LIFEPASS END-USER LICENCE AND TERMS OF USE

Where you are purchasing a single licence, then reference in these terms to user/you shall be deemed to refer to you. Where you are purchasing a group licence, then reference in these terms to user/you shall be deemed to refer to you and each of the members of your group and any acknowledgement or agreement by the user/you, or obligation upon the user/you to do or not to do anything, or exclusion or limitation by us, set out in these terms is in each case accepted by you for yourself and each of the members of your group.

1. WHO WE ARE

We are Mountain Technologies SRL, a company incorporated in Italy with company registration number 137 394 309 68 and registered office address at Bastioni di porta nuova 21, Milan, Milano, 20121, Italy.

2. YOUR RIGHT TO USE LIFEPASS

By accepting these terms, we license the user to use the location aid comprising:

• LifePass device (Device);
• any user documentation made available to the user with the Device (Documentation); and
• the service, better described in the next point 3, we provide to the user through the Device and Lifepass app or wesbite (Service),

(together, LifePass) as permitted in these terms for the purchased hire period (Hire Period).

LifePass can be rented, together with the purchase of the skipass, in three ways:

• Online via our website.
• At a LifePass self-service kiosk by following the instructions provided on the kiosk display.
• At the ski resort ticket office.

In any case, to activate your LifePass you will need to register your personal account, accept these terms and conditions, and download to your phone the app that allows you to access the digital map of your area and share your location.

To complete the registration, you will be required to provide valid and up-to-date personal information, including your name, an email address, and a phone number. Once you finish registering your personal account on the website, you will receive a message at the number you provided with a code to activate the account.

It will be the Customer's responsibility to keep the password and account login details confidential and secure. We are not responsible for any misuse of the Customer's account resulting from third-party access and use of the password and account login information.

For rental via the website, you must select your desired ski resort from the available options and follow the 4-step procedure shown on the site. At the end of the procedure, you will receive a summary of your reservation.

Delivery of the Device and the skipass, even in the case of rental via the website, will take place exclusively at an authorized kiosk or at the ticket office.

At the end of the Rental period, you must return your LifePass Device at any self-service kiosk or return box located within the partnered ski resort.

3. WHAT LIFEPASS DOES

LifePass is intended to be an aid which:

• lets the user locate other LifePass Devices with which the user's Device has been successfully paired; and/or
• alerts the ski resort as to the location of the Device as and when the SOS function has been successfully activated on the Device in an emergency.

Please note that the functionality of LifePass will not commence unless and until you have activated your account and accepted these terms.

Please note: The terms and conditions established by the service provider apply to the Skipass you purchased together with the LifePass.

4. WHAT IS DEEMED AN EMERGENCY

You should only activate the SOS function on the Device in an emergency.

An emergency is a situation involving imminent or immediate threat to life and health such as a severe injury, being trapped in dangerous weather conditions, or becoming stranded in a hazardous location with no viable escape route.

If you activate the SOS function in any other circumstances we reserve the right to charge you a false alarm fee of €500.

Provided you have notified us in accordance with section 14 below, we will not you charge you a false alarm fee where your Device has been lost or stolen.

5. USER SAFETY

LifePass is not a navigation aid. To the extent that LifePass is used for anything other than its intended purpose, the user does so entirely at their own risk.

LifePass must only be used when the user is stationary.

The user's safety is primarily the USER'S own responsibility. With this in mind, we would recommend that the user:

• be sensible, stay alert and respect the mountain and those around the user; and
• always evaluate the risks before taking part in an activity in any particular area or particular conditions; and
• never ski, bike or hike outside of the user's ability or fitness level, or in such places, or in such a way, or at such a speed as to endanger themselves or those around the user or their property; and
• before the user sets off: (1) check the weather forecast and safety bulletins such as the avalanche forecast, (2) make sure the user has the right equipment for the conditions they will encounter: terrain, weather, slopes, lifts, etc. (3) tell people where the user is going, and (4) familiarise themselves with, and abide by, the rules and regulations of the ski resort, national park or outdoor area; and
• where the environment or conditions are not familiar to the user, ensure that the user is accompanied by a qualified and experienced professional.

