PLEASE READ THE FOLLOWING TERMS OF SALE (“TERMS OF SALE”) CAREFULLY BEFORE PURCHASING A SILVERTREE REACH OR ANY OTHER PRODUCTS OFFERED FOR PURCHASE AND/OR PRE-SALE ORDER BY SILVER TREE LABS, INC. (“US”, “WE”, “OUR”, OR “SILVERTREE”) VIA THE STORE (AS DEFINED BELOW) (COLLECTIVELY, “PRODUCTS”). THESE TERMS OF SALE, TOGETHER WITH OUR TERMS OF SERVICE (AS DEFINED BELOW), SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR PURCHASE AND USE OF PRODUCTS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS OF SALE AND ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO ENTER INTO THESE TERMS OF SALE AND TO PURCHASE AND USE THE PRODUCTS. IN THESE TERMS OF SALE, “YOU” AND “YOUR” REFER TO THE PERSON PURCHASING A PRODUCT.

THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FOR A PRODUCT, you acknowledge that you have read, understood, and agree to be bound by these Terms of Sale. In addition, (i) use of Product Software, Site and Mobile Apps (each, as defined in the Terms of Service) and (ii) if you are purchasing a Subscription Plan (as defined below), the Subscription Plan, is governed by the Silvertree Terms of Service located at https://silvertree.io/terms-of-service (the “Terms of Service”), which are hereby incorporated into these Terms of Sale by reference. If you do not accept these Terms of Sale or the Terms of Service, then you are not authorized to purchase Products from our online store located at https://silvertree.io/ (the “Store”).

We reserve the right to change these Terms of Sale at any time, so please review the Terms of Sale each time prior to making a purchase from the Store. Every time you order Products, the Terms of Sale in force at that time will apply between you and Silvertree. If you have any questions regarding these Terms of Sale, you can contact Silvertree at support@silvertree.io .

The Silvertree Reach is a wearable wellness device for active older adults. Silvertree makes available for purchase the Silvertree Reach and related Products (which may, for instance, include charging docks and cables) in the Store, whether you are purchasing the Silvertree Reach for yourself or a family member or friend (the Silvertree Reach user, the “User”). In order for the User to access the benefits of, and services related to, the Silvertree Reach, the User will also need to have an active subscription plan (a “Subscription Plan”), which can be purchased via the Site pursuant to the Terms of Service. A Subscription Plan must be purchased in connection with a Silvertree Reach. The term “Subscriber” is used herein to refer to the individual purchasing the Subscription Plan, whether the User or a family member or friend of the User. To make use of the Subscription Plan, the User will be required to create an account (“Account”) in the Mobile App. The User will then also be able to use the features of the Mobile App, including (a) inviting family members and friends (“Care Partners”) to create Accounts through which they will have access to certain information collected via the Silvertree Reach and/or stored in the User’s Account and (b) opting into the receipt of certain third-party services that will enable first responders to receive SOS messages and access certain records in the Account.

Although the Store is accessible worldwide, the Products offered on the Store are only designed for use within the United States. You understand and accept that the Store, the Products, and any related services are not designed for use outside the United States.

All Products offered on the Store are subject to availability. We reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue offering certain Products without prior notice.

We make no representations as to the completeness, accuracy, reliability, validity or timeliness of any listings, descriptions or images (including, without limitation, any features and specifications such as weights and sizes) for any Products available through the Store. Such information and the availability of any Product (including, without limitation, the validity of any coupon or discount) are subject to change at any time without notice. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to understand and comply with all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession and use of any Product.

Prices are stated in the applicable currency based on your selected location. Your total price for Products will include the price of the Products in your order plus any applicable sales tax and shipping charges, less any discounts offered. We reserve the right to change prices at any time, but changes will not affect any order for Products you have already placed prior to the change in price. We do not provide price protection or refunds in the event of a price drop or promotional offering. In the event that a Product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we reserve the right to refuse or cancel any orders placed for the Product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the incorrect price paid.

All orders for Products and Subscription Plans via the Store are governed by the payment terms presented to you in the process of purchasing such Products and Subscription Plans, as well as the related terms and conditions set forth in the Terms of Service.

