Terms and Conditions

By activating, using, or paying for any Troomi products or services (“Troomi Service(s)” or “Service(s)”), you agree to be bound by this Troomi Terms and Conditions Agreement (“Agreement”). If you don’t agree, please contact us immediately to cancel your order and/or service and return any products. You may contact us at [email protected].

Please read this Agreement carefully, the Agreement requires you to provide consent for certain activities, governs how we handle your information (including information related to your Troomi account and your location), and also limits Troomi’s liability. The Agreement covers important information about any access and usage charges, taxes, fees, assessments, and other charges we bill you or that were accepted or processed through your Device (“Charges”).

You represent that you are at least the age of majority in your state of residence and you are legally authorized to enter into this Agreement.

WE RESERVE THE RIGHT TO CHANGE OR MODIFY THESE TERMS, OUR SERVICES, DISCOUNTS, TECHNOLOGIES (INCLUDING CHANGES TO OUR NETWORK THAT MAY IMPACT YOUR DEVICE’S COMPATIBILITY), COVERAGE, OR ANY OTHER TERMS IN THE AGREEMENT AT ANY TIME AND YOU AGREE TO BE BOUND BY ALL SUCH CHANGES OR MODIFICATIONS ON THE EARLIER OF WHEN WE (i) POST THEM ON THE TROOMI WEBSITE, OR (ii) SEND THEM TO YOU (ELECTRONICALLY OR OTHERWISE). BECAUSE THESE TERMS ARE SUBJECT TO CHANGE AT ANY TIME, YOU SHOULD ALWAYS CHECK THE TROOMI WEBSITE FOR THE MOST CURRENT VERSION. THE MOST CURREN VERSION CAN BE FOUND IN THE FOOTER OF TROOMI.COM.

IF WE CHANGE THE SERVICE FEE APPLICABLE TO YOUR SERVICE PLAN, YOU WILL HAVE 5 DAYS FROM THE DATE WE POST OR NOTIFY YOU OF THE REVISED SERVICE FEE TO TERMINATE YOUR SERVICE PLAN BY (i) CONTACTING OUR CUSTOMER SERVICE DEPARTMENT AT 866-545-4222, OR (ii) MANAGING YOUR ACCOUNT PREFERENCES ON THE TROOMI WIRELESS PARENT PORTAL WEBSITE.

IF YOU FAIL TO CANCEL YOUR SERVICE PLAN WITHIN THE 5 DAY PERIOD, YOU WILL BE DEEMED TO HAVE ACCEPTED THE RATE INCREASE. ANY CHANGES IN TAXES, REGULATORY FEES, COMPLIANCE OR ASSESSMENTS WILL NOT BE CONSIDERED AN INCREASE IN ANY SERVICE FEE AND WILL NOT ENTITLE YOU TO EXERCISE THE FOREGOING CANCELLATION RIGHT. WE ARE NOT LIABLE TO YOU FOR CHANGES IN OPERATION, EQUIPMENT, OR TECHNOLOGY (INCLUDING THE CARRIER NETWORK) THAT CAUSE YOUR DEVICE TO BE RENDERED OBSOLETE OR REQUIRE MODIFICATION.

If you have any ADA-related limitations or questions regarding Troomi’s features, functionality, or need assistance with making a purchase, please contact our Helpdesk at (866) 545-4222. Our team is ready to assist you.

1.1 The Troomi Agreement

Troomi offers many products and services. This Agreement includes a set of universal terms (“General Terms”) and specific Service terms (“Service Terms”). You’re bound by the General Terms and the Service Terms for each Troomi Service you purchase or use. In addition, your Agreement incorporates (i) our website Terms of Use located at https://troomi.com/website-terms-of-use/, (ii) our Privacy Notice located at https://troomi.com/privacy-policy/, (iii) our Acceptable Use Policy located at https://troomi.com/acceptable-use/, and any other documents or terms specifically referenced in the applicable General Terms and Service Terms. In the event of a conflict between the General Terms and the applicable Service Terms, the Service Terms will govern our relationship with you.

1.2 Your Troomi Account and Account Access

You may need to set up one or more accounts (“Troomi Account(s)” or “Account(s)”) in order to purchase or use Troomi Services. You must ensure that any information you provide to us in connection with your Troomi Accounts and Troomi Services, including contact information and billing information, is accurate and current.