6. USER PRIVACY

Under data protection laws, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Notice which can be accessed via this link www.lifepass.eu/privacy-policy and it is important that you read that information.

By using LifePass, you agree to us collecting and using technical information about your use of LifePass to improve our products and to provide any services (including the Service) to you.

LifePass relies upon, and will make use of, location data sent from the Device and by using LifePass you consent to the transmission, collection, retention, maintenance, processing and use of that location data by us and our employees, subcontractors and licensees to provide the Service and improve our location-based products and services.

7. RETURN OF YOUR LIFEPASS DEVICE

Title in the LifePass Device remains at all times with us.

At the end of the Hire Period:

• the Device will automatically unpair from your account and the Service will no longer be available to the user;
• the user is responsible for returning the Device to a dedicated return point (during normal opening hours and subject to any exceptional closure).

8. YOUR RIGHT TO A REFUND AND WITHDRAWAL

The following refund terms apply solely to the LifePass device you have rented. With respect to the skipass or any other services purchased and/or rented in conjunction with the LifePass, the refund policies of the company operating the ski resort shall apply.

Pursuant to Article 59, letter N of the Consumer Code, the right of withdrawal does not apply, as this pertains to a leisure service to be performed on a specific date or within a defined period.

However, if you believe that any component of the LifePass device is defective or not functioning properly, please contact customer support for assistance. If the device is confirmed to be defective, you may elect to have it repaired or replaced, or to receive a full refund, provided that the damage is not due to your actions.

We shall not be liable for any inability to use the LifePass device arising from circumstances beyond our control, including but not limited to: travel restrictions imposed by authorities, lack of snow, adverse weather conditions at the ski resort, or similar events. We therefore recommend obtaining travel insurance to cover any costs incurred due to the inability to use the LifePass device under such circumstances.

9. LICENCE RESTRICTIONS

The user agrees not to:

• rent, lease, sub-license, loan, provide, or otherwise make available LifePass (or any part of it) in any form to any person without prior written consent from us;
• copy LifePass (or any part of it), except as part of the normal use of LifePass; and
• translate, merge, adapt, vary, alter or modify LifePass (or any part of it) nor permit LifePass (or any part of it) to be combined with, or become incorporated in, any other programs, except as necessary to use the Service as permitted in these terms; and
• disassemble, de-compile, reverse engineer or create derivative works based on LifePass (or any part of it) nor attempt to do any such things, except to the extent that such actions cannot be prohibited by law.

The user agrees to comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by LifePass (or any part of it).

10. ACCEPTABLE USE RESTRICTIONS

The user shall not use LifePass (or any part of it):

• in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously; or
• in any way that infringes our intellectual property rights or those of any third party; or
• to transmit any material that is defamatory, offensive or otherwise objectionable; or
• in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or
• to collect or harvest any information or data from LifePass (or any part of it) or our systems or attempt to decipher any transmissions to or from the servers running LifePass (or any part of it).

11. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in LifePass (and each part of it) throughout the world belong to us (or our licensors) and the rights in LifePass (and each part of it) are licensed (not sold). The user has no intellectual property rights in, or to, LifePass (or any part of it) other than the right to use in accordance with these terms.

12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY USER

We are responsible to the user for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage the user suffers that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew that it might happen.

We do not exclude or limit in any way our liability to the user where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

We are not liable for business losses. LifePass is for private use. If the user uses LifePass (or any part of it) for any commercial, business or resale purpose, we will have no liability to you or the user for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Exclusions & Limitations.

