Indemnification and Hold Harmless Agreement
Effective Date: October 22, 2026
This Indemnification and Hold Harmless Agreement (the “Agreement”) is entered into by the user (“User,” “you,” or “your”) and Beacon Boxx Incorporated, its affiliates, owners, founders, employees, officers, and agents (collectively, “Beacon Boxx,” “we,” “our,” or “us”). By using the Beacon Boxx mobile application (the “App”), you agree to the terms set forth in this Agreement.
1. Acknowledgment of Responsibility
By using the Beacon Boxx App, you acknowledge and agree that Beacon Boxx is not the original equipment manufacturer (OEM) of any hardware device, including but not limited to the Apple Watch or any other smartwatch, fitness trackers, or health monitoring devices (collectively, the “Device”). Beacon Boxx solely operates the App to collect and display health data from the Device, but does not control, test, or guarantee the performance of the Device itself.
You further acknowledge that any deficiencies, malfunctions, or failures of the Device, including but not limited to the failure to collect accurate, consistent, or timely health data, may result in harm, injury, or death to you or others. Such deficiencies may be the result of defects in the Device, user error, or improper use of the Device, and are outside the control of Beacon Boxx.
2. Assumption of Risk and Agreement to Hold Harmless
By using the App, you agree to the following:
No Fault of Beacon Boxx: Beacon Boxx is not responsible for any harm, injury, or death resulting from the failure of the Device or from any errors in how the App operates due to faulty hardware, user failure to enable or configure the App, or failure to properly maintain the Device.
Indemnification: You agree to indemnify, defend, and hold harmless Beacon Boxx, its affiliates, owners, founders, employees, officers, agents, and any associated parties (collectively, the “Indemnified Parties”) from and against any claims, losses, damages, or liabilities, including attorneys’ fees and costs, arising from your use of the App, any failure of the Device, or any actions that result in injury, harm, or death. THIS INDEMNITY APPLIES EVEN IF THE CLAIM ARISES IN WHOLE OR IN PART FROM THE NEGLIGENCE OF BEACON BOXX, TO THE FULLEST EXTENT PERMITTED BY LAW.
User Error and OEM Equipment Failure: You specifically acknowledge that any issues arising from user error, such as failure to properly set up the App or Device, failure to enable necessary settings, failure to use the Device as intended, or any malfunction of the Device due to manufacturing defects or failure of third-party hardware, are not the responsibility of Beacon Boxx.
Connectivity and Transmission Failures: You acknowledge that an alert generated by your Device may never reach your phone or Beacon Boxx servers because of user error or Device mismanagement, such as leaving your phone out of Bluetooth range, allowing the Device or phone to lose battery power, disabling Bluetooth, Wi-Fi, cellular data, location services, or notifications, force-closing or failing to update the App, or failing to maintain a data plan. Beacon Boxx cannot receive or act on an alert that never reaches its servers, and you expressly assume this risk and agree that Beacon Boxx is not responsible for any resulting harm, injury, or death.
Data Plan: You agree to maintain an active cellular data plan for your Device so that alerts can be sent when your phone is unavailable. If your Device does not support cellular service, you accept the added risk that alerts depend entirely on your Device staying connected to your phone or to Wi-Fi.
Calling 911: If you do not see confirmation that an alert was received within one (1) minute, or are unsure whether help is coming, you agree to call 911 directly.
3. Limitations on Beacon Boxx’s Responsibility
You acknowledge that Beacon Boxx provides health data monitoring services based on the information collected by the Device, but cannot guarantee that it will detect all emergencies or health-related issues. Beacon Boxx cannot be held responsible for any emergencies that occur that are not detected by the App, or for any damage, injury, or death that arises from the failure of the Device or its failure to transmit accurate health data.
You further acknowledge that without the use of Beacon Boxx, you have no suitable alternative platform that guarantees emergency detection or accurate health data monitoring, and you assume the risks inherent in using the App.
4. Scope of Emergency Features
By using the Beacon Boxx App, you acknowledge that the App provides supplemental health monitoring and emergency alert features, and that Beacon Boxx does not offer comprehensive emergency coverage, and emergency response is provided by third-party monitoring services and emergency responders, not by Beacon Boxx. You agree to hold Beacon Boxx harmless for any failure to detect or respond to emergencies that result in harm, injury, or death.
5. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to its conflict of law provisions. Any dispute arising out of or related to this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, with the arbitration taking place in Montgomery County, Texas, unless both parties agree otherwise or the arbitrator permits the proceeding to be conducted remotely. Any court action permitted under this Agreement shall be brought exclusively in the state or federal courts located in Montgomery County, Texas.
By using the Beacon Boxx App, you confirm that you have read, understood, and agree to the terms outlined in this Indemnification and Hold Harmless Agreement. You further agree to indemnify and hold harmless Beacon Boxx and the Indemnified Parties from any claims or liabilities arising from your use of the App and any issues related to the Device or third-party hardware.