Products available for pre-sale are not offered for sale by Silvertree. Your placement of a pre-sale does not create a contract for sale. By placing a pre-sale order for a Product that is not yet available for sale, you make an offer to Silvertree to purchase such Product subject to these Terms of Sale. Silvertree will obtain an authorization from your bank or credit card company for no charge in accordance with our Terms of Service. An authorization from your payment card company may stay open for several days or weeks before a charge is actually made. You may cancel your offer to purchase pre-sale Product orders at any time prior to shipment by notifying us of such cancellation at support@silvertree.io and you will not be charged.

Silvertree reserves the right to cancel or refuse any pre-sale order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your pre-sale order is cancelled, or if additional information is needed to complete and accept your order.

Purchases made on the Store are intended for end users only (e.g. you are purchasing a Product for yourself or on behalf of a person that intends to use a Product), and are not authorized for resale. We reserve the right to refuse or cancel your order if we suspect you are purchasing Products for resale. Title for Products purchased from the Store passes to the purchaser at the time of delivery by Silvertree to the freight carrier, but Silvertree and/or the freight carrier will be responsible for any Product loss or damage that occurs when the Product is in transit to you.

Prices for the Products may include shipping costs, as described on the Store. Our delivery charges and methods are as described on the Store. The estimated arrival or delivery date is not a guaranteed delivery date for your order and you agree that we are not liable for late deliveries. Refused deliveries will be returned to our warehouse. It may take up to 45 days for the returned items to be identified as refused and processed for a refund.

Products sold through the Store are the only items compatible with the Silvertree Reach. You agree that lack of compatibility does not constitute a defect giving rise to a claim. Furthermore, you will be solely responsible for damage resulting to any Product, and any other peripherals or accessories used in conjunction with the Product, due to your or the User’s use of any product or service that is not compatible with the Product.

Products sold through the Store are the only items compatible with the Silvertree Reach. You agree that lack of compatibility does not constitute a defect giving rise to a claim. Furthermore, you will be solely responsible for damage resulting to any Product, and any other peripherals or accessories used in conjunction with the Product, due to your or the User’s use of any product or service that is not compatible with the Product.

The 30-day return policy is no-questions-asked and, after such period has lapsed, Silvertree does not make any warranties with respect to the Products and does not offer any refund or replacement terms in connection with any extended warranty period. Silvertree gives no warranty regarding the Products, including the life of the batteries used in any Product. Actual battery life may vary depending on a number of factors, including the configuration and usage of a Product.

THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND. WE HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

The use of any and all Products is at the User’s own discretion and risk. You and/or the User will be solely responsible for (and Silvertree disclaims) any and all loss, liability, or damages resulting from use of a Product, computer, mobile device, and all other items, including damage or loss to the Product, and any other peripherals or accessories connected to the Product.

The foregoing disclaimers are in addition to any disclaimers set forth in the Terms of Service.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL SPECIAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, IN EXCESS OF THE AMOUNT PAID FOR A PARTICULAR PRODUCT, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

IF YOU ARE FROM NEW JERSEY, SECTION 9 (DISCLAIMER OF WARRANTIES) AND SECTION 10 (LIMITATION OF LIABILITY) ARE INTENDED TO BE, AND ARE, ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PROVISION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PROVISION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PROVISIONS OF THE APPLICABLE SECTIONS.

The foregoing limitations are in addition to any limitations set forth in the Terms of Service.

Any dispute related to the Products and/or this Terms of Sale shall be governed by the terms and conditions set forth in the Terms of Service, including the “Dispute Resolution By Binding Arbitration” section therein.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Sale or the Terms of Service that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

These Terms of Sale, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. These Terms of Sale will inure to the benefit of our successors and permitted assigns. If any provision of these Terms of Sale is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Sale, which shall remain in full force and effect. Failure by us to act on or enforce any provision of these Terms of Sale shall not be construed as a waiver of that provision or any other provision in these Terms of Sale. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. You will not export or re-export, directly or indirectly, the Products, or any technical information related thereto, to any destination or person prohibited or restricted by applicable law, including, without limitation, U.S. export control laws and regulations.

Additional terms may apply to certain Products. In the event there is a conflict between these Terms of Sale and any additional terms, the additional terms will control with respect to the applicable Product.