherwise be in breach of the law or the direction of a legal enforcement authority.

III. MEMBER CONTENT AND MEMBER INTERACTIONS

Some areas of the Services allow Members to upload or post content such as profile information, images, text, comments, questions, messages, compliance documentation, and other content or information (any such content a Member submits, posts, displays, creates, or affirmatively chooses to make available on the Service is “Member Content”). Member Content does not include information collected from or about your phone or device. We claim no ownership rights over Member Content created or submitted by you. The Member Content you create remains yours; however, by sharing Member Content through the Services, you agree to the Member Content License Grant below, and to allow others (such as members of your Circle, household, team, community or organization) to view, edit, and/or share your Member Content in accordance with your settings and this Agreement. Future Fortified Technologies has the right (but not the obligation), in our sole discretion, to remove any Member Content that is shared via the Services.

You are solely responsible for your interactions with other Members (“Member Interactions”). We reserve the right, but have no obligation, to monitor disputes between you and other Members. Future Fortified Technologies shall have no liability for your interactions with other Members, or for any Member’s action or inaction.

You agree not to post or transmit Member Content or engage in Member Interactions that:

1. may create a risk of harm, damage, or loss of any kind to any person or property;
2. seek to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise;
3. may constitute or contribute to a crime or tort, or which contain any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
4. contain any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
5. contain any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
6. contain any information or content that you know is not correct and current, including false or misleading emergency, safety, or compliance information;
7. violate any workplace, school, or other applicable policy, including those related to cheating or ethics;
8. interfere with other Members or users of the Services, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Services and deleting or revising any content posted by another person or entity;
9. except where expressly permitted, post or transmit charity requests, petitions for signatures, or other business opportunities (including offers of employment or contracting arrangements), club memberships, or chain letters, or any advertising or promotional materials, or any other solicitation of other Members to use goods or services, except in those areas designated for such purpose; or
10. violate the intended purpose of the Product(s) or Service(s) (for example, submitting false disaster or emergency reports).

As part of providing the Services, Future Fortified Technologies may use automated abuse detection mechanisms designed to detect harmful content, including related to potential violations of these Terms of Service.

You agree, represent, and warrant that any Member Content that you upload or post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Future Fortified Technologies reserves the right, but is not obligated, to investigate and take appropriate action, including rejecting and/or removing any Member Content or Member Interactions, suspending or terminating your account and/or our provision of the Services to you, and/or reporting you to law enforcement or emergency management authorities, if you violate any provision of these Terms. In order to cooperate with governmental requests, subpoenas, or court orders, to protect our systems, service providers, partners, and other Members, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including your account information (name, e-mail address, etc.), IP address and traffic information, usage history, your Member Content, and your conduct.

For purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals, and extensions thereof, under the laws of any state, province, country, territory, or other jurisdiction.

In connection with your Member Content, you affirm, represent, and warrant the following:

1. You have the consent of each and every individual identified in the Member Content to use such person’s name or likeness in the manner contemplated by the Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
2. Your Member Content, and Future Fortified Technologies’ use thereof as contemplated by this Agreement and the Service, will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights. While we reserve the right (but not the obligation) to remove any Member Content that appears on our Services, Future Fortified Technologies takes no responsibility and assumes no liability for any Member Content that you or any other Member or third-party posts or sends over the Services, or for any Member Interactions arising from your use of the Services. You shall be solely responsible for (i) your Member Content and the consequences of posting or publishing it, and (ii) your Member Interactions and the consequences of engaging in any interaction. Future Fortified Technologies cannot guarantee that all Member Content or Member Interactions comply with this Agreement, and you understand that you may be exposed to Member Content or Member Interactions that are inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Future Fortified Technologies shall not be liable for any damages you allege to incur as a result of Member Content or Member Interactions.

Intellectual Property Complaints. Future Fortified Technologies responds to notices of alleged infringement of copyright, trademark, and other intellectual property rights that are properly submitted to us. Copyright claims are handled in accordance with our Copyright Policy (DMCA), which is incorporated into these Terms by reference and is designed to comply with the United States Digital Millennium Copyright Act.

If you believe that your intellectual property rights have been violated, please submit a notice using the instructions provided in our Copyright Policy (DMCA), or by emailing [email protected]. We will review such notices and act as we determine appropriate in accordance with applicable law and these Terms. Future Fortified Technologies may, in appropriate circumstances, suspend or terminate accounts of users who are repeat infringers.

Each owner of intellectual property is responsible for protecting their rights and taking any legal or other action they determine to be appropriate to do so, and we do not accept any obligation to take any particular action to enforce or protect any party’s intellectual property rights on their behalf.

IV. MEMBER CONTENT LICENSE GRANT

By posting any Member Content on the Services, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Future Fortified Technologies a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Member Content and your name, voice, and/or likeness as contained in your Member Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with operating, developing, marketing, providing, and improving the Products or Services.