You’re responsible for any activity that occurs on or through your Troomi Accounts. We do not guarantee the security of your Troomi Accounts. You must ensure that your Account information and password(s) for accessing your Accounts and personal information are secure. If you learn of any unauthorized use of any Troomi Account, please contact us immediately.

You agree that all users of your Troomi Services (including minors), are subject to the limitations and obligations of this Agreement, including its privacy policy. It’s your duty to inform them of their limitations and obligations and to provide this Agreement to them.

You may designate individuals (such as family members) to act on your behalf (“Authorized Users”). Authorized Users can manage your Troomi Accounts, including changing or adding Services. You’re responsible for all actions and changes made by any Authorized Users, including purchases of products and additional Troomi Services.

Troomi Wireless Service may only be used with a Device provided by Troomi that is designed and purchased for use exclusively on Troomi’s wireless network (a “Device”). Using a Troomi SIM card in another device is prohibited and will result in the immediate termination of that SIM card. If you install a Troomi SIM card in a non-Troomi device, you will be liable for all charges incurred while the Troomi SIM card is in the non-Troomi device.

1.3 Notices and Customer Communications

You agree that Troomi and its current and future affiliates, assignees, successors, employees, agents, and others acting or purporting to act on our behalf (for example, outside collection agencies), can contact you regarding your Accounts, your Troomi Services, and additional products and services that we or third parties may offer, using any means or method (including by phone, mail, email, text message (such as SMS/MMS), chat (such as RCS), push notifications, or other medium), as well as by including messages with bills for your Troomi Services.

You agree that notices provided to you using any of these methods are considered received by you. You agree to provide accurate, current contact information about yourself, that you have authority to consent to communications to any phone numbers or email addresses you provide, and that you will promptly notify us if your contact information has changed.

You also agree that Troomi and its current and future affiliates, assignees, successors, employees, agents, and others acting or purporting to act on our behalf (for example, outside collection agencies) can at any time send you email or other electronic messages to any phone number or email address associated with your Troomi Services by any means, including an automated system that sends preset messages.

You further agree that any calls or messages sent to numbers or email addresses you provide to Troomi or its current and future affiliates, assignees, successors, employees, agents, and others acting or purporting to act on our behalf (for example, outside collection agencies), or to numbers or email addresses associated with your Troomi Services, may be sent using an automatic telephone dialing system, artificial or prerecorded voices, or other automated dialing equipment such as a predictive dialer, and that you cannot revoke your consent to be contacted in this manner.

Please review your bill for messages. We will send important messages to you through bill messages. Through electronic billing, you are considered to have received these notices once your electronic bill is available for viewing.

Communications to you may include, but are not limited to, emergency alerts, updates to this Agreement, communications regarding payments or past-due balances, and information concerning promotions regarding any Troomi Services or products or services offered by our third-party partners. You are not required to agree to receive promotional communications to purchase any Troomi Services. You can unsubscribe from promotional emails, calls, or messages by following the unsubscribe options in the promotional communication itself or in the Troomi Privacy Notice.

Notices from us to you are considered delivered when we deliver them to your Device by text message or voice, or by email to any email address you provide to us.

1.4 Termination or Suspension of Troomi Services

You may cancel or terminate any of your Troomi Services at any time. If you cancel a Troomi Service: (i) You might lose any discounts you obtained from bundling Troomi Services together; (ii) If you have an active installment plan for Devices or accessories associated with the cancelled Troomi Services, your agreement for that installment plan might specify that your termination of Troomi Service is a default that triggers acceleration of the remaining installment plan payments; and (iii) some Troomi Services may not work (or work the same way) after the cancellation of a bundled service.

Troomi reserves the right to modify, suspend, or discontinue any function or feature of any Troomi Service, including your rates or charges, or to terminate your Troomi Service entirely, for any reason, including but not limited to: (i) Compliance with an order by a state or federal agency, court, or arbitrator; (ii) any interruption or loss of either your or Troomi’s rights to access any part of the network facilities required to provide your services, including rights to access the land or buildings where the facilities are located; or (iii) Any misconduct by you or any user of your Troomi Account or Device.