• Other than as set out above, to the fullest extent permitted by law, we exclude liability to the user under or in connection with this agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise.
• We do not undertake, represent, warrant or promise: (a) that LifePass will locate the user if they are lost (it is a location aid only); or (b) that LifePass will be free of weakness in computational logic (for example, code) in its software or hardware components; or (c) that use of LifePass will be uninterrupted or error-free.
• Although we make reasonable efforts to update the information provided by LifePass, we make no undertaking, representation, warranty or promise, whether express or implied, that such information is accurate, complete or up to date. In particular, to the fullest extent permitted by law, we shall have no liability to the user for: (1) any failure of LifePass to display information or updated information for any technical or connectivity reasons; or (2) any damage caused by errors or omissions in any information, instructions or scripts used in connection with LifePass that have been provided to us by third parties (including the ski resort) (or for any conclusions drawn from, or actions taken as a result of, any such error or omission); or (3) any actions taken by us at the ski resort's direction.

Battery Life. Battery life of the LifePass Device may vary and the LifePass Device may need to be replaced during the course of the Hire Period.

Check that LifePass is suitable for user. LifePass has not been developed to meet the user's individual requirements. Please check that the facilities and functions of LifePass (as described on our website at www.lifepass.eu) meet the user's requirements.

We are not responsible for events outside our reasonable control. If our provision of the Service or support for LifePass is delayed by an event outside our reasonable control (including but not limited to failure of a public or private telecommunication network), then we will contact you as soon as we can to let you know and we will take steps to seek to minimise the effect of the delay, but we will not be liable for any delay or failure in the performance or use of LifePass caused by that event.

We shall not be liable for the infrastructure or access to the ski areas, which remain under the responsibility of the ski resort.

13. WE MAY TERMINATE USE OF LIFEPASS IF USER BREAKS THESE TERMS

In the event that you (the user) seriously and repeatedly violate these terms and conditions, we reserve the right to suspend your right to use LifePass at any time, after contacting you in advance.

In such a case, the user must cease all activities authorized under these terms, including the use of LifePass (or any part of it), and return the device.

14. SUPPORT & CONTACT INFORMATION

Support. If you want to learn more about the Service or have any problems using it, please take a look at our support resources at www.lifepass.eu.

Contacting us. If you think the Device or Service is faulty, your Device has been lost or stolen or you wish to contact us for any other reason, please email our customer service team at support@lifepass.eu or contact us at +44 78 25 39 45 27

How we will communicate with you. If we have to contact you, we will do so by way of a telephone call, email or SMS, using the contact details you have provided to us.

15. YOU MUST BE 18 TO ACCEPT THESE TERMS

You must be 18 or over to accept these terms and buy a single or group licence to use LifePass.

16. UPDATES & CHANGES TO LIFEPASS

From time to time, we may automatically update LifePass (or any part of it) to improve performance, enhance functionality, reflect changes to the operating system or address security issues.

17. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES THAT THE USER MAY LINK TO

The LifePass app and website may contain links to other independent websites. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy notices (if any).

The user will need to make their own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

18. TRANSFER OF THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this agreement.

You may only transfer your Device and your rights or obligations under these terms to another person with our prior agreement in writing.

19. RIGHTS OF THIRD PARTIES

Notwithstanding any other provisions of this agreement, nothing in this agreement confers or purports to confer any right to enforce any of its terms on any person who is not a party to it.

20. IF A COURT FINDS PART OF THIS AGREEMENT ILLEGAL, THE REST WILL CONTINUE IN FORCE

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

21. EVEN IF WE DELAY IN ENFORCING THIS AGREEMENT, WE CAN STILL ENFORCE IT LATER

Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that the user does anything they are required to do under these terms, or if we delay in taking steps against the user in respect of their breaking this agreement, that will not mean that the user does not have to do those things and it will not prevent us taking steps against the user at a later date.

22. DISPUTE RESOLUTION

This agreement and any dispute or claim arising out of or in connection with this agreement or its subject matter (including non-contractual disputes or claims) are governed by the laws of Italy and you (and we) can bring legal proceedings in respect of this agreement and/or LifePass in the courts of Italy. If you live outside of Italy, you can bring legal proceedings in respect of this agreement and/or LifePass in either the courts of Italy or your local courts.

Please note that if you are resident in the EU disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform (ec.europa.eu/consumer/odr).