V. TERMS SPECIFIC TO MOBILE SOFTWARE

A. Mobile Software

As part of the Products and Services, we make available software and/or applications designed for mobile devices, including the Zero Notice App (“Mobile Software”). To use Mobile Software, you must have a mobile device that is compatible with the Mobile Software. Future Fortified Technologies does not warrant that the Mobile Software will be compatible with your mobile device. Future Fortified Technologies hereby grants you a non-exclusive, non-transferable, revocable right to use a compiled code copy of the Mobile Software for one account owned solely by you (or, for Business Accounts, one account owned by the administering entity), for your personal or authorized organizational use. Without limiting the general prohibitions on your actions found in “Prohibited Uses” above, which also apply to the Mobile Software, you may not:

1. modify, disassemble, decompile, or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law;
2. rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Mobile Software to any third party, or use the Mobile Software to provide time-sharing or similar services for any third party;
3. make any copies of the Mobile Software;
4. remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or
5. delete the copyright and other proprietary rights notices on the Mobile Software.

You acknowledge that Future Fortified Technologies may from time-to-time issue upgraded versions of the Mobile Software, and (where permitted) may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open-source or third-party license of EULAs, if any, authorizing use of such code. The foregoing right to use is not a sale of the Mobile Software or any copy thereof, and Future Fortified Technologies or our third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in this Agreement, is void. Future Fortified Technologies reserves all rights not expressly granted under this Agreement.

If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Services, including the laws in your jurisdiction of residence.

B. Mobile Software from Apple App Store

The following applies to any Mobile Software you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Company, not Apple, Inc. (“Apple”), and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the then-current App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Company as provider of the software.

You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Company as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Company acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement as it relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as it relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.

C. Mobile Software from Google Play Store

The following applies to any Mobile Software you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that this Agreement is between you and Company only, and not with Google LLC (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Company, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or this Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to your license of the Google-Sourced Software.

VI. OUR COMMUNICATIONS WITH YOU

A. Email Communications

By providing Future Fortified Technologies your email address, you consent to our use of your email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Products or Services and, where permitted, special offers. If you do not want to receive promotional email messages, you may opt out by unsubscribing from such email communications from Future Fortified Technologies. Members whose residency is in jurisdictions requiring opt-in consent for such communications will be provided with an opportunity to provide such opt-in consent prior to receiving any non-Product or Service-related messaging. If you are a member enrolled in the Services as part of an employee benefit program offered by your employer (an “Employee Benefit Program Member”), your email address will be used by Future Fortified Technologies only to send Service-related notices, including any notices required by law. Employee Benefit Program Members are automatically opted out of non-Product or Service-related messaging.

B. SMS/Text Messaging

We may offer you the option to receive recurring SMS/text messages, which may include marketing SMS/text messages with information about Future Fortified Technologies’ or our business partners’ products or services, SMS/text messages from members of your household, team, or organizational group (your “Circle”), or alerts related to a monitoring or emergency-notification feature of the Service (each a “Text Messaging Program”). We may also send SMS/text messages in the event of an emergency, disaster, or compliance deadline relevant to your Circle, or if you are listed as a Member’s emergency contact. By consenting to a Text Messaging Program, you agree to receive SMS/text messages to the mobile phone number you provided to us. You certify that the mobile number you provided is true and accurate and that you are authorized to enroll the designated mobile number to receive such text messages. You acknowledge and agree that the text messages may be sent using an automatic telephone dialing system, that standard message and data rates apply, and that the frequency of messages may vary. Consent to receive automated text messages is not a condition of any purchase.

The Text Messaging Program may not be available on all carriers or compatible with all mobile phone models, and carriers are not liable for any delayed or undelivered messages. The availability of the Text Messaging Program may also be impacted or restricted by local laws, regulations, or rules where you reside. We are not responsible for any delays in sending or receiving text messages and can change the Text Messaging Program at any time. Because emergency and disaster alerts may be delivered by SMS, you should not rely on the Text Messaging Program as your sole source of emergency information — always maintain alternative emergency communication channels, and call 911 (or your local emergency number) in a life-threatening emergency.

To unsubscribe from text messages at any time, reply “STOP,” “QUIT,” “END,” “REVOKE,” “OPT OUT,” “CANCEL,” or “UNSUBSCRIBE” to any text message you receive through the Text Messaging Program. Following such a request, you may receive one final text message confirming your request. For help with text messages, reply “HELP” to any text message you receive through the Text Messaging Program. You can also unsubscribe (or, after unsubscribing, resubscribe), or obtain help, by emailing us at [email protected]. If you unsubscribe from one of our Text Messaging Programs, you may continue to receive text messages from Future Fortified Technologies through any other Text Messaging Programs you have joined until you separately unsubscribe from those programs. Please keep in mind that if you opt out of receiving text message alerts related to a feature of the Service, we may not be able to contact you with important messages regarding that Service or your Circle members. However, if there is an emergency or account question, we will attempt to contact you in other ways, such as by push notification or email.

