TERMS OF SERVICE FOR

modONE (a RiskWire, LLC service)

PLEASE READ THESE TERMS CAREFULLY.

modONE is a digital workplace safety service provided by RiskWire, LLC. RiskWire is the legal entity responsible for operating and licensing the modONE platform. Throughout these Terms, references to 'modONE' describe the platform and services, while 'RiskWire' refers to the company providing them.

These Terms are intended to govern the relationship between RiskWire and two distinct parties: (1) the 'Customer'—a business or organization that purchases a subscription to modONE, and (2) the 'User'—an individual (such as an employee) who is granted access to the Service by the Customer. Customers are responsible for enrolling and managing their Users in the platform. However, Users are permitted to opt out of specific features, such as SMS notifications, at any time, with or without the Customer's consent.

modONE is a service provided by RiskWire, LLC ("RiskWire", "we", "us", or "our"). These Terms of Service govern your use of the modONE platform and all related services (collectively, the "Service"). CUSTOMER MUST ACCEPT AND ALL USERS MUST COMPLY WITH THESE TERMS AS A CONDITION OF USING THE SERVICE. BY ACCEPTING THESE TERMS DURING THE REGISTRATION PROCESS, YOU (1) AGREE THAT YOU ARE LEGALLY BOUND BY THEM; AND (2) REPRESENT AND WARRANT THAT: (a) YOU ARE AT LEAST 18 YEARS OLD, AND (b) IF CUSTOMER IS A CORPORATION, GOVERNMENTAL ORGANIZATION, OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO AGREE TO THESE TERMS ON BEHALF OF CUSTOMER AND ALL AUTHORIZED USERS. IF CUSTOMER DOES NOT AGREE TO THESE TERMS, RISKWIRE WILL NOT AND DOES NOT LICENSE THE SERVICE TO CUSTOMER AND YOU MUST NOT ACCESS AND USE THE SERVICE.

Applicability, Changes

These Terms will continue in force and effect for as long as you use the Service unless RiskWire informs you otherwise. RiskWire reserves the right to change the Terms at any time in its sole business discretion. RiskWire will make reasonable efforts to notify users of changes to the Terms via the Service. RiskWire currently provides the Service under the "modONE" brand (the "modONE Service"). RiskWire may provide the Service under additional brand names in the future without amending or updating these Terms.

These Terms govern the use of the Service by both (a) Customers—meaning businesses or other legal entities that purchase or license the Service—and (b) Users—meaning individual employees, contractors, or other persons authorized by a Customer to access and use the Service in connection with the Customer’s business purposes. Some terms, such as those related to payment and account management, apply specifically to Customers. All other terms, including but not limited to acceptable use, privacy, and intellectual property, apply equally to all Users.

Users of the Service are referred to herein by the pronouns "you" or "your" in addition to the capitalized terms Customer and User. Capitalized terms that are defined in these Terms, such as "Customer" or "Service," have the specific definitions given to them when they are used herein.

Customer Accounts

Customers must have an active subscription to the Service in order to create and maintain a modONE account (a "Customer Account"). A modONE Account is the central administrative account through which access to the Service is managed, including the ability to authorize Users. All Customers must create usernames and passwords when registering for the Service, and an active subscription is required for any Users under the Customer's account to access the Service.

Customers are responsible for managing the access credentials of their authorized Users and for ensuring that all authorized Users comply with these Terms. Each User is responsible for maintaining the confidentiality of their login credentials and for all activities conducted under their assigned account. If you learn of any unauthorized use of the Service through your Customer Account or user login, you should promptly notify both your organization and RiskWire.

Subscription and Payment Terms

A paid subscription is required for a Customer to establish and maintain a modONE account and to enable access to the Service for any associated Users.

