Master Subscription Agreement

Effective Date: 01/01/2025
Provider: Eigent Technologies, Inc. (“Eigent”)

This Agreement governs access to and use of Blitzl™, Blitzers, and Blitzl Blast devices (collectively, the “System”) by the subscribing organization or person (“Customer”).

1. Purpose of System

Blitzl is a cloud-based messaging and alert platform designed to facilitate communication between:

  • Individual persons

  • Tour Guides and participants

  • Students and parents/guardians

  • Staff and administrators

  • Hotel employees and management

  • Property personnel and designated responders

  • Private individuals and selected emergency contacts

Blitzl transmits user-initiated alerts and location data via Bluetooth-connected sensors paired with smartphones and internet connectivity.

2. Critical System Limitations

2.1 Not an Emergency Dispatch Service

Blitzl:

  • Does NOT contact 911 automatically

  • Does NOT dispatch police, fire, or EMS

  • Does NOT monitor alerts

  • Does NOT guarantee response by any recipient

  • Is NOT a life-safety system

Recipients of alerts (including first aid squads or fire department members) are notified solely as designated contacts — not as dispatched responders.

Any response is voluntary and outside Eigent’s control.

3. Best Efforts Service Disclaimer

The System operates on a commercially reasonable best efforts basis only.

Performance depends on:

  • Bluetooth connectivity

  • Smartphone hardware and operating system behavior

  • App permissions

  • Wi-Fi or cellular coverage

  • Cloud infrastructure

  • Battery charge

  • Physical interference

Eigent does not guarantee:

  • Successful pairing

  • Alert transmission

  • Message delivery

  • GPS or indoor location accuracy

  • Speed of delivery

  • Continuous uptime

Alerts may be delayed, incomplete, or not transmitted.

4. Customers Responsibilities

Customer agrees to:

  • Establish internal response protocols

  • Train users

  • Test devices periodically

  • Maintain updated contact lists

  • Ensure devices are charged

  • Maintain internet connectivity

  • Inform recipients that alerts are not guaranteed

Customer assumes full responsibility for how Alerts are interpreted and acted upon.

5. First Responder & Volunteer Acknowledgement

If Customer designates:

  • Volunteer fire department members

  • First aid squad members

  • Safety officers

  • Security personnel

Customer acknowledges:

  • Eigent does not verify credentials

  • Eigent does not manage dispatch coordination

  • Eigent does not track response actions

  • Eigent is not liable for failure to respond

Any responder participation is independent and voluntary.

6. Student & Minor Use

6.1 FERPA Positioning

Where Blitzl processes student education records:

  • Eigent acts as a school official with legitimate educational interest

  • Data is used solely to provide the System

  • No sale of student data

6.2 COPPA Positioning

Where users are under 13:

  • The school or guardian represents proper parental consent has been obtained

  • Eigent processes data solely on behalf of Customer

6.3 Parent/Guardian Responsibility

Parents or guardians are solely responsible for:

  • Monitoring alerts

  • Determining response actions

  • Contacting emergency services when necessary

7. Hotel & Property Deployment

For hospitality or property environments:

  • Blitzl does not replace internal security protocols

  • Does not guarantee guest safety

  • Does not satisfy statutory fire, safety, or alarm system requirements

  • Is supplemental communication technology only

Customer must maintain required safety systems under applicable building, fire, and labor codes.

8. Data Ownership & Use

Customer owns all identifiable data.

Eigent may use aggregated, anonymized data for:

  • System improvement

  • Reliability analysis

  • Performance optimization

No behavioral advertising is conducted.

9. WARRANTY DISCLAIMER

THE SYSTEM IS PROVIDED “AS IS” AND “AS AVAILABLE.”

EIGENT DISCLAIMS ALL WARRANTIES INCLUDING:

  • MERCHANTABILITY

  • FITNESS FOR A PARTICULAR PURPOSE

  • NON-INFRINGEMENT

  • GUARANTEED ALERT DELIVERY

  • GUARANTEED RESPONSE

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

EIGENT’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED:

THE COST OF ONE (1) YEAR OF A STANDARD SUBSCRIPTION INCLUDING A SINGLE INCLUDED SENSOR.

EIGENT SHALL NOT BE LIABLE FOR:

  • PERSONAL INJURY

  • WRONGFUL DEATH

  • FAILURE TO RESCUE

  • FAILURE TO RESPOND

  • DELAYED ALERTS

  • PROPERTY DAMAGE

  • LOST PROFITS

  • THIRD-PARTY NEGLIGENCE

This applies regardless of legal theory.

11. Indemnification

Customer shall indemnify Eigent from claims arising from:

  • Failure to respond to Alerts

  • Misconfiguration

  • Improper training

  • Failure to contact emergency services

  • Violations of FERPA/COPPA

  • Negligence of responders

12. Arbitration & Class Action Waiver

All disputes shall be resolved by binding arbitration under AAA Commercial Rules in New Jersey.

Both parties waive:

  • Jury trial

  • Class action participation

  • Consolidated claims

Claims must be brought individually.

13. Force Majeure

Eigent is not liable for failure due to:

  • Network outage

  • Carrier interruption

  • Cyberattack

  • Government action

  • Natural disaster

  • Power loss

Hardware Limited Warranty

Blitzers™ & Blitzl Blast™ Devices

Warranty Period: 1 Year from purchase

Covers:

  • Manufacturing defects

  • Defective components

Excludes:

  • Battery wear

  • Water damage

  • Physical damage

  • Loss or theft

  • Signal interference

  • Connectivity limitations

Remedy:
Repair, replacement, or refund at Eigent’s discretion.

Liability limited to purchase price of device.