SILVIE END USER LICENSE AGREEMENT

A Pontosense Inc. Brand

By using the Silvie hardware, creating an account, downloading the Silvie mobile application (the “App”), or using any Silvie product or service (collectively, “Silvie”), you (“you” or “End User”) agree to the following terms and conditions. This end user license agreement (the “Agreement”) forms a binding agreement between you and Pontosense Inc. (“Pontosense”, “we”, “our”), the maker of the Silvie brand.

If you do not agree to these terms, do not use the Platform.

1. PLATFORM AND SERVICES.

1. NOT MEDICAL ADVICE. SILVIE IS DESIGNED TO SUPPORT AWARENESS AND PEACE OF MIND - IT IS NOT A MEDICAL DEVICE OR HEALTHCARE SERVICE. PONTOSENSE IS NOT A HEALTHCARE PROVIDER. THE SILVIE APP AND HARDWARE (COLLECTIVELY, THE "SERVICES") ARE FOR INFORMATIONAL AND MONITORING PURPOSES ONLY. THEY DO NOT CONSTITUTE AND SHOULD NOT BE RELIED UPON AS PROFESSIONAL MEDICAL, NURSING, OR HEALTH ADVICE, DIAGNOSIS, OR TREATMENT. BY USING SILVIE, YOU ACKNOWLEDGE THAT: (A) THE PRODUCT AND SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE; (B) YOU ARE SOLELY RESPONSIBLE FOR ANY MEDICAL DECISIONS ARISING FROM YOUR USE OF SILVIE, INCLUDING HOW YOU RESPOND TO ANY ALERTS OR EVENTS DETECTED BY THE SYSTEM; (C) PONTOSENSE IS NOT RESPONSIBLE FOR YOUR MEDICAL JUDGMENT OR ANY OUTCOMES ARISING FROM YOUR USE OF THE SERVICES; (D) SILVIE MAY NOT DETECT EVERY EVENT, MOVEMENT, OR FALL. DETECTION ACCURACY DEPENDS ON FACTORS INCLUDING SENSOR PLACEMENT, ROOM CONFIGURATION, ENVIRONMENTAL CONDITIONS, AND THE NATURE OF THE EVENT. PONTOSENSE IS NOT LIABLE FOR ANY HARM, INJURY, OR LOSS ARISING FROM A MISSED OR DELAYED DETECTION; (E) SILVIE MAY GENERATE ALERTS THAT DO NOT REFLECT AN ACTUAL EVENT. OVER TIME, ALERT VOLUME MAY VARY. PONTOSENSE IS NOT RESPONSIBLE FOR ANY HARM ARISING FROM HOW YOU RESPOND TO, OR CHOOSE NOT TO RESPOND TO, ANY ALERT, INCLUDING WHERE ALERT FREQUENCY HAS AFFECTED YOUR RESPONSE BEHAVIOR.
2. Intended Use. Silvie is a non-medical remote monitoring and alerting tool designed to help individuals, family members, and caregivers gain visibility into daily movement patterns and potential fall events of a person in a monitored residential or home environment. Silvie is a supplemental tool, not replacement, for professional response or in-person supervision. The accuracy of detection and alerting may vary depending on environmental factors, sensor placement, room configuration, and user configuration, and must be set up and used in accordance with Silvie’s documentation and instructions. Silvie should not the sole means of determining whether a person has fallen or is in need of assistance.
3. Use Restrictions. You shall not, and shall not permit any third party to, access or use Silvie, as the case may be, for any purposes beyond the scope of the use and access granted herein. You shall not at any time, directly or indirectly: (i) copy, modify, or create derivative works of Silvie, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available Silvie; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of Silvie, in whole or in part, or access or use Silvie to develop or create a competitive service or product; (iv) remove any proprietary notices from Silvie; (v) use Silvie for any purpose that infringes, misappropriates or violates any intellectual property right or other right of any person, or that otherwise violates applicable law; (vi) frame or mirror any part of Silvie, or otherwise incorporate any portion of Silvie into any product or service; (vii) collect, harvest, reverse look-up, trace, or otherwise seek to obtain any information on any other user of or visitor to Silvie; (viii) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Silvie, or any systems or networks connected to them; (ix) use Silvie to send spam, or to store or transmit any virus, Trojan horse, worm, or other software, script or code, the effect of which is to permit unauthorized access to, or to alter, disable, encrypt, erase, or otherwise harm, any computer, systems, software or data; (x) access or use Silvie that is (expressly or implicitly) not intended for use by you or any Authorized User; (xi) use any non-Pontosense automation code in relation to Silvie (including any "spider" or "bot"); (xii) probe, scan or test the vulnerability of Silvie or any network or systems connected to them, or breach the security or authentication measures on them or on any network connected to them; (xiii) use, employ, operate, or create a computer program to simulate the human behaviour ("Bots") or user activity in relation to Silvie; or (xiv) use, employ or operate Bots or other similar forms of automation to engage in any activity through the use of Silvie; (xv) purchase, sell or facilitate the purchase or sale of any accounts to other users or third parties for cash or digital asset consideration.
4. Modifications to the Services. Pontosense may modify Silvie from time to time without notice to you.
5. Suspension. Notwithstanding anything to the contrary in this Agreement, Pontosense may temporarily suspend your access to any portion or all of Silvie if: (i) Pontosense reasonably determines that (A) there is a threat or attack on Silvie, (B) your use of Silvie disrupts or poses a security risk to Pontosense or to any other user, client or vendor of Pontosense, (C) any user using Silvie for fraudulent or illegal activities, (D) subject to applicable law, you become the subject of any bankruptcy, insolvency, or debt relief proceeding, (E) Pontosense provision of Silvie to any other user is prohibited by applicable law, or (F) your failure to pay undisputed fees due under this Agreement within a reasonable period after written notice of non-payment; (ii) any vendor of Pontosense has suspended or terminated Pontosense’ access to or use of any Vendor services or products required to enable your access or use of Silvie; or (iii) in accordance with Section 3 (any such suspension described in subclause (i), (ii), or (iii), a "Service Suspension"). Pontosense shall use commercially reasonable efforts to provide written notice of any Service Suspension to you and to provide updates regarding resumption of access to the Services following any Service Suspension. Pontosense shall use commercially reasonable efforts to resume providing access to the Services as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Pontosense will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you may incur as a result of a Service Suspension, unless the Service Suspension is a result of the gross negligence or willful misconduct of Pontosense.
6. Aggregated Statistics. Notwithstanding anything to the contrary in this Agreement, Pontosense may monitor your use of Silvie and collect and compile Aggregated Statistics. As between Pontosense and you, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Pontosense. You acknowledge that Pontosense may compile Aggregated Statistics based on your data (except those in identifiable form) inputted into or used to provide the Services. You agree that Pontosense may use Aggregated Statistics to the extent and in the manner permitted under applicable law, including to develop, optimize, benchmark, or measure Pontosense’ products or services and for internal research, analytical and informational purposes related to your use of Pontosense products or services, provided that such Aggregated Statistics do not identify you or include any of your personal information.