RiskWire provides the Service to Customers for a month-to-month subscription. RiskWire charges a monthly Service fee that is due and payable in advance each month. Customers may provide a credit card or other form of electronic payment used by RiskWire when registering for the Service. All applicable sales, use, value-added, excise, or other taxes are charged in addition to the subscription fees. Monthly Service fees are non-refundable once paid, unless RiskWire agrees otherwise in writing. Current subscription prices and payment terms will be presented prior to modONE Account registration. RiskWire may change its subscription fees periodically. Current pricing information for the Service is available upon request at any time from RiskWire.

Customer's subscription to the Service will automatically renew each month until terminated. Either you or RiskWire may terminate your subscription at any time upon 30 days' notice to the other party. Upon termination of a Customer’s subscription, all associated User access will also be terminated. Subscription fee changes will not be effective until the Customer has had at least 30 days' notice. RiskWire may suspend or terminate your access to the Service at any time if you materially breach these Terms. The failure to pay your subscription fees when due is a material breach of these Terms. RiskWire will be entitled to payment of its reasonable collection costs and legal fees incurred in collecting an any unpaid subscription fees.

Use of the Service

Access to the Service requires a valid, paid subscription by a Customer. RiskWire grants Customers and their authorized Users the right to access and use the Service for legal business purposes for the duration of an active subscription. The Service is not intended for use by anyone under age 18. Customers represent and warrant when registering for the Service that they and all of their Users are age 18 or older. You may not use the Service if you are barred from doing so under the laws of the United States or any other country, including the country or your permanent residence from which you use the Service.

Mobile Messaging Terms

This SMS program, "modONE", allows users to receive important messages related to workplace safety. These messages may include safety tips, training assignments, audit reminders, and compliance alerts —often containing hyperlinks to relevant safety content or reporting tools.

As part of the self-enrollment process managed by the Customer, Users are invited to opt in to receive SMS notifications. The opt-in screen explicitly presents the name of the messaging program (modONE), the types of messages included, and the related frequency and data disclosures. The current version of the opt-in screen can be reviewed at: https://guide.mymodone.com/how-do-i.../manage-my-team/self-enrollment

Opting in to the modONE SMS program is strictly optional. You will not be automatically enrolled by providing a phone number or by agreeing to general Terms of Service.

By subscribing, you consent to receive periodic SMS messages. Message frequency will vary depending on your employer’s safety schedule and activity on the platform. Message and data rates may apply.

You can cancel the SMS service at any time by texting “STOP” to the short code. After texting “STOP,” you will receive a confirmation message and will no longer receive messages unless you re-enroll.

When a User opts out of SMS communications, RiskWire will notify the Customer of the opt-out for compliance tracking, but will not re-subscribe the User.

For support, reply “HELP” or email support@mymodONE.com. Carriers are not liable for delayed or undelivered messages.

For complete terms, visit: https://www.getmodONE.com/terms-of-service. To view our Privacy Policy, visit: https://www.getmodONE.com/privacy-policy.

User Data; Privacy

RiskWire does not own any text, documents, data, files, trademarks, service marks, logos, graphics, or other information or content that you enter into in or use with the Service (the "User Data"). You have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to the use of all User Data. You hereby grant RiskWire a royalty-free, worldwide, non-exclusive right and license to use, reproduce, modify, edit, adapt, publish, distribute, perform and display User Data solely for the purpose of providing the Service functionality to you and all other users. RiskWire will use reasonable commercial efforts to secure, protect, and maintain all User Data.

You acknowledge that RiskWire may contract with third party development, application hosting, or technology infrastructure services providers for purposes of providing the Service functionality ("Third Party Service Providers"). RiskWire will make reasonable commercial efforts to ensure that the Third-Party Service Providers abide by any applicable terms and conditions of these Terms. RiskWire is solely responsible for monitoring and supervising the work of the Third-Party Service Providers.

RiskWire may use personal information supplied by Customers to send announcements, administrative messages, and other information about the Service. You may be able to opt out of some of these communications. RiskWire's privacy practices are set forth in the separate RiskWire Privacy Policy. Please review it carefully. The current RiskWire Privacy Policy is incorporated into and made a part of these Terms by reference.