C. Push Messages

As part of the Products and Services we provide, you will (if enabled) receive push notifications (“Push Messages”), including emergency and disaster alerts. Depending on the type of Service and feature involved, you may be able to opt out of certain Push Messages while retaining the ability to receive other Push Messages. We strongly encourage Members not to disable emergency-related Push Messages.

VII. OUR PROPRIETARY RIGHTS

Except for your Member Content, the Products and Services and all materials, services, and information therein or transferred thereby, including, without limitation, information, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, content, reports, features, functionality, design, presentation, analyses, and data that is otherwise generated, collected, or transmitted through the Services or Mobile Software, and the “look and feel” of the Services (the “Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Future Fortified Technologies and our licensors (including other Members who post Member Content to the Services). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any Company Content. Use of the Company Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to, or we may invite you to, submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, and will not place Future Fortified Technologies under any obligation, and that we are free to use the Idea for any purpose without any compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Future Fortified Technologies does not waive any rights to use similar or related ideas previously known to Future Fortified Technologies, or developed by our employees, or obtained from sources other than you. Future Fortified Technologies has no obligation to review, consider, or implement any Idea. You agree, represent, and warrant that any Idea that you submit does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights or rights of privacy.

VIII. FEATURES OF THE PRODUCTS AND SERVICES

The Products and Services include several features which may or may not be available to you depending on where you are located, which Services or features you elect, and, where required, pay or subscribe to use. Some Service features require the Zero Notice App or other Mobile Software to be installed on the devices to which the features apply. Not all Service features may be available in your country, state, or region. Please see our complete Product and Service Terms for more information regarding the features of the Products and Services and their limitations. Features may include:

• Household, Team, and Organizational Circle Check-In and Location Safety
• Disaster and Emergency Alerts and Push Notifications
• Crisis Resiliency and Disaster Preparedness Resources and Checklists
• Regulatory and Emergency Management Compliance Tracking and Documentation Tools
• Community Resilience and Local Emergency Resource Directories
• Integration with Federal, State, and Local Emergency Management Information (where available)

Note: Feature names and availability are set and updated within the Zero Notice App itself and its in-app help content, which controls any general description in this Agreement.

IX. BILLING, PRICING AND PAYMENT TERMS

This section contains additional policies and information about Future Fortified Technologies’ billing policies, pricing, and payment terms.

A. Billing Policies

If you elect to use Subscription Features, you agree to the pricing and payment terms displayed at the time you elect to subscribe. Future Fortified Technologies may add new features for additional fees and charges, or amend fees and charges for existing services, at any time in our sole discretion. Any change to our pricing or payment terms shall only apply to you and become effective in the billing cycle following at least 30 days’ notice of such change to you.

Future Fortified Technologies is not responsible for mobile data usage resulting from the use of the Services. Consult your provider with questions related to billing, as data rate charges and limits may apply.

B. Pricing and Payment Terms

1. Subscription Fees; Auto-Renewal

All subscription fees, plus any applicable taxes and other charges (the “Subscription Fee”), are payable in advance, at the beginning of your subscription term, and at the start of each billing period thereafter, at the then-current Subscription Fee.

You may have the option to pay your Subscription Fee on a monthly basis (a “Monthly Subscription”) or on an annual basis (an “Annual Subscription”), or in certain cases on a monthly basis with an annual commitment and an annual renewal date (“Annual Commitment Monthly Subscription”). Your subscription with us will automatically renew until you cancel it. If you have a Monthly Subscription, we (or our third-party payment processor) will automatically charge you each month on the anniversary of the commencement of your Monthly Subscription, using the payment information you have provided, until you cancel your Monthly Subscription. If you have an Annual Subscription, we will automatically charge you annually on the anniversary of the commencement of your Annual Subscription until you cancel. If you have an Annual Commitment Monthly Subscription, we will automatically charge you each month on the anniversary of the commencement of that subscription, using the payment information you have provided, until you cancel and the annual commitment lapses. If you have an Annual Subscription or an Annual Commitment Monthly Subscription, we will send you a reminder at least thirty (30) days prior to each annual renewal with the then-current Subscription Fee. We reserve the right to change our Subscription Fees for any subscription type and will provide you advance notice of any increase applicable to your subscription.

If you change or upgrade your subscription, your billing date may also change, and the corresponding Subscription Fee and renewal cadence will apply from your next billing date, as described above.

If you purchase a Future Fortified Technologies subscription for a household, team, or organizational Circle, the features associated with that subscription will be available to the members of that Circle up to the maximum number of members permitted under your plan (see the Product and Service Terms for details). Only one Circle member or administrator needs to purchase and apply a subscription to a Circle. Future Fortified Technologies is not responsible if members purchase multiple subscriptions and apply them to the same Circle.

This section does not apply to you if you are an Employee Benefit Program Member. Please see information about how to cancel your membership provided to you as part of an employee benefit program in Section X below.