2. END USER RESPONSIBILITIES.

1. Users. You are solely responsible and liable for all use of Silvie, including the installation and maintenance of Hardware, or any use or misuse of Hardware by you, resulting from access provided by Pontosense, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. You agree to the following: (i) you must be at least 18 years of age to use Silvie, or have the express consent and supervision of a legal guardian if under 18, (ii) you are solely responsible for maintaining the confidentiality of your login credentials and for all activity under your account, (iii) you shall use all reasonable efforts to protect your account, including using strong passwords and not sharing your credentials with any other individual, (iv) you will not, directly or indirectly, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify or create derivative works of Silvie, and (v) you agree not to use Silvie in any unlawful, unauthorized, fraudulent, or harmful manner, including but not limited to interfering with the proper operation of Silvie, gaining unauthorized access to other users’ data, or violating any applicable laws or regulations.
2. Hardware and Updates. You shall have exclusive ownership of the Hardware, and title to the Hardware shall pass to you upon delivery to your designated delivery address. You assume all risk of loss, damage, or destruction of the Hardware from the moment of delivery. You are solely responsible for ensuring that the Hardware remains up to date with the latest firmware and software updates provided by Pontosense. For greater clarity, it is your responsibility to install all such updates and to ensure that the Hardware continues to operate in accordance with its intended specifications. Pontosense shall not be responsible for any degradation in functionality resulting from failure to install available updates.