Maintenance and Support

RiskWire will use reasonable commercial efforts to maintain the functionality of the Service for the term of Customer's active subscription to the Service. Access to the Service and support resources may be suspended or discontinued if a Customer’s subscription lapses or is terminated. RiskWire will make reasonable commercial efforts to correct or fix reported errors promptly after being notified of the problem.

Upon termination of a Customer’s subscription, RiskWire may retain User Data for a limited period for legal and administrative purposes. Customers may request deletion of their data, which RiskWire will fulfill in accordance with applicable laws and its Privacy Policy.

Changes to the Service

RiskWire will review and evaluate the Service functionality on a continuing basis. Functionality or features may be added or removed in RiskWire's business discretion. RiskWire may also suspend or stop some functionality in its discretion.

RiskWire will make reasonable efforts to preserve User Data if it makes changes to the Service. If functionality is discontinued, where reasonably possible, RiskWire will give you reasonable advance notice and a chance to remove or download any affected User Data from the Service.

Intellectual Property Rights

RiskWire retains all ownership and intellectual property rights to the Service other than the limited access and usage rights granted to Customers. RiskWire may use any technology, ideas, concepts, know-how, methods, and techniques related to the Service that it learns from Users unless it specifically agrees otherwise. Nothing in these Terms shall be construed to prevent RiskWire from developing, marketing, selling, or licensing software products that may include the same or similar functionality to the Service.

Using the Service does not give you any intellectual property rights in the Service or any content stored in it other than your usage rights under these Terms. These Terms do not grant you the right to use any branding or logos used in the Service.

RiskWire may review User Data in its discretion and remove or refuse to display it if RiskWire believes that displaying it violates the law. Be aware: RiskWire does not actively review or monitor content submitted by Customers or Users, so you view any content displayed by the Service at your own risk.

If you are a copyright owner and believe your copyrighted material has been used on or displayed by the Service in a manner that constitutes copyright infringement, please report the violation to the RiskWire designated copyright agent by sending written and email notices to:

RiskWire, LLC

Attention: Chief Executive Officer

6 North 2nd Street, Suite 201 Fernandina Beach, Florida 32034

support@mymodONE.com

Please include the following information in your notice to us: (1) a detailed description of the allegedly infringed copyrighted material, (2) a description of the location of such material on the Service, (3) your contact information, including address, telephone number, and email address, if any, (4) your statement that you have a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent or the law, (5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf, and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert copyright infringement and to submit the statement.

Warranties and Disclaimer

You understand and agree that these Terms create a legally binding contract governing your use of the Service. You warrant that your use of the Service will comply with all of your obligations to third parties and all applicable laws, rules, and regulations of all federal and state legal jurisdictions and governmental agencies.

You represent and warrant that: (1) you own or have secured sufficient intellectual property rights to submit or use any User Data with the Service for its ordinary and intended use; (2) your User Data does and will not contain any content that is unlawful, threatening, harassing, profane, tortuous, defamatory, libelous, deceptive, fraudulent, or violates a person's privacy or publicity rights; (3) your User Data does and will not contain a software virus or other harmful component; and (4) you will use the Service in full compliance will all applicable laws, rules, and regulations of the legal jurisdiction governing your use of the Service.

The Service may include informational content, such as the safety discussion guides provided with the modONE Service (the "Service Content"). All use of the Service Content is at the Customer and all Users' sole risk. RiskWire does not warrant or guaranty that any such content will be effective or produce the desired result, such as a safer workplace.

RISKWIRE PROVIDES THE SERVICE TO YOU "AS IS." RISKWIRE DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS CONCERNING THE PERFORMANCE, OPERATION, OR QUALITY OF THE SERVICE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, RISKWIRE MAKES NO WARRANTY OF ANY KIND THAT THE SERVICE WILL MEET CUSTOMER'S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, OR BE SECURE, ACCURATE, COMPLETE, OR ERROR FREE.