2. Free Trial Period

After initial registration of a paid membership subscription (“Paid Membership”), you may be given an initial free trial period (“Free Trial Period”). Certain features may not be available during the Free Trial Period, at Future Fortified Technologies’ sole discretion. You may cancel your account at any time during the Free Trial Period to avoid any additional charges. If you do not cancel your subscription during the Free Trial Period, then at the end of the Free Trial Period you will be automatically charged for the price of the Paid Membership type you selected during registration, and you will continue to be charged that amount until you cancel your Paid Membership. You are limited to one trial per person (credit card or other unique payment or identification method) during any twelve (12)-month period.

You may cancel your Paid Membership as set forth below. Note that cancelling your Paid Membership does not delete your account. To delete your account, please follow the instructions for account deletion in Section X(C) below.

Depending on the Paid Membership tier, features available to our Paying Members after the conclusion of the Free Trial may include full Circle check-in and location-safety functionality, expanded compliance checklist and documentation tools, priority emergency alert delivery, and access to additional community-resilience resources.

3. Payment Methods

Future Fortified Technologies accepts most major credit and debit cards, as well as in-app payments through third parties such as Apple or Google. If we are unable to charge the card you have provided (for example, an expired credit card), we will send you a notice to update your card information. You will have a seven (7)-day grace period to update your billing information. If your account is not updated within the seven (7)-day grace period, we may terminate your subscription.

Zero Notice Command will offer ACH and wire payment options for its services and may not offer a free trial period.

By purchasing Products or a subscription (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to provide additional information relevant to your Transaction, including your credit card number, its expiration date, and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment methods represented by the Payment Information you provide us. You acknowledge and agree that we have no liability with respect to any act or omission by your payment provider. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and charge your payment method (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction.

Future Fortified Technologies is not responsible for any charges or expenses you incur resulting from charges we bill in accordance with this Agreement (for example, overdrawn accounts or exceeding credit card limits). By providing a payment method with advance authorization features, you authorize us to continue charging that payment method for all charges due, including taxes, until your account is settled and your subscription is terminated by either you or us. We reserve the right to limit the number of accounts that may be charged to a credit card or other payment or identification method per unique user.

4. Pricing Changes

Prices for subscriptions may change from time to time to reflect inflation or changing business requirements. If they do, and you currently have a subscription, we will provide you with advance notice of the change via email (or, if you have not provided a valid email address, through the Services or in another available manner) before the price change takes effect. If you do not want to continue at the new price, you can cancel the relevant subscription before the price increase takes effect by following the instructions in Section X below.

C. Refunds

Except where prohibited by applicable law, or as set out in Section X(B) below (Cancel Your Subscription During the Cooling-Off Period), there are no refunds for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else. Upon cancelling any features, your subscription will remain valid, and you will retain access to the features until the start of your then-current paid period is completed.

D. Payment Information; Taxes

All information that you provide in connection with a purchase, Transaction, or other monetary interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with such interactions, at the prices in effect when the charges are incurred. You will pay any applicable taxes relating to such purchases, Transactions, or other monetary interactions.

X. CANCEL YOUR PAID MEMBERSHIP OR DELETE YOUR ACCOUNT

A. Cancel Your Paid Membership

You may cancel your Paid Membership at any time, and the cancellation will be effective at the next renewal date. Note that cancelling your Paid Membership does not delete your account. To delete your account, please follow the instructions in Section X.C below. You may cancel your Paid Membership as follows:

• Cancel in the Zero Notice App. Go to Settings, Account, Cancel Membership. If you signed up directly with the Apple App Store or Google Play Store, you must also cancel directly with the applicable App Store, which you can access from the last page of our in-app cancellation process.
• Cancel on our website. Log in to your account, go to Manage Membership, scroll to the cancellation section, and select the Paid Membership you wish to cancel. If you did not sign up through our website, you must cancel through the Zero Notice App, and directly with the Apple App Store or Google Play Store, as applicable.
• Employee Benefit Program Members. If you have signed up for the Services through your employer’s employee benefit program, contact your employer or your Reseller (as applicable) to cancel the Service; the disposition of any refunds is between you and your employer or Reseller, and any Services paid for by the employer will not result in a refund to you upon cancellation.

Note that if you purchased your Paid Membership through the Apple App Store or Google Play Store, you must also cancel directly with Apple or Google to ensure you will no longer be charged the recurring subscription fee.

B. Cancel Your Subscription During the Cooling-Off Period

If you are a consumer based in the European Union, European Economic Area, or United Kingdom, you have an automatic legal right to withdraw from contracts for purchases of paid subscriptions within fourteen (14) days from the date of purchase. For more information about your right to withdraw from this Agreement (and how to exercise this right), please contact us at [email protected].

C. Delete Your Account

Deleting your account, deleting the app, or leaving a Circle will not cancel your Paid Membership. To cancel your Paid Membership and stop any recurring charges, you must separately cancel your Paid Membership as described above. Please be sure to cancel your Paid Membership prior to deleting your account. Deleting your Zero Notice App account will permanently delete your account history, compliance records, and Circle activity. This action cannot be undone. To delete your account:

• In the Zero Notice App, go to Settings, Account, Delete Account. Review the information provided about deleting your account, select “Yes” to confirm, and then “Continue.” We will send you an email to the address associated with your account to authenticate your deletion request. Follow the instructions in that email to complete the account deletion process.
• On our website, log in to your account, go to Manage Membership, then scroll to the Delete Account section, and follow the same confirmation and authentication steps described above.

