Terms and Conditions

Version 2011:1. Effective as of 15 July 2011. The Service Provider
reserves the right to changes these terms and conditions at any
time. Updates will be posted at www.c-pod.com. (the “General
Terms & Conditions”)

1. Definitions
“C-pod Servers” means the servers and other hardware and
infrastructure needed in order to provide the Service.
“C-pod Unit” means the unit that enables the Service.
“C-Pod Web” means www.c-pod.com.

“Agreement Period” means the Minimum Agreement Period and
any consecutive contractual terms in accordance with Clause 5.1.
“Early Termination Fee” is payable in order to terminate the
agreement before end of the Minimum Agreement Period
“User” means to the owner of a C-pod Unit.
“Minimum Agreement Period” means the period during which the
User has agreed to use, and pay for the Service.
“‘Monthly Service Fee” means the monthly payments the User pays
for the Service during the Agreement Period.
“Network” means the public telecommunications system by which
the Service is made available.
“Pricing” means the price for the Services specified in the Service
Agreement.

“Service” means the communication and access to infrastructure
and telecommunication systems needed to alert the User of an
occurrence onboard detected by the installed C-pod Unit.
“Service Agreement” means the contract between the Service
Provider and the User.
“Service Provider’ means C Security Systems AB.

2. Agreement

2.1 The Service is conditional upon that the User and the Service
Provider has entered into a Service Agreement between the User
and the Service Provider on the C-pod Web. The Service Contract
sets out the Minimum Agreement Period and the Monthly Service
Fee and is entered into online on the C-pod Web by payment of the
first Monthly Service Fee.

2.2 The Service Agreement and the General Terms and Conditions
(including any addendums hereto) govern the Service. The Service
Provider may change the General Terms and Conditions. When
the Service Provider makes changes, the Service Provider will
give notice to the User by posting the Changed General Terms &
Conditions to www.c-pod.com. The User approves such changes by
paying its next Monthly Service Fee.

2.3 No change statement or warranty of any sales agent, distributor,
representative or employee of the Service Provider may change the
Service Agreement or the General Terms and Conditions.

3. Scope of Service

3.1 The Service includes (i) GSM communication between the C-
pod Unit and the C-pod Servers, (ii) SMS message communication
between the C-pod Servers and the User’s mobile phone, (ii) E-
mail communication between the C-pod Servers and the User, and
(iv) access to the C-pod Web through the Internet. The Service
Provider also provides access to Support during the Agreement
Period and free software upgrades as well as the right to use any
software included in the Service. Furthermore it is the responsibility
of the User to act on notifications sent by the C-pod System and for
maintaining an up-to-date information on the C-pod Web.

4. Service Availability

The GSM service is available both domestically in the User´s
jurisdiction and internationally. All GSM communication between the
C-pod Unit and C-pod Servers is included in the Monthly Service
Fee. There are no extra roaming charges for international usages.

5. Term

5.1 The Service Agreement has an initial term of 12 months starting
on the date the first Monthly Service Fee was paid and will thereafter
be automatically extended by 12 months at the time.

5.2 The User may cancel the Service Agreement by giving written
notice to the Service Provider at least 60 days prior to the expiry of a
contractual term.

5.3 The Service Provider may terminate the Service Agreement and
the Services to the User at any time without notice or liability to you if
you are in breach of this Agreement.

6. Use of built-in SIM card

6.1 The C-pod Unit has a built-in SIM card, the title to which belongs
to the Service Provider and not the User. The Service Provider
reserves the right to cancel the service and permanently terminate
the SIM card if:

(i) the customer repeatedly fails to pay the Monthly Service Fee agreed during the Agreement Period.

(ii) the SIM card is abused in any way or is removed from the C-pod.

6.2 If the service is cancelled, the C-pod Unit may be sent to Service
Provider for a replacement SIM card. A minimum service fee of five
times the Monthly Service Fee will be charged for this.

6.3 In case the C-pod Unit and/or its internal SIM card are lost
or stolen the User is required to immediately notify the Service
Provider. Until such notification has been received by the Service
Provider the User is liable for any and all charges incurred by the
use of the C-pod Unit and/or the SIM card.

7. Monthly Service Fee

7.1 The User agree to pay, on time, the Monthly Service Fee and
maintain and enter valid credit card information on the C-pod Web.

