This User Agreement (this “Agreement”) constitutes a valid and binding agreement by and between CheKit, LLC (“CheKit” or “our”), and the individual signing below (“you” or “your”) who wishes to enroll in the CheKit membership program (the “Program”) and is made effective as of the date in your signature block below (the “Effective Date”).

To participate in the Program, you must create a user account with CheKit (an “Account”) and agree to CheKit’s Terms of Use and Privacy Policy which are incorporated herein. By accepting this Agreement or using the CheKit Service (defined below), you represent and warrant that you have the legal capacity to enter into a contract in the jurisdiction where you reside. If you do not accept this Agreement, then you are not permitted to use the Service.

By accepting this Agreement, you expressly agree to the arbitration of all Disputes as further described in our Terms of Use. The parties agree to arbitrate solely on an individual basis, and that neither this Agreement nor our Terms of Use permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.

CheKit Services

Services

CheKit provides wildfire preparedness services through providing a fire-retardant spray service to the address listed in your Account (the “Property”), and as further described in Exhibit A attached hereto (the “Service”). The Service is preventative in nature and designed to reduce, not eliminate, the risk of fire damage. You are advised to maintain appropriate property insurance coverage for the Property, including coverage for fire damage. You acknowledge that the Service is not a substitute for adequate property insurance.

1.2 Service Limitations

By signing up for the Program you expressly acknowledge and agree that (i) the Service is not a substitute for other fire safety measures, including but not limited to smoke detectors, fire extinguishers, evacuation plans, and compliance with all applicable fire safety codes and regulations; (ii) the effectiveness of the fire retardant spray may be affected by various factors beyond CheKit’s control, including but not limited to weather conditions, the intensity and nature of any fire, the condition of the Property, and the maintenance of the treated areas; (iii) the fire retardant spray has a limited effective lifespan of an average of 48 hours (depending on humidity and other weather conditions) and may require periodic reapplication to maintain its effectiveness; (iv) CheKit is not responsible for or liable for delayed or undelivered messages related to the Service; and (v) CheKit cannot guarantee availability of the Service due to the unpredictable nature of wildfires.

CheKit relies on approved third parties such as the California Department of Forestry and Fire Protection (“Cal Fire”) for information regarding the existence and location of fires. CheKit cannot guarantee the accuracy of this information, and in some cases such third parties may fail to identify a fire’s existence or accurately report its location. If you identify a fire in your area, you should immediately call emergency responders. CheKit cannot and is unable to accept reports of fires by you or any other individual. CheKit is not responsible for or liable for its failure to be notified of active fires by its third parties and will not be deemed on notice merely because you attempted to contact us about a fire.

1.3 Service Availability

We cannot guarantee the availability of the Service at any particular time, and we reserve the right to change and/or cancel our service offerings through the Service, without notice, at any time. The Service and all new Program membership requests are subject to acceptance and availability. In certain circumstances, our services may become unavailable after a Service request has been placed (for example, if we or our authorized third parties are unable to obtain the fire-retardant spray used in performing the Service). In such a case, we will either notify you that we are unable to process your Service request, or a refund will be issued to your payment method for the Activation Fee (as defined in Exhibit A). Service requests will be fulfilled in accordance with this section 1.3 in the order they are received.

Right to Refuse Service

2.1 CheKit’s Right to Refuse Service

CheKit reserves the right to decline or suspend the Service at any time and for any reason with or without notice to you. Conditions that will result in an inability to offer the Service include, but are not limited to (i) if the Property is too close to an active fire zone; (ii) access to the Property is closed, blocked, or deemed unsafe in CheKit’s sole discretion (including in the event of environmental or other health risks); (iii) the Service cannot be performed due to an order by law enforcement, fire fighter personnel, evacuation orders, or any other restriction imposed by state or local authorities; and (iv) you have not opted-in to an activation notice in a timely manner, to be determined by CheKit in its sole discretion.

2.2 Your Responsibilities

By enrolling in the Program, you shall be responsible for the following: (i) maintaining current and accurate contact or other information in your Account (such as a description of property or security access codes); (ii) responding to opt-in activation requests in a timely manner; (iii) providing unobstructed access to the Property; (iv) ensuring pets, personal, objects, and others on the Property do not interfere with the Service; and (v) only listing in your Account Property addresses that are stand-alone properties you own.

CheKit may, in its sole discretion, decline to provide the Service to you if you fail to meet the foregoing requirements.