XI. NO PROFESSIONAL ADVICE; NOT AN EMERGENCY SERVICE

If the Services provide professional, emergency-management, legal, medical, or compliance-related information, such information is for informational purposes only and should not be construed as professional advice, nor as a guarantee of regulatory compliance. No action should be taken based solely on information contained in the Service. You should seek independent professional advice from a person or agency who is licensed, accredited, and/or qualified in the applicable area.

The Products and Services are not a substitute for calling 911 (or your local emergency number), for official emergency alerts issued by government authorities, or for your organization’s own emergency action plan. In a life-threatening emergency, always contact emergency services directly. Zero Notice and / or Future Fortified Technologies does not guarantee the timeliness, accuracy, or completeness of any alert, notification, or compliance information delivered through the Services, and delivery of alerts may be delayed or prevented by factors outside our control, including network outages, device settings, and third-party service disruptions.

As stated in the Privacy Policy, Employee Benefit Program Members are automatically opted out of sharing their personal information with third-party business partners for their own independent use.

XII. PRIVACY

We care about the privacy of our Members. Please see our Privacy Policy for information about how we collect, use, and disclose information about you, including device data, location, sensory, and motion data. You consent to the collection, use, and disclosure of your personal information for the purposes described in our Privacy Policy.

XIII. SECURITY

Future Fortified Technologies cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

XIV. THIRD-PARTY LINKS

The Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Zero Notice or Future Fortified Technologies, including links to government emergency management resources. If you use any such links, you will leave the Service. Future Fortified Technologies does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Service, you do so at your own risk, and you understand that this Agreement and our Privacy Policy do not apply to your use of such sites. You expressly relieve Future Fortified Technologies from any and all liability arising from your use of any third-party website, service, or content.

XV. INDEMNITY

This section does not apply to consumers who are resident in the UK, EU, EEA, or any other jurisdiction where this indemnity is not allowable under applicable law. To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Future Fortified Technologies and our subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties herein; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your Member Content, or any Member Content or other information submitted via your account, including any Ideas; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.

XVI. NO WARRANTY

If the law of the country where you live does not allow for the disclaimer of certain warranties provided in this Section, those disclaimers shall not apply to you to the extent prohibited.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY, SECURITY, ACCURACY, TIMELINESS, QUALITY, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FUTURE FORTIFIED TECHNOLOGIES OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, FUTURE FORTIFIED TECHNOLOGIES, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT: (I) THE SERVICES OR RESULTS OBTAINED FROM USE OF THE SERVICES (FOR EXAMPLE, DATA, INFORMATION, LOCATION, ALERTS, OR EMERGENCY NOTIFICATIONS) WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR CORRECT; (II) THE SERVICES OR RESULTS OBTAINED FROM USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (III) THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, TIMELY, UNINTERRUPTED, OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (V) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.

FUTURE FORTIFIED TECHNOLOGIES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND FUTURE FORTIFIED TECHNOLOGIES WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

XVII. LIMITATION OF LIABILITY

If the law of the country where you live does not allow for the disclaimer of certain warranties provided in this Section, those disclaimers shall not apply to you to the extent prohibited.

THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FUTURE FORTIFIED TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

NOTHING IN THIS AGREEMENT SHALL AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT FUTURE FORTIFIED TECHNOLOGIES’ LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY FUTURE FORTIFIED TECHNOLOGIES’ GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (2) FRAUD; (3) FRAUDULENT MISREPRESENTATION; OR (4) ANY OTHER LIABILITY WHICH CANNOT BE VALIDLY EXCLUDED OR LIMITED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FUTURE FORTIFIED TECHNOLOGIES, OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY LOSSES THAT WERE NOT CAUSED BY FUTURE FORTIFIED TECHNOLOGIES’ BREACH OF THIS AGREEMENT, OR ANY LOSS OR DAMAGE ARISING OUT OF THIS AGREEMENT THAT WAS NOT, AT THE TIME YOU ENTERED INTO THIS AGREEMENT, A REASONABLY FORESEEABLE CONSEQUENCE OF FUTURE FORTIFIED TECHNOLOGIES’ BREACH OF THIS AGREEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FUTURE FORTIFIED TECHNOLOGIES, OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE PRODUCTS OR SERVICES, INCLUDING ANY DELAYED, INCOMPLETE, OR FAILED DELIVERY OF AN EMERGENCY OR DISASTER ALERT. UNDER NO CIRCUMSTANCES WILL FUTURE FORTIFIED TECHNOLOGIES BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE PRODUCTS OR SERVICES OR YOUR ACCOUNT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUTURE FORTIFIED TECHNOLOGIES ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES FROM THE PRODUCTS OR SERVICES OR RESULTS OBTAINED FROM USE OF THE PRODUCTS OR SERVICES (FOR EXAMPLE, DATA, INFORMATION, LOCATION, ALERT DELIVERY, OR EMERGENCY NOTIFICATION); (II) PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF OUR PRODUCTS OR SERVICES (EXCEPT TO THE EXTENT CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT); (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCTS OR SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE TRANSMITTED TO OR THROUGH OUR PRODUCTS OR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE PRODUCTS OR SERVICES; (VII) MEMBER CONTENT, MEMBER INTERACTIONS, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (VIII) ANY ACTION OR INACTION OF THIRD PARTIES, INCLUDING GOVERNMENT AGENCIES OR EMERGENCY RESPONDERS.