3. FEES.

1. Monthly Subscription. You shall pay the applicable fees (“Fees”) as set forth in the relevant subscription plan, without offset or deduction, to Pontosense or, as applicable, to an authorized Pontosense partner, depending on the agreed commercial arrangement. Unless otherwise specified, Fees include monthly subscription charges for access to the Silvie App and related Services. Payments may be processed through a third-party platform such as Stripe or via an authorized Pontosense partner, and are subject to the applicable terms and conditions. Access to the App is conditional upon timely payment of applicable SaaS subscription fees. If you fail to make any payment when due, and without limiting Pontosense’s other rights and remedies, Pontosense may suspend your access to Silvie until full payment is received.
2. Optional Features and Subscription Upgrades. Pontosense may, from time to time, introduce optional new features, modules, or services that are not included in your current subscription plan. Access to such new or premium features may require additional monthly Fees. Where applicable, Pontosense will provide reasonable notice of any such new charges prior to activation. These features will be announced via email newsletters or in-app notifications, and you will have the option to upgrade or add them on top of their existing subscription directly through the Stripe billing platform. Continued use of such features after notification and activation constitutes your acceptance of the additional fees.

4. DATA ACCOUNT AND PRIVACY

By using Silvie, you consent to the collection and use of your personal information as described in this Agreement. Personal information may include email address, account credentials, usage patterns, device activity data, and other information you provide through the Platform. The data is used to provide and improve the Services, respond to support requests, and personalize your experience. Pontosense implements reasonable administrative, technical, and physical safeguards designed to protect your personal information against unauthorized access, loss, or misuse. However, no system can be completely secure, and you acknowledge that use of the Platform is at your own risk. You have the right to access, correct, or request deletion of your personal information by contacting silvie@pontosense.com. Certain requests may limit or restrict your ability to use the App. Except as required by law or as otherwise set out in this Agreement, Pontosense will not sell, rent, or disclose your personal information to third parties without your consent. For more information about what data Pontosense collects, please visit our Privacy Policy: https://www.silvie.com/privacy-policy.

5. WARRANTIES AND DISCLAIMER.

1. Warranties for Platform. Pontosense represents and warrants that during the Term and subject to Section 8(b), the Platform will perform and operate materially in accordance with the applicable Documentation. For any breach of this warranty, the End User’s exclusive remedy and Pontosense’ entire liability will be for Pontosense to use commercially reasonable efforts to cause the Platform to comply with the foregoing warranty within a reasonable period of time. For greater certainty, Pontosense makes no representation or warranty regarding uptime, availability, or accuracy of the Platform, Services or any other the Pontosense technology.
2. Warranties for Hardware. THIS AGREEMENT INCLUDES A LIMITED MANUFACTURER’S WARRANTY. UNLESS EXPRESSLY PROVIDED BY PONTOSENSE, NO WARRANTY IS PROVIDED ON ANY OF THE HARDWARE BEYOND THE MANUFACTURER’S WARRANTY. This Hardware warranty will extend to the user who purchases such Silvie Hardware. For more information about Pontosense’s limited Hardware warranty, please visit our Terms of Purchase: https://www.pontosense.com/terms-of-purchase.
3. Proper Use and Exclusive Remedy. The warranties set out in Sections 5(a) and 5(b) are subject to your proper use of Silvie (and for clarity, including your proper installation, use, and maintenance of the Hardware). The warranties set out in these Sections 5(a) and (b) shall not apply where: (i) you have misused the Services, Hardware, or App; (ii) where the warranty issue arising is a result of use of the Services, Hardware, or App in combination with data, software, hardware, equipment, or technology not provided by Pontosense or authorized by Pontosense in writing; (iv) modifications to the Services, Hardware, or App not made by Pontosense; (v) the issue arises from your data; or (vi) the issue arises from the use of Third-party Products. The warranties set out in Sections 5(a) and 5(b) shall be your sole and exclusive remedy and Pontosense’ sole remedy under said warranties.
4. NO FURTHER WARRANTIES AND DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED UNDER THIS AGREEMENT, SILVIE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND PONTOSENSE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PONTOSENSE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PONTOSENSE MAKES NO WARRANTY OF ANY KIND THAT SILVIE WILL MEET YOURS OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, DEFECTS OR ERRORS. PONTOSENSE MAKES NO WARRANTY OF ANY KIND AND DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR DISCLAIMERS IN RELATION TO ANY THIRD-PARTY PRODUCTS, VENDOR PRODUCTS OR SERVICES, OR DATA STORAGE PROVIDER USED IN CONJUNCTION WITH SILVIE. PONTOSENSE MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL LIABILITY RESULTING FROM ANY THIRD-PARTY PRODUCTS OR ANY PRODUCTS OR SERVICES PROVIDED BY A DATA HOSTING OR STORAGE PROVIDER USED IN CONJUNCTION WITH THE SERVICES PROVIDED BY PONTOSENSE.