Not Warranted for Use in Emergencies

The Service is not designed or intended for emergency notification or use in life-threatening situations requiring fail-safe performance, including without limitation, situations involving severe weather or natural disasters, terroristic threats or risks, potential mass shootings, riots or other public unrest, or any other situation in which the failure of the Service could lead to death, personal injury, or severe physical or property damage (collectively, "Emergency Situations"). RISKWIRE EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR USE IN EMERGENCY SITUATIONS.

Indemnification

Customer shall indemnify and hold RiskWire, its licensors, the Third Party Service Providers, and their respective parent organizations, subsidiaries, affiliates, officers, managers, directors, governors, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses, including reasonable legal fees and costs, arising out of or in connection with: (1) a claim based on any alleged misuse of User Data; or (2) any alleged conduct which would constitute a breach of any of Customer's representations, warranties, covenants, or obligations under these Terms; or (3) any User or third party claims related to or arising from use of the Service in an Emergency Situation (as defined above); (4) or any User or third party claims related to or arising from the use of the Service Content (as defined above), such as the safety discussion guides provided with the modONE and Text4Safety Services. Customer specifically acknowledges and agrees that its indemnification obligations under this section include any claims, costs, damages, losses, liabilities, expenses, or issues or problems of any kind arising under or based on an alleged breach of any federal or state laws, rules, and regulations governing unsolicited telephone, text messages, other electronic communications, personally identifiable information.

Users also agree to use the Service in accordance with these Terms and applicable laws. RiskWire reserves the right to seek legal remedy or indemnification from any User whose misuse of the Service results in harm, violation of law, or third-party claims.

Liability Limitations

TO THE FULLEST EXTENT ALLOWED BY LAW, RISKWIRE WILL HAVE NO FINANCIAL LIABILITY TO CUSTOMERS OR USERS FOR ANY AND ALL CLAIMS RELATING TO THEIR USE OF THE SERVICE PURSUANT TO THESE TERMS.

TO THE FULLEST EXTENT ALLOWED BY LAW, RISKWIRE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF THE SERVICE, INCLUDING ANY PERSONAL INJURY AND ANY LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE.

IN ALL CASES, RISKWIRE, ITS THIRD-PARTY SERVICE PROVIDERS, AND ITS LICENSORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE, INCLUDING ALL LOSS OR DAMAGE RESULTING FROM CRIMINAL ACTS BY CUSTOMER, USERS, OR ANY THIRD PARTIES.

General

All notices to RiskWire by Customers or Users pursuant to these Terms shall be made by personal delivery or by first class United States mail, postage fully prepaid, return receipt requested. Notices to RiskWire shall be addressed as shown at the end of these Terms. RiskWire may notify Customers of all matters related to these Terms by sending an email notice to Customer via the primary email address stored in the modONE Account profile. Notices sent by personal delivery or U.S. mail will be effective upon actual receipt.

These Terms are governed by the laws of the State of Florida and applicable U.S. federal law. All legal actions to enforce or interpret these terms shall be commenced exclusively in the state or federal courts located in Jacksonville, Florida, and you consent to the exclusive jurisdiction and venue of such courts.

You may not assign or otherwise transfer your rights under these Terms without RiskWire's prior written consent, which may be withheld for any reason in RiskWire's sole discretion. RiskWire may freely assign its rights and obligations under these Terms to any third party as it determines in its sole business discretion.

These Terms are binding upon, and inure to the benefit of, the parties and their permitted successors and assigns.

Any waiver or failure by RiskWire to exercise its rights under these Terms will not create a continuing waiver of such rights. If any provision of these Terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and will be interpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal or unenforceable provision.

These Terms state RiskWire's entire agreement with you concerning use of the Service.

If you have questions or need assistance with these Terms, you may contact RiskWire at support@mymodONE.com. If you are a User and your employer is the Customer, you may also contact RiskWire at support@mymodONE.com.

Notice Address:

RiskWire, LLC

Attention: Chief Executive Officer

6 North 2nd Street, Suite 201 Fernandina Beach, Florida 32034

support@mymodONE.com