EXCEPT FOR THE CARVE-OUTS EXPRESSLY IDENTIFIED ABOVE (DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, FRAUD, FRAUDULENT MISREPRESENTATION, OR OTHER NON-EXCLUDABLE LIABILITY), AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUTURE FORTIFIED TECHNOLOGIES’ TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE PRODUCTS OR SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO FUTURE FORTIFIED TECHNOLOGIES FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100 USD).

All legal actions arising with respect to the Services shall, unless prohibited by applicable law, be barred unless written notice thereof is received by Future Fortified Technologies within one year from the date of the event giving rise to such legal action.

The Services are controlled and operated from facilities in the United States and are available for use in certain other countries as explicitly identified in this Agreement or the Product and Service Terms. Other than the countries so identified, Future Fortified Technologies makes no representations that the Products or Services are appropriate or available for use in other locations. Those who access or use the Products or Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable local laws and regulations. You may not use the Products or Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.

XVIII. DISPUTE RESOLUTION

READ THIS SECTION CAREFULLY BECAUSE, EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IT REQUIRES THE PARTIES TO ARBITRATE THEIR CLAIMS. THESE DISPUTE RESOLUTION TERMS, INCLUDING ARBITRATION REQUIREMENTS AND WAIVER OF CLASS RIGHTS, APPLY TO ALL CLAIMS BETWEEN YOU AND FUTURE FORTIFIED TECHNOLOGIES, INCLUDING THOSE THAT AROSE BEFORE OR AFTER YOU ACCEPTED ANY PRIOR VERSION OF THESE TERMS. The provisions set out in this Section are prohibited by Quebec’s Consumer Protection Act (CQLR c P-40.1) and therefore do not apply to Members in Quebec, Canada.

In the unlikely event that you are not satisfied with our Help Center’s resolution of your concern, and you and Future Fortified Technologies are unable to resolve a claim following the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures below, we each agree to resolve the claim through binding arbitration instead of in courts of general jurisdiction, as identified in the following table:

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to limited review by courts. Unless expressly limited in this Section, arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis. Class arbitrations and class actions are not permitted.

FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT TO ARBITRATE.

A. Arbitration of Claims

1. Claims Subject to Arbitration

To the fullest extent permitted by applicable law, Future Fortified Technologies and you agree to arbitrate all claims between us, except for claims (i) exclusively related to the intellectual-property rights (such as patent, copyright, trademark, trade secret, or moral rights, but not including privacy or publicity rights) of you or Future Fortified Technologies, including any claims in which you or Future Fortified Technologies seek injunctive or other equitable relief for the alleged unlawful use or infringement of intellectual property (“IP Claims”), or (ii) that are properly asserted in small-claims court, provided that the small-claims court does not permit class or similar representative actions or relief. Claims that are not related to intellectual property but are jointly filed with IP Claims will be resolved by a neutral arbitrator through final and binding arbitration instead of a court by a judge or jury.

References to “Future Fortified Technologies,” “you,” “we,” and “us” in this Arbitration Agreement include our respective predecessors in interest, successors, and assigns, as well as our respective parents, subsidiaries, and affiliates; those entities and our respective agents, employees, licensees, licensors, and providers of content as of the time your or our claim arises; and all authorized or unauthorized users or beneficiaries of Products or Services under this or prior Agreements between us.

You agree that, by entering into this Agreement and accepting these Terms, you and we are each waiving the right to participate in a class action and to a trial by jury to the fullest extent permitted by applicable law.

This Agreement evidences a transaction in interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This Section shall survive termination of this Agreement.

2. Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures

You and we agree that good-faith, informal efforts to resolve claims often can result in a prompt, cost-effective, and mutually beneficial outcome. Therefore, a party who intends to initiate arbitration, file a claim in small-claims court, or seek relief in court for IP Claims must first send to the other a written Mandatory Pre-Arbitration Notice. A Mandatory Pre-Arbitration Notice from you to Future Fortified Technologies must be emailed to [email protected]. Future Fortified Technologies will send a Mandatory Pre-Arbitration Notice to the email currently associated with your account.

