These Terms of Use (“Terms of Use”) govern your (“You”, “Your”, “Customer”, “Reseller”, “Partner”) use of the Olarm Service(s) provided by Olarm (Pty) Ltd. (“Olarm”, “Company”, “We”, “Our” or “Us”) including, without limitation, any browser-based functionality or access facilitated through or on such Olarm Website (the “Site”) at at https://olarm.com, the Olarm Mobile Application (the “Mobile App”) made available by Olarm directly to Customers, or the Olarm User Management and Device Monitoring Application (the “Command Center”) and these Terms of Use constitute a binding agreement between you and the Company. The functionality made available via the Site, Mobile App and Command Center are collectively referred to as the “Service(s)” which is owned and run by Olarm for the purpose of providing information about Olarm Products and enablers, as well as providing a service that connects to the Olarm backend that allows control of IoT (internet of things) devices, including CCTV enablers, features and capabilities, Device and User Management and other applications and compatible Olarm use cases. The terms "You", “Your”, “Customer”, “Reseller” and “Partner” refer to the user of the Service(s) accepting these terms through use of the Service(s). If your use of the Service(s) is on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such legal entity to these Terms of Use in connection with your use of the Service(s). By using any aspects of the Service(s), you agree to be bound by these Terms of Use. Additionally, when using any particular component(s) of the Service(s), you agree to be subject to any posted guidelines or rules applicable to such Service(s) which may be posted and modified from time to time and published at https://olarm.com or as per updated training content at https://olarm.com/olarm-academy or any other channel deemed effective (the “communication channels”). All such guidelines or rules are hereby incorporated by reference into these Terms of Use and constitute part of these terms. Olarm may also offer other services that are governed by different terms of use or service. In such cases the other terms of use or service will be posted on the relevant site, communication channels or forum to which these other services apply. We may update or change these Terms of Use from time to time with or without notice to you, and it is your responsibility to check back often and monitor any such changes and to 1 OLARM SERVICE(S) - TERMS AND CONDITIONS discontinue use of the Service(s) if you do not agree with the most up to date Terms of Use. You may use the Service(s) (or any part thereof) only in accordance with the terms and conditions hereunder. Please note that your use of Olarm’s service and/or product offerings may be governed by separate definitive agreements. These Terms govern only your access to and use of the Service(s) and do not override or nullify the Services Agreements, which remains in full force and effect in relation to your use of Olarm’s Service(s). To the extent there is an inconsistency between these Terms and any Services Agreement, these Terms will prevail solely in relation to your use of and access to the Service(s).

1. ACCEPTANCE OF THE TERMS

By visiting, accessing and/or using the Service(s), you agree to be bound by these terms and the terms of the Privacy Policy available at https://olarm.com/legal/privacy-policy (the “Website Privacy Policy”, and collectively - the “Terms”). The Service(s) (or any part thereof) is not allowed for use by individuals who are under the age of eighteen (18) years old. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICE (OR ANY PART THEREOF).

2. CUSTOMER ACCOUNT

2.1 You agree and guarantee that the Customer name and password you use to log into the Service(s) is for your personal use only and will not be passed on to any third party. You allow Olarm to take all steps reasonably possible to ensure the integrity and security of the Service(s). You will immediately notify Olarm in writing of any unauthorised use of your account, or other account related security breach of which you are aware. You will not create an account for an entity unless you are expressly authorised to do so on behalf of that entity.

2.2 Notwithstanding clause 2.1, if your use of the Service(s) is accompanied with instructions from your customer for IO Control Management (the “mandate”) in addition to general Armed Response Monitoring, you represent and warrant that you have received the authority from your customer to execute the mandate. You understand and accept that many risks are associated with the mandate and as such, there is no guarantee that the execution of your customer’s mandate won’t result in a loss. You and your customer hold Olarm harmless resulting from any/all such loss should it arise.

3. PRODUCT OFFERING

It should be noted that the Service(s), together with the Olarm Product Offerings, including IoT and smart alarm hardware, (hereinafter 'the Olarm Device(s)') have been sold to the Customer by an authorised Olarm Reseller, Distributor or Retailer. In terms of a Reseller Agreement between the authorised Olarm Reseller and Olarm, the authorised Olarm Partner will be responsible for the installation of the Olarm Device at the Customer premises and, in some instances, the invoicing and collection of the monthly subscription fees from the Customer. The Service(s), however, will always be provided directly by Olarm to the Customer unless otherwise stated and/or agreed upon. In the event that the Reseller Agreement between Olarm and the authorised Olarm Reseller is terminated, for whatsoever reason while this Agreement is still effective, Olarm reserves the right to, where required, replace the Reseller with another Reseller or to take over the relevant invoicing and collection of the subscription fees.