“Misconduct” includes but is not limited to: (i) Any conduct that we believe violates this Agreement or Troomi’s Acceptable Use Policy; (ii) Any conduct that involves the use of abusive, threatening, or unreasonable conduct toward any of our employees or representatives, whether in person, over the phone, or in writing; (iii) Any abusive, fraudulent, or unlawful use of any Troomi Services; (iii) Providing us with false or misleading information about you, users of your Troomi Services, or use of Troomi Services, including inaccurate information related to your creditworthiness; (iv) Any use of Troomi Services in a manner that negatively affects our or other entities’ networks, customers, or operations, or that infringes anyone’s intellectual property rights, violates others’ privacy, generates spam or abusive messaging or calling, or results in the publication of threatening, offensive, or illegal materials; (v) Any reselling of Troomi Services (including selling of use of or access to Troomi Services); or (vi) Any failure to make all required payments when due or to maintain sufficient amounts on deposit or pay another form of credit security, as well as any change that we determine creates a risk of non-payment (such as a deterioration in your creditworthiness); (vii) Any use of a SIM card in any device other than the one is was assigned to by Troomi; (viii) Any use of Troomi devices outside the designated areas allowed by your contract, (iv) use of Troomi SIM cards in non-Troomi devices is cause for immediate termination of services, which may include blocking all talk, text and data usage or all of the above, at Troomi’s sole discretion.

Regardless of the reason or whether you or we terminate your Troomi Services: (i) Unless required by applicable law, there is no proration of charges and you are still responsible for the full month’s payment even if your Troomi Services are terminated before the end of a billing cycle; (ii) Any Account balance or unused portion for the terminated Troomi Service (such as a prepaid service) will not be refunded or credited back; (iii) Your licenses to use any associated software are terminated; (iv) You are obligated to return any Device associated with the terminated Troomi Service (if required by the applicable Service Terms or other agreement); and (v) We reserve the right to delete any data, files, or other information associated with you or your Troomi Account or terminated Troomi Services.

In addition, if a term commitment to maintain service or programming for a particular length of time is not met, and either you cancel a Troomi Service or we terminate a plan for misconduct, you will be subject to any applicable early-termination fee(s) and overage fee(s) under subsection 1.4.

If any of your Troomi Services are suspended, you are still responsible for paying any applicable charges for that Troomi Service.

You have the right to port out your phone number to another carrier. Troomi is not responsible for porting issues caused by the carrier, but Troomi will do everything in its power to rectify any porting issues quickly.

1.5 Disclaimer of Warranties

You’re using Troomi Services at your own risk. Unless expressly set out in this Agreement, Troomi Services are provided on an “as is” and “as available” basis, without warranties or guaranties of any kind. To the greatest extent permitted by law, Troomi (including our past, present, and future parents, subsidiaries, affiliates, related entities, as well as Troomi’s and all of those entities’ officers, agents, employees, licensors, predecessors in interest, successors, and assigns) expressly disclaims all warranties of any kind, whether oral, express, implied, or statutory, including but not limited to the implied warranties of title, merchantability, fitness for a particular purpose, non-infringement, and any warranties implied by a course of performance, course of dealing, or usage of trade. No one is authorized to make warranties on our behalf. We do not guarantee that Troomi Services will meet your requirements, be of a particular quality or speed, or will be uninterrupted, accurate, secure, maintained, and kept free from viruses or other harmful components. There is no security or protection guarantee against unauthorized access to your Troomi Services, personal information, or Troomi Account.

We do not guarantee that Troomi Services are suitable for use in situations in which absolutely accurate data transmission or security is required or that could result in personal injury, property damage, or financial loss. We also do not guarantee that Troomi Services will be interoperable with your hardware or software and that incompatibility won’t lead to damage or loss of data. Troomi will not be responsible for: (i) damage or injury caused by third party information, applications or content (e.g. apps, web sites, games, contacts you allow etc.) preloaded, accessible, or used through your Device; (ii) damage or injury caused by interruptions, failures to transmit, or delays in the Service provided by or through us; (iii) damage or injury caused by your use of the Service provided by us while you are operating a vehicle, (iv) claims made against you by third parties; (v) unauthorized access to your Device, Service, or Troomi Account; (vii) damage or injury caused by a suspension or termination of Service by Troomi; or (viii) damage or injury caused by failure or delay in connecting a call to 911 or any other emergency service.