6. INDEMNIFICATION.

You shall indemnify, defend (at Pontosense’s option), and hold harmless Pontosense from and against any and all losses, damages, liabilities, costs, and expenses (including reasonable legal fees) (“Losses”) arising out of or resulting from any third-party claim (“Third-Party Claim”) alleging that (a) your data, or the use of your data in accordance with this Agreement, infringes, misappropriates, or violates any third party’s intellectual property or privacy rights, or (b) arising from your: (i) negligence or willful misconduct; (ii) use of Silvie in a manner not authorized by this Agreement; (iii) use of Silvie in combination with data, software, hardware, equipment, or technology not provided or approved in writing by Pontosense; or (iv) modifications to Silvie not made by Pontosense. You may not settle any Third-Party Claim without Pontosense’s prior written consent. Pontosense may, at its option, assume control of the defense or participate in the defense using counsel of its choice.

7. LIMITATION OF LIABILITY.

1. IN NO EVENT WILL PONTOSENSE BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, AGGRAVATED, OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE, OR LOST BUSINESS, PRODUCTION, SAVINGS, REVENUES, OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (v) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER YOU WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
2. IN NO EVENT WILL PONTOSENSE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID AND AMOUNTS ACCRUED BUT NOT YET PAID TO PONTOSENSE UNDER THE APPLICABLE STATEMENT OF WORK RELATING TO EVENT GIVING RISE TO THE CLAIM.

8. GENERAL.

1. Force Majeure. In no event shall Pontosense be liable to you, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement, if and to the extent such failure or delay is caused by any circumstances beyond Pontosense’ reasonable control, including but not limited to acts of God, epidemics, pandemics, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labour stoppages or slowdowns or other industrial disturbances, interruptions, loss or malfunction of data, utilities, communications, internal or other computer (hardware, software, network or system) services or facilities, or passage of law or any action taken by a governmental or public authority, including imposing an embargo ("Force Majeure Event").
2. Waiver. No waiver by any Party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability. If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

Governing Law. This Agreement and all related documents including all exhibits attached hereto, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute, are governed by, and construed in accordance with, the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule (whether of the Province of Ontario or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Province of Ontario.

Amendments and Modifications. Pontosense may update, modify, or revise this Agreement at any time, with or without prior notice to you. Continued use of Silvie after any changes to the Agreement have been posted constitutes your acceptance of the updated terms. The most current version of this Agreement will always be available at www.silvie.com/terms-of-use, and it is your responsibility to review it periodically.

Last Updated: May 29, 2026

Contact Information. If you have questions about this Agreement, you may contact Pontosense Inc. at silvie@pontosense.com.