4. OLARM DEVICE USER WITH THE SERVICE(S)

It should be noted by the Customer that in terms of the Reseller Agreement between Olarm and the authorised Olarm Reseller, the authorised Olarm Reseller shall - (i) be responsible for the initial installation of the Olarm Device at the Customer premises, the cost of the installation to be invoiced by the authorised Olarm Reseller and to be for the Customer's account; and (ii) at all times be responsible for the actions of its employees, representatives, agents and suppliers, if any, while such persons are tending to the installation of the Olarm Device at the Customer premises and the said responsibility shall extend, irrespective of whether or not such acts of employees, representatives, agents and suppliers fall within the scope and course of their employment with the authorised Olarm Reseller.

5. PAYMENT OF SUBSCRIPTION FEES

In consideration for the Services rendered, the Customer shall pay Olarm or the authorised Olarm Reseller, as the case may be, a recurring subscription fee in advance, as specified on the invoice raised by Olarm or the authorised Olarm Reseller. Payment of these fees, if invoiced by Olarm, is to be made by way of a credit card payment. Credit card transactions will be processed for Olarm via its nominated PCI compliant payment processor. No credit card data is stored by Olarm in their systems. Olarm may deny or restrict access to any or all Services should the Customer or Reseller fail to pay the agreed fee within 15 (fifteen) days of it becoming due, in which event the Customer may have unlimited will be unable to access the Services until such time as the outstanding fees are paid. Prices of all Services are subject to change upon 30 days’ notice from Olarm. Such notice may be provided at any time. Olarm does not provide refunds or credits.

6. PRIVACY POLICY

We respect your privacy and are committed to protect the personal information you share with us in connection with the Service(s). Our policy and practices regarding how we use your personal information and the type of information collected by us are described in our Privacy Policy at https://www.olarm.co/privacy-policy. If you intend to connect to, access or use the Service(s) you must first read and agree to the Privacy Policy. For the avoidance of doubt, the Privacy Policy applies only to your use of the Service(s). Use of the Service(s) is governed by the terms, including privacy related terms. If you wish to receive information about our product offerings, you may receive such information via the Partner Directory on the Site. Receiving any further information may require you to provide to us your email address, first and last name, and contact number. To learn more about how we may use the information you provide us when requesting a demo or contacting us, please review our Privacy Policy at https://www.olarm.co/privacy-policy. Please note that you are solely responsible for the correctness, completeness and accuracy of the information you provide us.

7. CCTV

CCTV devices for the purpose of these Terms refers to compatible cameras and other devices that produce live and archived video, audio and other recordings which can integrate with the Olarm Product(s) for monitoring, transmission and controlling purposes, for use in a defined zone. By virtue of Your use of the Service(s) with respect to CCTV device features and capabilities, you shall comply with all applicable local laws governing the placement, presence, operation and use of any/all CCTV devices and shall fully and conspicuously notify persons in or around the premises, whether by use of legible signs or other approved communications, that their activities may be recorded. Additionally, You shall provide any other disclosure that may be required by applicable law. You shall indemnify, and at Your own cost and expense, hold harmless Olarm and any Olarm associated parties from and against any and all damages, liabilities and costs or expenses of any kind growing out of or by reason of any such recordings, the release, reproduction, circulation, publication or employment of any such recordings, any violation of any law in connection therewith by anyone and any breach on Your behalf, including but not limited to causes of action for personal injury, violation of privacy, false arrest or imprisonment and malicious prosecution.

8. OPEN BETA

The features, capabilities and enablers of the Service(s) are considered Generally Available. However, in order to improve consumer experience, Olarm may conduct open beta testing, from time to time and at its sole discretion, in order to test Olarm Product features and functionalities.