1.6 Content Filtering Disclaimer

You may enable Troomi’s Content Filtering Artificial Intelligence (AI) and Notification feature (“Content Filtering”). This functionality may notify you, or blur (depending on your settings), outbound or inbound content that is not aligned with protection settings you select. You acknowledge and agree: (i) Content Filtering is not one hundred percent accurate and may flag something incorrectly including will creating false positives, and false negatives, and you should not rely on Content Filtering to be error free; (ii) Troomi provides the Content Filtering on an “as is” and “as available” basis, without any warranties or guarantees of any kind; (iii) Content Filtering may not be suitable in situations where reliable data transmission or security is unavailable, and Content Filtering may not be interoperable with your hardware or software. Content filtering will only work when a Troomi device is within approved WiFi and cellular network locations. See section 2.3 on coverage.

1.7 Limitations of Liability

You agree that: (i) Troomi is not an insurer of Troomi Services, nor can it insure the accuracy of your information or the privacy or security of your Troomi Accounts; (ii) Troomi has no control over the acts and conduct of third parties; (iii) Troomi is not responsible for losses incurred as a result of your or a third-party’s use of your Troomi wireless number or other Troomi Service as a source of authentication or verification in connection with any social media, email, financial, cryptocurrency or other account; (iv) To the greatest extent permitted by law, Troomi is not liable for any reason to you, or any user or beneficiary of Troomi Services, for any indirect, incidental, special, consequential, treble, punitive, or exemplary damages, including but not limited to damages for personal injury; property damage; or loss of revenue, profits, business, goodwill, use, data, or other tangible or intangible losses (even if we’ve been told of the possibility of those damages) resulting from, for example: (a) use of Troomi Services (which includes equipment, software, and inside or outside wiring); (b) the performance or nonperformance of Troomi Services; (c) the actions or inaction of Troomi or its agents with respect to the provision or delivery of any Troomi Services or that relate to your Troomi Account or our relationship with you; (d) any action of a third-party, such as unauthorized access to your Troomi Accounts or Troomi Services (including the use of your Troomi Accounts or Troomi Services to access a third-party account); or (e) any alleged actions or representations, statements, promises, or agreements by Troomi that are not expressly set forth in this Agreement regarding the use, performance, suitability, safety, reliability, security, or any other aspect or attribute of Troomi Services; (f) To the greatest extent permitted by law, Troomi is not liable to you for any damages of any kind resulting in any way from: (g) the installation, maintenance, removal, or technical support of Troomi Services, even if the damage results from the ordinary negligence of our installer or other representative; (h) any unauthorized access to your Troomi Accounts or Troomi Services (including the use of your Troomi Accounts or Troomi Services to access a third-party account), even if the unauthorized access was the result of ordinary negligence by an Troomi employee, representative, agent, or any person or entity purporting to act on Troomi’s behalf; (i) any inability to reach 911, Emergency Contact, Suicide Hotline, or other emergency services, any alleged interference with alarm or medical monitoring signals, or any failure of alarm or medical monitoring signals to reach their intended monitoring stations; (j) the use, inability to use, or the lack of interoperability between Troomi Services and any third-party hardware, software, or service, even if charges for the third-party hardware, software, or service appear on your Troomi bill; (k) the loss of your information, such as missed or deleted voicemails, text messages, emails, pictures, files, that are typical or emergency in nature; or (l) any interruption, error, limitation, delay in any Troomi Service, or any other problem caused, in whole or in part, by you or something outside of our control, including, but not limited to, environmental conditions, emergency conditions, power or network outages, transmission errors, carrier outages, equipment damage or repairs, limits in system capacity, unavailability of radio frequency channels, governmental actions, labor disputes, riots, terrorism, or the acts of third parties.

To the greatest extent permitted by law, our total liability to you (under any legal theory) is a credit or refund that must not exceed the total amount of charges you paid us for the applicable Troomi Service during the shorter of (i) the preceding 3-month period or (ii) the period in which you experienced the issue giving rise to your claims. If you are disputing a charge on your bill, you must notify customer service or submit a notice of dispute to [email protected] within 90 days of the bill date.

To the greatest extent permitted by law, you must commence any legal action within one years of the date of the event or facts giving rise to the dispute or you waive the right to pursue that claim.

Each of the limitations of liability in this Agreement will apply to claims you bring against third parties to the extent that we would be required to indemnify that third-party. If applicable law prohibits a limitation in this Agreement, all other limitations will apply to the greatest extent permitted by law. References in this Agreement to “Troomi” and “we” include our past, present, and future parents, subsidiaries, affiliates, and related entities, as well as Troomi’s and all of those entities’ officers, agents, employees, licensors, predecessors in interest, successors, and assigns.