A Mandatory Pre-Arbitration Notice must include (i) the claimant’s name, address, and email address; (ii) a description of the nature and basis of the claim; (iii) any relevant facts giving rise to the claim; (iv) a description of the specific relief sought, including damages, if any, and a detailed calculation for them; and (v) a personally signed statement from the claimant (and not solely by their counsel) verifying the accuracy of the Notice. The Mandatory Pre-Arbitration Notice must be individualized, meaning it can concern only one party’s claim.

After receipt of a completed Mandatory Pre-Arbitration Notice, the parties shall engage in a good-faith effort to resolve the claim for a period of 60 days (which can be extended by agreement). Either party may, consistent with that good-faith effort, request an individualized video settlement conference to be held during (or, by agreement, after) the 60-day period, and both parties will personally attend, with counsel invited if represented. If a party cannot participate by video, that party may attend telephonically upon a showing of good cause. If the parties do not reach agreement within 60 days (or a longer agreed period), either party may commence an applicable arbitration proceeding, small-claims court proceeding, or court action, as permitted by these Terms.

Compliance with the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures is a condition precedent to initiating an applicable arbitration, small-claims court proceeding, or court action. Any applicable limitations period and filing-fee deadlines shall be tolled while the parties engage in these procedures. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with these procedures.

Notwithstanding any provision of this Agreement to the contrary, either party may seek injunctive or other equitable relief from a court of competent jurisdiction pending completion of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures if such relief is necessary to prevent irreparable harm, limited strictly to temporary relief necessary to support the arbitration or other process.

3. Arbitration Procedure

Arbitrations will be governed by the applicable rules of the American Arbitration Association (“AAA”) (including its Commercial Arbitration Rules and/or Supplemental Rules for Mass Arbitration Filings, as applicable), as modified by this Arbitration Agreement, and will be administered by the AAA. The AAA rules and forms for initiating an arbitration are available online at www.adr.org.

The party initiating arbitration must submit a certification that they have complied with and completed the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures requirements and that they are a party to the Arbitration Agreement enclosed with or attached to the demand for arbitration. The demand and certification must be personally signed by the party initiating arbitration (and their counsel, if represented).

All issues are for the arbitrator to decide except for those related to the validity, enforceability, or scope of these Dispute Resolution terms and arbitration provision, which a court of competent jurisdiction shall have the exclusive authority to decide, including the authority to enjoin the filing, prosecution, or administration of arbitrations and the assessment of arbitration fees.

Unless we and you agree otherwise, or the applicable arbitration rules dictate otherwise, any arbitration hearing involving a claim seeking no more than $15,000 will be held via videoconference, with both parties having the option to attend the hearing live. All other hearings will take place in Hillsborough County, Florida, unless another location is required by applicable law. At the conclusion of the arbitration, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s decision is binding only between you and Future Fortified Technologies and will not have any preclusive effect in another arbitration or proceeding involving a different party.

Except as otherwise expressly prohibited, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorney fees and costs, in accordance with applicable law. Unless otherwise provided by applicable law, the parties shall bear their own attorney fees and costs in arbitration unless the arbitrator awards sanctions or finds the claim, defense, or relief sought frivolous or brought for an improper purpose.

4. Arbitration Fees

The payment of arbitration fees (filing, arbitrator, and hearing fees) will be governed by the applicable arbitration rules, unless you qualify for a fee waiver under applicable law. Arbitration should be cost-effective for all parties, and any party may engage with the arbitration service provider to address reduction or deferral of fees.

5. Confidentiality

Upon either party’s request, and unless otherwise prohibited by law, the arbitrator will issue an order requiring that confidential information disclosed during the arbitration may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award, and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.

6. Offer of Settlement

In any arbitration between you and Future Fortified Technologies, the defending party may, but is not obligated to, make a written settlement offer at any time before the evidentiary hearing (or, if a dispositive motion is permitted, prior to the motion being granted). If the party bringing the claim rejects the offer within 7 days of receiving it, and the arbitration award is equal to or less favorable to the claimant than the offer, the claimant must pay the defending party’s costs incurred after the offer was made, including arbitration fees, except where applicable law prohibits such fee-shifting. The fact, amount, or terms of any settlement offer under this subsection may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim.

7. Requirement of Individualized Relief

The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

Unless both you and we agree otherwise the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class, collective, consolidated, or representative proceeding.

Notwithstanding the foregoing, and only to the extent required by applicable law, if a claim is asserted that includes a request for public injunctive relief, the parties agree that all other issues shall be resolved in arbitration first, with the request for public injunctive relief decided afterward by a court of competent jurisdiction bound by the arbitrator’s findings of fact and conclusions of law to the fullest extent permitted by law.

8. Mass Filing

If, at any time, 25 or more claimants (including you or Future Fortified Technologies) submit Mandatory Pre-Arbitration Notices or seek to file demands for arbitration raising similar claims against the other party or related parties by the same or coordinated counsel or entities, the additional procedures set forth below shall apply.

The parties agree that throughout this process, their counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. Applicable limitations periods and filing-fee deadlines shall be tolled beginning when the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are initiated, so long as the Notice complies with the requirements of this Section, until a claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.