9. DATA STORAGE

Olarm will store pertinent Customer data on the Service(s), where applicable, and will maintain regular daily backups, while the Customer remains an active Customer. Olarm is not responsible or liable for the deletion or failure to store Customer Data or the loss thereof due to technical failure beyond the control of Olarm or the Service(s). Olarm is committed to ensuring that the privacy of their Customers is protected and utilises industry standard security protocols when storing the Customer Data. Olarm shall reasonably endeavour to ensure that no Customer Data is accessed in an unauthorised manner for the duration of the Agreement. Olarm shall promptly inform the Customer if any Customer Data has been accessed in an unauthorised manner or if Olarm suspects that such access has occurred. Olarm reserves the right to archive Customer Data after a period of 1 (one) month. Olarm shall ensure that any Customer Data stored in off-site archives is securely stored and not accessible by third parties including, where applicable, the use of strong encryption and physical restrictions to prevent unauthorised access. The Customer Data remains the property of the Customer (the “Controller”) and we will not use nor make available for use any of this information without the Customer permission. Olarm may, however, view the Customer data only as necessary (i) to maintain, provide and improve the Service(s); (ii) to resolve a support request from you; or (iii) to comply with a valid legal subpoena or request. We may also analyse the Customer data in aggregate and on an anonymised basis, in order to better understand the manner in which our Service(s) are being used.

10. MINORS

You may use the Service(s) only if you are at least eighteen (18) years old. If you are under the age of eighteen (18) or under the legal age to form a binding contract in the jurisdiction in which you are located, you may only use the Service under the supervision of a parent or legal guardian who has agreed to stand behind any agreement you enter into while using the Service, including these Terms.

11. USER REPRESENTATIONS AND UNDERTAKINGS

Your use of the Service(s) (or any part thereof) is dependent on the fact that you hereby represent, warrant and covenant that: (i) you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Service(s) in accordance with these Terms, and to fully perform your obligations hereunder; (ii) If you connect to, access or use the Service(s) on behalf of an entity or any third party, you are duly authorized under any applicable law to represent such entity or third party in connection with these Terms and to commit it to be bound by these Terms, and hereby make all representations and warranties herein on both your and its behalf; and (iii) You will comply with, and are solely responsible for complying with, applicable laws regarding access to and use of the Service(s), including data protection and privacy laws and regulations, and any industry guidelines and policies applicable to you and/or your use of the Service(s).

12. USE RESTRICTIONS

There are certain conducts which are strictly prohibited on and/or with respect to the Service(s). Please read the following restrictions carefully. Your failure to comply with the provisions hereunder may result (at Olarm’s sole discretion) in the termination or suspension of your access to the Service(s) and may also expose you to civil and/or criminal liability. You may not, whether by yourself or anyone on your behalf, and you may not permit anyone to: (i) copy, modify, create derivative works of, reverse engineer, adapt, alter, emulate, translate, compile, decompile or disassemble the Service(s) or the Service(s) content and assets, including any information, material, contact information, data, designs, and graphic user interface available thereon (collectively, the “Content”) in any way, or publicly display, perform, reproduce, distribute or otherwise use the Content, without Olarm’s prior written consent; (ii) make any use of the Content for any purpose including on any other website, networked computer environment or site, without Olarm’s prior written consent; create a browser or border environment around the Service(s) and/or Content, link, including in-line linking, to elements, features, API endpoints of the Service(s), such as resources, images, text and videos, and/or frame or mirror any part of the Service(s), unless as expressly permitted hereunder; (iii) interfere with or violate any other User’s privacy rights, intellectual property rights, or other rights, or harvest or collect personally identifiable information about visitors or users of the Service(s), including using any robot, spider, crawler, web scraping, site search or retrieval application, app tracking, or other manual or automatic device or process to retrieve, index, or data-mine; (iv) use and/or display the Service(s) (or any part thereof) or any Olarm’s Trademarks or Third Party Marks on and/or with respect to any other business and/or website and/or app, which in itself and/or which contains any information or content that may be considered as abusive, harassing, threatening, inciting hatred, encouraging or facilitating antisocial behavior, promoting the tobacco industry or the armaments industry, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable, offensive and/or violating in any way the legal rights of others, and/or where presence of the Content or any reference to Olarm and/or the Site might be perceived as damaging to Olarm’s reputation and goodwill or actually bring Olarm into disrepute; (v) transmit, distribute, display or otherwise make available through or in connection with the Service(s) any content/assets, which may infringe third party rights, including Intellectual Property rights and privacy rights, or which may contain any unlawful content; (vi) impersonate any person or entity or provide false information on the Service, whether directly or indirectly; (vii) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Olarm or any third party endorses you, your business, site, channels and/or any statement you make, or present false or inaccurate information about and/or through the Service(s) whether directly or indirectly; (viii) transmit or otherwise make available in connection with the Service(s), and/or use the Service(s) to design, develop, distribute and/or otherwise transmit any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, security or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (viv) interfere with or disrupt the operation of the Service(s), or the servers or networks that host the Service(s) or make the Service(s) available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (x) use the Service(s) or any information or Content obtained or learned from the Service(s) for and/or in connection with any form of spam, unsolicited mail or similar conduct; (xi) create a database by systematically downloading and storing all or any of the Content, or forward any data generated from the Service(s) without the prior written consent of Olarm; (xii) bypass any measures which may be used to prevent or restrict access to the Service(s) or any part or section thereof; (xiii) transfer or assign any rights or obligations under these Terms, even temporarily, to a third party; (xiv) use the Content and/or the Service(s) for any illegal, immoral or unauthorized purpose; or (xv) use, sell, license or exploit the Service(s) and/or the Content for non-personal or commercial purposes without Olarm’s prior express written authorization.