Additional Terms for Program Members

In addition to the terms described in our Terms of Use, by participating in the Program you agree to the following:

3.1 Representations and Warranties; Warranty Disclaimer

You and CheKit each represents and warrants to the other that (i) it has the full right, power, and authority to enter into this Agreement and to perform its obligations hereunder; (ii) the execution of this Agreement by its representative or other household members has been duly authorized by all necessary parties; and (iii) this Agreement constitutes the legal, valid, and binding obligation of such party, enforceable against such party in accordance with its terms.

In addition, you represent and warrant that the Property or Properties listed in your Account are stand alone properties owned by you.

EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, CHEKIT HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CHEKIT SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL PREVENT FIRE DAMAGE TO THE PROPERTY.

3.2 Limitation of Liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SERVICE PROVIDED BY CHEKIT DOES NOT GUARANTEE THE PREVENTION OF FIRE DAMAGE TO THE PROPERTY. YOU HEREBY RELEASE, WAIVE AND DISCHARGE CHEKIT FROM ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION RELATED TO FIRE DAMAGE OR OTHER LOSSES SUSTAINED BY YOU OR THE PROPERTY, REGARDLESS OF WHETHER THE SERVICE WAS SUCCESSFUL IN PREVENTING SUCH DAMAGE. IN NO EVENT SHALL CHEKIT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT CHEKIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CHEKIT’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, EXCEED THE TOTAL AMOUNT PAID TO CHEKIT PURSUANT TO THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

3.3 Indemnification

You agree to indemnify, defend, and hold harmless CheKit and our affiliates, and their respective business partners, licensees, licensors, officers, directors, managers, members, employees, and agents harmless from and against any and all claims, demands, losses, damages, liabilities, deficiencies, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees and costs, that arise out of or result from: (i) your breach of any representation, warranty, or obligation under this Agreement (including those stated in Section 2.2 above); (ii) your negligence or willful misconduct; or (iii) any claims by third-parties (including, without limitation, claims by neighbors, adjacent property owners, or other affected parties) that result from your use of the Service.

Fees and Payment

When you enroll in the Program, you will be charged the current price of the Subscription Fee (as defined in Exhibit A), a one-time initiation fee, plus any applicable taxes and other charges as described in Exhibit A (including Activation Fees) attached hereto. Subscription prices, fees, or other charges are subject to change with or without notice and may affect your Subscription Fee from one billing cycle to the next.

WHEN YOU ENROLL IN THE PROGRAM, WE MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD (AS DESCRIBED IN OUR TERMS OF USE). SUCH NOTICE WILL NOT AFFECT ANY CHARGES SUBMITTED BEFORE WE COULD REASONABLY ACT TO TERMINATE YOUR AUTHORIZATION OR TO CHANGE YOUR PAYMENT METHOD OR THE SUBSCRIPTION.

You agree to pay all fees and taxes incurred by you or anyone using your account. All Service requests and Activation Fees paid are non-refundable. Failure to pay any fees or late payments may result in CheKit’s termination of your membership to the Program and/or CheKit’s inability to provide the Service to you. You may cancel your subscription to the Program at any time, however, there are no refunds for cancellation. If you cancel before the end of your billing cycle, you will have access to your account for the remainder of the current billing cycle. In the event that CheKit suspends or terminates your account or the Service for your breach of this Agreement (including breach of the Terms of Use), you understand and agree that you shall receive no refund or exchange for any unused time on the current billing cycle, or for anything else.

Term and Termination

5.1 Term

The term of this Agreement commences as of the Effective Date and continues in effect until terminated by you or CheKit.

5.2 Termination

CheKit may terminate this Agreement and/or terminate your permission to use the Service immediately, without prior notice or liability, if (i) you commit any breach of this Agreement (including breach of the Terms of Use); (ii) we discontinue the Service; or (iii) we are prevented from providing the Service for any reason.

You may terminate this Agreement at anytime by cancelling your subscription to the Program as described in Section 6.4 of our Terms of Use or by emailing us at info@chekit.com

Upon termination of this Agreement (i) CheKit shall have no further obligations to you under this Agreement; (ii) all amounts payable to CheKit shall become payable and due no later than fifteen (15) days after the date of termination; and (iii) Sections 3, 5, and 6 will survive any termination of this Agreement.

Miscellaneous

6.1 Modification and Severability

This Agreement may not be modified or amended except by a written instrument signed by both parties. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. If any provision is held to be excessively broad, it shall be reformed to the maximum extent permitted by law.