1.8 Indemnification

1.9 Privacy

b) Data on your Device may automatically be stored on your SIM card, eSIM, Storage Device, Device or our network. Your data may remain on the Device even if your SIM card is removed; the data left on your Device will be accessible to others who use your Device, and may be deleted, altered, or transferred to our or our supplier’s network servers. If your SIM is removed or eSIM is deleted from your Device, you may lose any data contained within or linked to the eSIM or SIM.

c) Customer Proprietary Network Information (“CPNI”) and/or Call Detail Record (CDR) is information that Troomi Wireless, and other telecommunications carriers, obtain when providing your telecommunications services to you. CPNI/CDR includes the types of telecommunications services you currently purchase, how you use them, and the billing information related to those services, including items such as the types of local, long distance and wireless telecommunications services that you have purchased and your calling details. Your name and address are not considered CPNI/CDR. Troomi may use CPNI/CDR to offer you additional services of the type you already purchase from Troomi. We may also use your CPNI/CDR to offer you products and services, packages, discounts and promotions from our affiliates, which may be different from the types of services you already purchase from Troomi. Troomi may use CPNI/CDR data to inform you of call, SMS, MMS, and data usage. CPNI/CDR data is only as accurate and reliable as is received from the carrier. Troomi is not liable for the timeliness or accuracy of CPNI/CDR.

1.10 Governing Law

1.11 End User Licensing Terms

If you connect to Troomi Services by using, downloading, or installing an application or other Software that we made available, whether directly or indirectly through vendors, your use of the Software is subject to this Agreement and any End User License Agreement (“Acceptable Use or Privacy Policy”) for the Software.

a) Definition of Software: The term “Software” means the following: (i) any application related to the Services or this Agreement, including, without limitation, any software code, scripts, interfaces, graphics, displays, text, documentation, and other components; (ii) any updates, modifications, or enhancements to it; and (iii) any specific Troomi or vendor web site to which the Software directs you via any browser.

b) License Grant: Troomi (or for vendors’ Software, the vendor) remain the owner of the Software, which isn’t being sold to you. So long as you comply with the terms of this Agreement and any Acceptable Use or Privacy Policy provided with the Software, Troomi grants you a revocable, nonexclusive, nontransferable, limited right to install and use the Software on a single computer or device that you own and control and to access and use the Software on such device. We’re not responsible for any material or content that you transmit, store, delete, record, or play using the Software.

c) Restrictions on Use: You may use the Software only in strict adherence to the terms of this Agreement, the Acceptable Use or Privacy Policy, and the terms of any other agreements associated with your Device. You may not: (i) decompile, reverse engineer, disassemble, attempt to derive the source code of or decrypt the Software; (ii) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Software; (iii) violate any applicable laws, rules, or regulations in connection with your access or use of the Software; (iv) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Troomi, its suppliers, or the licensors of the Software; (v) other than resale by an Troomi-authorized reseller, use the Software for any revenue-generating endeavor or commercial enterprise other than the use of this Software to participate in our Services; (vi) use the Software for creating a product, Service, or software that is, directly or indirectly, competitive with or in any way a substitute for any Services, product, or software offered by us; (vii) use the Software to send automated queries to any web site or to send any unsolicited commercial email; or (viii) use any proprietary information or interfaces of Troomi or other intellectual property of Troomi in the design, development, manufacture, licensing, or distribution of any applications, accessories, or Devices for use with the Software.

d) Troomi prohibits the purchase and use of its hardware, software and/or services for reverse engineering, product roadmap analysis, and feature, function and processes analysis. Any use of Troomi’s products and services for these purposes will result in immediate termination and prosecution to the extent permitted by law in the state it is perpetrated.

e) Export Limits: None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) to anyone on the U.S.

Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce

Department’s Table of Deny Orders. The Software and any underlying technology may not be exported outside the United States or to any foreign entity or “foreign person” as defined by U.S. government regulations, including without limitation, anyone who is not a citizen, national, or lawful permanent resident of the United States.