13. INTELLECTUAL PROPERTY

The Service(s) and/or content, assets, features, capabilities, any derivatives thereof, modifications, enhancements, improvements and/or upgrades thereto, and all intellectual property rights pertaining thereto, including, without limitation, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Service(s) and any part thereof), specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), are owned by Olarm and/or used with permission or under license from a third party (the “Owner), and are subject to copyright and other applicable intellectual property rights under applicable laws and international conventions. As between Olarm and you, all right, title and interest in and to the Intellectual Property will, at all times, remain with Olarm and/or its Owners. These Terms do not convey to you any interest in or to the Service(s) (or any part thereof), but only a limited license of use in accordance with the License granted hereunder. Nothing in these Terms constitutes a waiver of Olarm’s Intellectual Property rights under any law. “Olarm” and all logos, marks and other proprietary identifiers used by Olarm in connection with the Service(s) (“Olarm Trademarks”) are all trademarks and/or trade names of Olarm, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on or with respect to the Service(s), belong to their respective owners (“Third Party Marks”). No right, license, or interest to Olarm Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to Olarm Trademarks or the Third Party Marks and therefore you will avoid using any of those marks, unless expressly permitted herein. You are hereby prohibited from removing or deleting any Olarm Trademarks, Third Party Marks and/or all copyright notices, restrictions and signs indicating proprietary rights of Olarm and/or its licensors, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Service(s), and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of Olarm’s Trademarks or Third Party Marks. In the event you provide Olarm with any suggestions, comments or other feedback (“Feedback”) relating to the Service(s), Content or any part thereof, Olarm shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Olarm current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. You further warrant that your Feedback is not subject to any license terms that would require Olarm to comply with any additional obligations with respect to any of its current or future products, technologies or services that incorporate any Feedback.

14. USER MISCONDUCT

We care for your safety. If you believe a user of any of our Service(s) acted inappropriately, including through any illegal, offensive, violent or explicitly inappropriate behavior, please immediately report such user to the appropriate authorities and to us; provided your report will not incur any liability upon Olarm. Olarm’s email address for reporting any misconduct is specified below: Email: support@olarm.co.za

15. INTELLECTUAL PROPERTY

All content, trademarks and data on the Service(s), including but not limited to software, databases, text, graphics, icons, links, private information, designs and agreements, are the property of or under license of Olarm. As such they are protected by local and international legislation and agreements.

16. OWNER CONTENT, USER CONTENT AND INTELLECTUAL PROPERTY

The Service(s) may include Content and Intellectual Property that has been provided, posted and made available by third party Owners. Such Content is provided for informational purposes only. We are not responsible for, and do not endorse, such Owner or its Content. All Intellectual Property of the Owners are and remain the property of the respective Owner. Additionally, some parts of the Service(s) may enable you to upload, publish, post and/or make available through the Service(s) certain content or materials, including images and video/CCTV feeds (“User Content”). The User Content may be visible to and accessed by other Users of the Service(s). You represent that you have all rights, licenses, consents and/or permissions to post the User Content and that you shall not post any User Content that you do not have the right or appropriate permission to upload or post. You expressly agree that the User Content that you post or upload will not include content or information that is, inter alia: (i) confidential or that is not in the public domain; (ii) unlawful, defamatory, discriminatory, libelous, harassing, offensive, indecent, pornographic, abusive, fraudulent, threatening or vulgar; and/or (iii) infringing of any third party's intellectual property rights, privacy rights or other rights. You hereby warrant that your User Content is true, current, accurate and complete. You shall retain ownership over your User Content unless otherwise specifically stated. You hereby grant Olarm a non-exclusive, irrevocable, royalty-free, perpetual, transferable, assignable, fully sub-licensable and worldwide (including following your use of the Service(s) license to use, copy, post, transmit, reproduce, publish, display, publicly perform, modify, and create derivative works of, your User Content. Although Olarm has no obligation to screen, edit or monitor any of the User Content, Olarm’s explicitly reserves the right, at its sole discretion, to remove or edit, without giving any prior notice, any User Content available on the Service(s) at any time and for any reason. Olarm’s takes no responsibility and assumes no liability for any User Content or for any loss or damage thereto.