6.2 Assignment

The rights granted to you under this Agreement may not be assigned without CheKit’s prior written consent, and any attempted unauthorized assignment by you shall be null and void. CheKit may assign this Agreement to a successor in interest pursuant to a merger, reorganization, or sale of all or substantially all of its assets or business

6.3 Disputes and Attorneys’ Fees

By accepting the terms of this Agreement and enrolling in the Program, you expressly agree to the arbitration of all Disputes as described in Section 18 of our Terms of Use. In the event any litigation or arbitration is brought by either party in connection with this Agreement, except as otherwise provided in Section 18.7 of the Terms of Use, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in any legal action relating to this Agreement.

6.4 No Waiver

Our failure to enforce any provision of this Agreement shall in no way be construed to be a waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by CheKit of any provision, condition, or requirement of this Agreement shall not be understood as a waiver of your obligation to comply with the same provision, condition, or requirement at a later time.

6.5 Equitable Remedies

You acknowledge and agree that CheKit would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breach of these terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.

6.6 Force Majeure

CheKit shall not be liable or responsible to you, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond CheKit’s control, including, without limitation: acts of God; flood, fire, earthquake, or explosion; war, invasion, hostilities, terrorist threats or acts, riot, or other civil unrest; epidemic or pandemic; government order or law; actions, embargoes, or blockades in effect on or after the date of this Agreement; action by any governmental authority; and national or regional emergency.

IN WITNESS WHEREOF, you agree to be bound by the terms of this Agreement and have executed this Agreement as of the Effective Date below.

By: _____________________________ Name: _____________________________ Effective Date: _______________________

EXHIBIT A

Service Summary

CheKit provides wildfire preparedness service between the months of October through February (the “Service Window”) by offering fire-retardant spray services to its Program members when conditions are deemed safe for crew deployment. While you may request the Service at any time during the Service Window, CheKit will notify you and provide you with the option to activate the Service when a fire is identified within 15 miles of your Property (the “Event”).

Membership/Subscription Fees

When you enroll in the Program you are committing to an annual membership, that will automatically renew unless you notify us of your desire to cancel prior to the renewal period. The Program fees consist of a one-time initiation fee, a subscription fee (which may be paid in 12-montly installments or one annual payment), and fees for any Service requests you make to have your Property sprayed with fire-retardant (“Activation Fees”).

Initiation Fee: $299

Subscription Fee:

Monthly: $180/month for 12 months.

Annual: $1,999 due annually on the date of enrollment into the Program.

Activation Fee:

Activation Fees are based on the square footage of your Property. An estimate of the Activation Fee will be provided at the time of signing up based upon the information you provide in your Account. CheKit may independently verify this information and adjust your Activation Fee as appropriate. Failure to provide accurate information about your Property may result in an inability to perform the Service and/or termination of your Program membership and Account at CheKit’s sole discretion.

The Activation Fee is subject to a minimum charge which will be provided to you at sign up. The minimum charge and the cost per square foot are subject to change with each membership renewal.

All fees are exclusive of applicable taxes, payment method fees, and other charges, which shall be your sole responsibility. All fees are subject to change; any fee changes will take effect following notice to the contact information provided in your Account.

Activation Process

You will receive a notification via text and/or through the CheKit app, if an Event is identified within a 15-mile radius of your home as further described in Section 1.2.

You must opt-in via the notification to authorize the Service for that specific Event.

If you decline the Service, CheKit will not perform the Service unless you later request the Service and CheKit, at its sole discretion, elects to perform the Service.

When you request the Service either via opting-in to an Event notification or when you request the Service outside of an Event, you will be required to pay the Activation Fee.

Your Service request is subject to acceptance by CheKit, in its sole discretion. CheKit will notify you once your Service request has been accepted and provide you with tracking information about the vehicle assigned to spray your Property. If CheKit is unable to accept your Service request for any reason, CheKit will notify you and/or refund you the Activation Fee.

Spray Eligibility Criteria

CheKit shall, in its sole discretion, establish a safety perimeter around the Event which may be based on the conditions deemed safe for crew and equipment deployment and any mandates or evacuation zones recommended by applicable government or local authorities. Safety perimeters are subject to change and will be adjusted based on the circumstances of the Event.

Your Property must be outside of the safety perimeter established by CheKit.

Conditions must allow for safe crew access, clear evacuation routes, and no active fire within 2 miles of the Property.

CheKit will not enter any mandatory evacuation zones established by government or other applicable authorities, including evacuation zones recommended by any fire departments.

Your Property must be a stand-alone property owned by you.