1.12 Intellectual Property Rights

b) Third-Party Software. Troomi IP may utilize or include third-party software that is subject to open source and third-party license terms (“Third-Party Software”). You acknowledge and agree that your right to use such Third-Party Software as part of the Services is subject to and is governed by the terms and conditions of the open source or third-party license applicable to such Third-Party Software, including, without limitation, any applicable acknowledgements, license terms, and disclaimers contained therein (“Third-Party Software Notices”) and including all posted changes to Third-Party Software Notices. In the event of a conflict between the terms of this Agreement and the terms of those licenses, the terms of those licenses will control your use of the relevant Third-Party Software. In no event will the Application or components thereof be deemed to be “open source” or “publicly available” software. You agree that your use of Troomi IP is subject to the terms of all Third-Party Software Notices.

c) Troomi Marks. You agree that the Troomi names and their related logos and all related product and service names, design marks, and slogans are trademarks and service marks owned by and used under license from Troomi (the “Troomi Marks”). You are not authorized to use the Troomi Marks in any advertising, publicity, or in any other commercial manner without the prior written consent of Troomi, which may be withheld for any or no reason.

1.13 Information, Content, Services, And Applications Provided By Third Parties

Third-party content, app upgrades or service providers may impose additional charges. Any information you provide to third parties is governed by their policies or terms.

Some services give you the ability to access, view, listen to, interact with, record, and/or store third-party audio and visual content (“Third-Party Content”). You understand that we don’t guarantee the access to or availability of any particular Third-Party Content, or the length of time any particular Third-Party Content may remain available. You also understand that Third-Party Content is the copyrighted material of the third-party that supplies it, is protected by copyright and other applicable laws, and may not be reproduced, published, broadcast, rewritten, or redistributed without the written permission of the third-party that supplied it, except to the extent allowed under the “fair use” provisions of the U.S. copyright laws or comparable provisions of foreign laws. You agree that we will have no liability to you, or to anyone else who uses your Troomi Account or your Troomi services, with regard to any Third-Party Content.

We reserve the right in our sole discretion to restrict or deny access to any Third-Party Content or other third-party information, application, services, or products.

If you visit any third-party website or application store, or download or use any content or applications from third parties, the third party may access, collect, use or disclose your personal information, or require the network carrier to disclose your information, including location information (when applicable) to the content or application provider, or another third party. When you use third party content or applications you agree and authorize Troomi Wireless and its network carrier to provide information to third parties related to such use. Troomi is not responsible for any transmission failure, interruption, or delay related to content or applications obtain from third parties or any content or website you may be able to access through the Device.

1.14 Assignment and Third Parties

1.16 About this Agreement

b) Changes to Agreement. We may add, modify, or delete any terms, conditions, rates, overage or fees for any Troomi Service at any time. We will provide you with notice of changes that are materially adverse to you (this does not include changes in fees or surcharges imposed by the government and passed onto you or changes to rates, fees, compliance or surcharges within limits set forth in this Agreement or any incorporated documents) by text, email, bill or message, text or other message, posting on the website for your Troomi Service, mail, or other method we deem practicable. We also may provide you with notice of non-material changes in our sole discretion. Your continued use or payment for Troomi Services after the effective date of the change means you have accepted the change. If we notify you of a materially adverse change concerning an Troomi Service during your Service , and if you don’t accept the change, you must cancel the Troomi Service within 14 days of the notice to avoid an early termination fee, if applicable. Continued use of the Troomi Service is your acceptance of any changes.

c) Conflicting Terms. This Agreement supersedes any prior agreement between us regarding your Troomi Services. In the event of a conflict between this Agreement and an applicable Acceptable Use or Privacy Policy, this Agreement controls unless the Acceptable Use or Privacy Policy specifically states otherwise. The English version of this Agreement is the original one. If there is a conflict between it and any translated version, the English version controls.

d) Severability. If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.

e) Survival. Although you or we can terminate this Agreement, some terms will continue to apply after termination. These terms include are all those who by their nature and by their explicit language are intended to continue beyond the termination of the Agreement.

1.17 Entire Agreement

1.18 Operational Limits/Force Majeure

Our ability to provide Troomi Services to you is subject to the availability and the operational limitations of the equipment and associated facilities, including third-party networks that Troomi does not control. You understand and agree that temporary interruptions or delays of Troomi Services may occur, and that Troomi is not liable for them. In addition, we aren’t responsible for interruptions or delays caused by events outside our control, such as war, acts or threats of terrorism, civil disorder, labor strikes or disruptions, natural disasters (including fires, floods, earthquakes, and severe weather), medical epidemics, pandemics or outbreaks, destruction of network facilities or transportation infrastructure, or any other events beyond our reasonable control.

1.19 Non-Waiver of Rights