Stage One. Counsel for the parties shall each select 10 claims per side (20 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Outcomes of Stage One arbitrations shall have no precedential or binding effect on remaining claims, which shall not be filed or deemed filed, nor incur arbitration fees, until selected for a later stage.

Stage Two. After the Stage One arbitrations are completed (or sooner by agreement), the remaining parties must engage in a single global mediation of all remaining claims, with the mediator’s fee paid by Future Fortified Technologies. The parties must agree on a mediator within 30 days after the conclusion of the last Stage One arbitration, or the arbitration service provider will appoint one.

Stage Three. If the Stage Two mediation does not resolve all remaining claims, the arbitration requirement in this Section will no longer apply to any party with an unresolved claim for which a timely and compliant Mandatory Pre-Arbitration Notice was submitted and who completed the Informal Dispute Resolution Procedures. Such a party must pursue its claim in court, individually or as part of a joint or consolidated action limited to claimants who timely completed the procedures above.

A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees.

9. Opt Out

You have the right to opt out of the arbitration requirements of this Section by sending written notice of your decision to opt out to [email protected] within 30 days of first agreeing to these Terms. Such notice must include (i) the name of the person opting out; (ii) their contact information (including email address, mailing address, and telephone number); and (iii) a statement that you wish to opt out of the requirement to arbitrate and instead agree to resolve claims in court. If you do not timely send such notice, you agree to be bound by this Section’s arbitration requirements.

10. Severability

If any portion of this Section is found to be unenforceable or unlawful for any reason: (i) the unenforceable or unlawful provision shall be severed from these Terms; (ii) severance shall have no impact on the remainder of this Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis; and (iii) to the extent any claims must proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

B. Class Action Waiver

You and Future Fortified Technologies agree that, to the fullest extent permitted by law, each party may bring claims (whether in court or in arbitration) against the other only in an individual capacity, and not as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. This means that you and Future Fortified Technologies may not bring a claim on behalf of a class or group, or on behalf of any other person, except as a parent, guardian, or ward of a minor or in a similarly authorized capacity. This also means that you and Future Fortified Technologies may not participate in any class, collective, consolidated, private attorney general, or representative proceeding brought by any third party. Notwithstanding the foregoing, you or Future Fortified Technologies may participate in a class settlement. To the fullest extent permitted by law, you and Future Fortified Technologies waive any right to a jury trial.

XIX. INFORMATION AND COMPLAINTS

If you have a question or complaint regarding the Products or Services, please send an e-mail to [email protected]. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. Florida residents may reach the Florida Department of Agriculture and Consumer Services, Division of Consumer Services, by mail at 2005 Apalachee Parkway, Tallahassee, FL 32399, or by telephone at 1-800-435-7352.

XX. GENERAL

A. Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Future Fortified Technologies without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

B. Notification Procedures and Changes to the Agreement

Future Fortified Technologies may provide notifications, whether required by law or for marketing or other business purposes, to you via email notice, written or hard copy notice, or through posting on our website or mobile application, as determined by Future Fortified Technologies in our sole discretion or as required by applicable law. In order for us to send you notifications by email, you must ensure your account has an updated email address. You can add or update your email address by accessing Settings – Account – Edit Email Address within the Zero Notice App. We reserve the right to determine the form and means of providing notifications to our Members, provided that you may opt out of certain means of notification as described in this Agreement. Future Fortified Technologies is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to your provided email address. We may modify or update this Agreement from time to time to reflect changes to our Services or how we do business, for legal, regulatory, or security reasons, or to prevent abuse or harm. Your continued use of the Services after any such change constitutes your acceptance of the updated Agreement. If you do not agree to these terms or any future Agreement, do not use or access (or continue to access) the Services. You can also end your relationship with us at any time by closing your account (see Section X, Cancel Your Paid Membership or Delete Your Account).

C. Entire Agreement/Severability

This Agreement, together with any amendments and any additional agreements you may enter into with Future Fortified Technologies in connection with the Products and Services (including all supplemental terms referenced herein), constitutes the entire agreement between you and Future Fortified Technologies concerning the Products and Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

D. No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Future Fortified Technologies’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

E. Third-Party Trademarks

Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Google Play, the Google Play logo, and Android are trademarks of Google LLC. All other trademarks and trade names are the property of their respective owners.

F. Contact Information

Please contact us at [email protected] with any questions regarding this Agreement.

Future Fortified Technologies maintains an office address at:

4923 W Cypress Street Tampa, FL 33607 United States

Future Fortified Technologies’ outside legal counsel is:

Shumaker, Loop & Kendrick, LLP 240 South Pineapple Avenue Sarasota, FL 34236 United States

G. Language

You and Future Fortified Technologies have each expressly requested and required that this Agreement and all documents that relate hereto be drawn up in the English language, and that the English-language version of this Agreement shall prevail in the case of any discrepancies between it and a version in any other language.

XXI. PREVIOUS TERMS

If you would like to review a prior version of these Terms of Service, please contact us at [email protected] and we will provide the version you are requesting.