17. THIRD PARTY COMPONENTS

The Service(s) may utilize or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the Service(s) is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail only in connection with the related Third Party Components. You acknowledge that Olarm is not the author, owner or licensor of any Third Party Components, and that Olarm makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Site or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source” or “publicly available” software.

18. THIRD PARTY SITES

The Service(s) may link or direct to third party websites, advertisements and/or any third party services (collectively, “Third Party Sites”). You hereby acknowledge that Olarm has no control over such Third Party Sites, and you further acknowledge and agree that Olarm is not responsible for the availability of Third Party Sites, and does not endorse and is not responsible or liable for any service, content, advertisements, products, or any materials available on and/or through such Third Party Sites. You further acknowledge and agree that Olarm shall not be responsible or liable, directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused, by or in connection with use of, or reliance on, any such service, content, products or other materials available on or through any Third Party Sites. Most Third Party Sites provide legal documents, including terms of use and privacy policy, governing the use of each such Third Party Sites. It is advisable and we encourage you to read these legal documents carefully before using any such Third Party Sites.

19. CONSENT TO RECEIVE DIRECT MARKETING

By submitting your details via the Service(s), you hereby give consent to Olarm permission to process your personal information as provided, for the purposes of direct marketing by means of electronic communication in respect of information and communications with respect to security and IoT technology-related goods and services. You understand that your data will be used solely for the purposes for which it was provided, including any/all legitimate purposes for processing personal information and you understand that you can at any time unsubscribe from direct marketing, should you choose to do so, through the Olarm email support@olarm.co.za or provided to you in email mailers or when when submitting data to Olarm.

20. DISCLAIMER AND WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND OLARM DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OLARM FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SERVICE(S) OR ANY PART THEREOF WILL ALWAYS BE AVAILABLE, ACCESSIBLE, FUNCTIONAL, UNINTERRUPTED, SECURE, ACCURATE, COMPLETE AND ERROR-FREE. FURTHERMORE, OLARM DOES NOT ENDORSE ANY ENTITY, PRODUCT OR WEBSITE MENTIONED ON THE SERVICE(S). OLARM FURTHER DISCLAIMS ANY AND ALL WARRANTIES IN RELATION TO THE ACCURACY, CORRECTNESS AND COMPLETENESS OF THE CONTENT AVAILABLE ON THE SERVICE(S). YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICE(S) IS ENTIRELY, OR TO THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK. FURTHER, OLARM WARRANTS TO THE CUSTOMER (I) THAT IT HAS THE LEGAL RIGHT AND AUTHORITY TO ENTER INTO AND PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT, (II) THAT IT WILL PERFORM ITS OBLIGATIONS UNDER THE AGREEMENT IN A PROFESSIONAL AND WORKMANLIKE MANNER WITH REASONABLE CARE AND SKILL AND IN ACCORDANCE WITH HIGHEST INDUSTRY STANDARDS, AND (III) THAT IT WILL COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS IN CONNECTION WITH THE PROVISION OF THE SERVICES. 12 OLARM SERVICE(S) - TERMS AND CONDITIONS

21. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL OLARM AND/OR ANY OF THE OLARM AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM OR ARISING OUT OF THE SERVICE(S) OR ANY PART THEREOF, USE OR INABILITY TO USE THE SERVICE(S) OR ANY PART THEREOF, FAILURE OF THE SERVICE(S) OR ANY PART THEREOF TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL OR PROFITS, WHETHER SUCH CLAIM IS BASED IN CONTRACT, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE AND EVEN IF OLARM AND/OR ANY OLARM AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES AND/OR DAMAGES. WITHOUT DEROGATING FROM THE FOREGOING, IN NO EVENT SHALL OLARM’S LIABILITY UNDER, ARISING OUT OF OR RELATING TO THE SERVICE(S) (OR ANY PART THEREOF) AND/OR THESE TERMS, EXCEED 0.00 ZAR.