7.2 The Monthly Service Fee will be charged by the Service Provider
monthly in advance on the User’s credit card on the last day of each
month. The applicable currency for your region is specified in the
Service Agreement.

7.3 If the User prepays the Monthly Service Fee for a part or a whole
contractual term, then the Service Provider will start charging the
Monthly Service Fee on the User’s credit card on the last day of the
prepayment period and the Service Provider will thereafter charge
the User’s credit card in accordance with Clause 6.2 if the Monthly
Service Charge is not prepaid again.

7.4 The User agree to pay a late charge fee of 5 percent per month
on the unpaid balance as of the due date each month and will
be charged on subsequent due dates. The Service Provider may
suspend the Service in the event of late payment. If it does so, the
Service Provider may charge a reactivation fee (currently US$ 50
and EURO 30) for each suspension of the Service.

7.5 Irrespective if the Service Provider fails to provide the Service to
the User during the Agreement Period, the User shall remain liable
for the payment of the Monthly Service Fee.

8. Credit Card Information

8.1 No credit card data that can be misused is stored on the C-pod
Servers.

8.2 The User hereby authorize the Service Provider to (i) charge
the credit card that the User has provided at the C-Pod Web for
the Monthly Service Fee or any other fees that follows from the
Service Contract or the General Terms & Conditions and the Service
Provider, (ii) automatically continue charging such credit card (or
any replacement card if the original card is renewed, lost, stolen
or changed for any reason by the card issuer and the card issues
informs the Service Provider of the new replacement card), (iii)
continue to attempt to charge all sums described herein to your
credit card until such amounts are paid in full.

9. Early Termination Fee
The Service Agreement may be terminated before the expiration
date of the Agreement Period by the User, upon payment, to Service
Provider, of an early termination fee of (currently EURO 20 and US$
30) for each full month remaining of the term pursuant to completed
toward the end of the Agreement Period.

10. Warranty for the Product and C-Pod Unit

10.1 The limited warranty accompanying the C-pod unit is the only
warranty provided in relation to the C-Pod Unit.

10.2 You expressly acknowledge and agree that that use of the C-
pod Unit and the use is at your sole risk. Other than as previously
provided and to the maximum extent permitted by applicable law, the
C-pod Unit and the Service is provided “as is” and “as available”.

10.3 The Service Provider gives no warranty in relation to the
availability, suitability or maintenance of the Service and the User
recognizes that factors outside the Service Providers control may
affect the quality and the availability of the Service.

11. Limitation of Liability

11.1 To the fullest extent permitted by law, the Service Provider
hereby expressly exclude liability for any damages or claim which
may arise out of or in connection with the provision of the Services
or its use by the User.

11.2 The Service Provider exclude all liability, whether resulting
from contract, tort (including liability for any negligence or breach
of specific duties) or otherwise in respect of any loss, damage,
cost, expenses or other claims resulting from fault, failures or
inadequacies of the Service or the C-pod Unit.

12. Confidentiality

12.1 The Service Provider agrees not to make available to anyone,
not directly affiliated with the Service Provider, any data stored
on its C-pod Service Servers, unless the User has agreed so in
writing or the Service Provider is required to do so by applicable law
or pursuant to any order of court or other competent authority or
tribunal. This includes, but is not limited to, positions or movements
of the boat, information regarding the User’s address, status of
alarms and warnings, telephone numbers, e-mail addresses as well
as user name and password.

12.2 The User hereby agrees to the Service Provider’s right to
access data stored on the C-pod Servers in order to help the User
in case of support and for trouble shooting as well as for system
maintenance and software upgrades.

12.3 The Service Provider and Distributor reserves the right to
contact the User, using the contact information stored on the C-
pod System Servers, in order to notify the User of any potential
problems, improvements or other things that affect the quality and
security of the Service.

13. Notice
shall be made in writing in the English language, and shall be sent
to C Security Systems AB, Att. Customer Support, Vretenvägen 13B,
SE-171 54 Solna, Sweden.
13.1 A notice shall be considered received when the Service
Provider has confirmed receipt. Should the Service Provider not
have confirmed receipt, a notice or other communication shall
nevertheless be deemed received seven days, after having been
sent by mail.

14. Governing Law
The Service Contract and the General Terms and Conditions are
governed by the laws of Sweden without giving effect to conflicts of
law principles.