22. PERSONAL INFORMATION

Olarm is a responsible party for purposes of the processing of Personal Information in the course of rendering the Services, as provided for by the Protection of Personal Information Act of 2013 (‘’POPIA') and, where applicable, the General Data Protection Regulation (EU 2016/679) ("GDPR"), which includes the retained EU version of GDPR as it forms part of the law of the United Kingdom, and any other applicable data protection legislation and/or regulation (collectively, the “Data Protection Laws"). Olarm conforms to POPIA and GDPR in terms of the collection, use and retention of Personal Information. In this regard, please refer to the Olarm Privacy Policy, which can be found at: https://www.olarm.co/privacy-policy.

23. INDEMNIFICATION

You shall defend, indemnify and hold harmless Olarm and any Olarm Affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Service(s); (ii) your violation of any term of these Terms; (iii) your (including your users’) violation of any third party rights, including any intellectual property rights or privacy right of such third party; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you (or any of your users) may cause to any third party with relation to the Service(s). Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to indemnification by you without first obtaining our prior express written approval.

24. AMENDMENTS TO THE TERMS

Olarm may change the Terms from time to time, at its sole discretion and without any notice, including the Privacy Policy, or any other policies incorporated thereto. Material changes will be notified on the Service(s) from time to time. Such material will take effect shortly after such notice was provided via any of the above mentioned methods. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Service(s) after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. Please note that in the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect even immediately, or as required by the law and without any prior notice.

25. CHANGES AND TERMINATION OF THE SERVICE

Olarm reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Service(s) (or any part thereof), and/or block, limit, suspend or terminate your access to the Service(s), for any reason and at its sole discretion, in addition to any other remedies that may be available to Olarm under any applicable law. In addition, you hereby acknowledge and agree that the Content provided through the Service(s) may be changed, extended in terms of content and form or removed at any time without any notice nor any responsibility or liability to you or any third party. You agree and acknowledge that Olarm does not assume any responsibility with respect to, or in connection with the termination of the Service(s) operation and loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Term.

26. ARBITRATION

In the event of any dispute or difference arising between the Parties hereto relating to or arising out of these terms, including the implementation, execution, interpretation, rectification, termination or cancellation of this terms and conditions, the Parties shall forthwith meet to attempt to settle such dispute or difference, and failing such settlement within a period of sixty (60) days, the said dispute or difference may be submitted to arbitration on an informal basis in accordance with the provisions of the Arbitration Foundation of Southern Africa, which arbitration proceedings shall be held in Cape Town or such other place as the Parties may agree.

27. NOTICES

The Customer agrees that Olarm may provide notice to the Customer by sending it to the email address associated with the Customer’s registered account, via text message or in-app notification. All notices to Olarm must be sent to the following email address: support@olarm.co.za

28. GENERAL

(i) These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Olarm and you. (ii) These Terms, and the rights and remedies provided hereunder, and any and all claims, disputes and controversies arising hereunder or related hereto and/or to the Service(s), their interpretation, or the breach, termination or validity thereof, the relationships which result from these Terms, or any related purchase shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the laws of the Republic of South Africa without reference to its conflict-of-laws principles, and shall be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts in Cape Town, South Africa. (iii) Olarm may assign its rights and obligations hereunder and/or transfer ownership rights and title in the Service(s) to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Olarm. Any attempted or actual assignment thereof without Olarm prior explicit and written consent will be null and void. (iv) If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. (v) No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. (vi) Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. (vii) These Terms constitute the entire terms and conditions between you and Olarm relating to the subject matter herein and supersedes any and all prior agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Olarm and you, including, without limitation, those made by or between any of our respective representatives, with respect to the Service(s), excluding any written agreements executed by both Olarm and you. You agree that you will make no claim at any time or place that these Terms have been orally altered or modified or otherwise changed by oral communication of any kind. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Olarm in entering into these Terms. (viii) The parties agree that all correspondence relating to these Terms shall be written in the English language.

29. CONTACT

If you have any questions or comments concerning these Terms, you are welcome to send us an e-mail to: support@olarm.co.za