Service Terms for inReach® Personal Service Plans

1.1. Service Plan Required. You must subscribe to an inReach satellite communications service plan (a "Service Plan") to utilize the inReach Services, including SOS emergency message monitoring and coordination services ("SOS Emergency Services"), with your inReach Product. Each inReach Product requires its own Service Plan.

1.2. Upgrade or Downgrade. You may upgrade a Service Plan for any inReach Product to a more inclusive Service Plan of the same type at any time. For Annual Contract Plans, any change to a more-inclusive Annual Contract Plan will take effect immediately and your account will be credited on a prorated basis for the amount paid under your previous plan. Any change to a less-inclusive Annual Contract Plan will take effect immediately and your account will be credited on a prorated basis for any applicable price difference, less applicable fees. For Service Plans that are not Annual Contract Plans, any change to a more-inclusive Service Plan will take effect immediately, your account will be credited on a prorated basis, and your billing date will be changed to the date you upgrade. Any change to a less-inclusive Service Plan that is not an Annual Contract Plan will take effect at the end of the applicable billing period.

1.3. Personal Use. Your inReach Product and its associated communication and SOS Emergency Services are not authorized to be used in a commercial or business environment under the terms of these Service Terms. If you wish to use your inReach Product and its associated communication and SOS Emergency Services in a commercial or business environment, you must sign up for a Professional Service Plan and agree to the Service Terms for inReach Professional Service Plans.

1.4. Data Transmission/No Credits. Garmin will exercise a commercially reasonable level of care, but makes no representation as to the success of any data transmission. Regardless of whether a data transmission is successful, no refunds or credits will be given. In addition to limitations resulting from incorrect use (e.g., next to or under an obstruction), communications systems have inherent characteristics that can create dropped data transmissions. Dropped data transmissions, regardless of type, will not be credited regardless of cause. Garmin shall not be liable for any damages that may result from such dropped data transmission.

If you are resident in the EEA, UK, Switzerland, Australia or New Zealand only: our ability to limit our obligations and our liability to you in this Section 1.4 is subject to your Mandatory Consumer Rights described at the end of these Service Terms.

1.5. Misuse. You agree that you will not use the inReach Services or any inReach Product:

• to abuse or misuse the SOS Emergency Services;
• to utilize your inReach Product for the commercial tracking of assets and/or personnel or anyone other than you;
• to send messages that are offensive, defamatory, abusive or obscene or intended to harass;
• for any purpose in violation of law;
• in any manner that infringes or misappropriates third-party rights; or
• in any manner which overloads or unreasonably interferes with the inReach Services or the Satellite Systems.

1.6. Text Messaging. Text messages are up to 160-character custom or predefined quick text messages that can be transmitted to a person or persons designated by you. Designated persons may include your personal contacts or social networking sites such as Twitter or Facebook. You are solely responsible for any data or content that you send via text messaging, including any consequences of such messaging. Bundled messages must be used by the end of each month of service and do not rollover to the next month.

1.7. Message Content. When composing inReach messages, you acknowledge and agree that it is your sole responsibility to ensure that you select the intended designated contact from your available contacts and are satisfied with the content of your inReach message prior to sending it. You acknowledge that inReach messages may include your location information. Garmin may also disclose such personal data or message content as may be in the possession of Garmin to third-party service providers and/or competent legal authority in connection with your use of the SOS Emergency Services associated with your Service Plan in order to assist in the effectuation of a rescue, or (if you reside in New Zealand, where necessary to prevent or lessen a serious threat (as defined in the Privacy Act 1993) to public health or public safety, or to the life or health of the individual concerned or another individual), or in relation to a request made in accordance with applicable law, or as otherwise required or permitted by applicable laws. In order to provide the inReach Services, Garmin may be required to transmit or distribute your message content over various public networks and in various media. Garmin may also be required to make changes to your message content if so required by the technical requirements of connecting networks, devices, services or media. Garmin reserves the right to disclose personal and location data as well as remotely activate SOS features when notified by competent legal authority that a distress situation exists for the user. The basis on which we may access and use any personal data described above is set out in Garmin's inReach Privacy Policy.

1.8. Tracking Services. Should you choose to purchase a Service Plan with tracking service, you may use the inReach Services in compliance with the inReach Product owner's manual and its normal message transmission schedule as often as you wish (subject to transmission speed limitations described in Section 2.4 below), provided that such use is for your personal, recreational, non-commercial use. Unauthorized commercial use will result in additional charges. Tracking services are not intended for and may not be used for tracking of enterprise assets and/or personnel or any person other than you.

1.9. Transmission Speeds. For Service Plans that include unlimited texting or tracking, data transmission speeds may be reduced for the remainder of any billing period in which your message transmission volume exceeds 1000 text messages (or the approximate equivalent amount of data). This volume threshold is subject to change, so please periodically visit explore.garmin.com for updates. We shall provide notice of such changes where required by your Mandatory Consumer Rights. If your message transmission volume results in transmission speed reduction for two or more consecutive billing periods, data transmission speeds may be reduced for subsequent billing periods until your transmission volume falls below threshold levels. SOS message transmission speed will not be impacted by reduced data transmission speeds.

1.10. Activate and Use with Garmin Only. You must activate your inReach Product directly with Garmin using the activation portal at explore.garmin.com and choosing one of the available Service Plans. Activation of inReach Products on non-Garmin Iridium accounts may severely impact the functioning of your inReach Product and, to the maximum extent permitted by applicable law, will void any warranties. Injury or death could result from an improperly activated inReach Product. Activation of inReach Products on non-inReach Iridium accounts violates the terms of your agreement with Garmin. Unless expressly approved by Garmin in writing, you may not to use any equipment other than an inReach Product in connection with the inReach Services. Failure to adhere to these restrictions may result in termination of your subscription by Garmin. You agree that you will not attempt to unlock or modify, or reverse engineer your inReach Product in order to modify it or render it capable of performing functions outside the approved Iridium network described in these Service Terms, for the purpose of re-selling the inReach Product to a third-party, or for any purpose otherwise not permitted by these Service Terms.

If you are resident in the EEA, UK, Switzerland, Australia or New Zealand only: our ability to limit our obligations and our liability to you in this Section 1.10 is subject to your Mandatory Consumer Rights described at the end of these Service Terms.

2.1. Familiarization with your inReach Product. You understand and agree that it is your responsibility to familiarize yourself with the operation of your inReach Product, including reading your owner's manual, available at support.garmin.com. You agree that you will use the inReach Product only in accordance with those instructions. It is also highly recommended that you practice properly using your inReach Product by sending test messages and fixing your GPS coordinates.

2.2. Synchronization of Data. It is your sole responsibility to ensure that you have followed the synchronization process outlined on explore.garmin.com to export any updates and/or changes to your inReach registration data, contact information, designated contacts, social connectivity settings, supported inReach Service Plan options and pre-programmed messages from your inReach account to your inReach Product.

2.3. Coverage. You may use your inReach Product anywhere there is coverage, subject to any applicable restrictions on your use due to export laws, local laws, licensing requirements and regulations. You are responsible for ensuring compliance with any such requirements and regulations.

2.4. Limitations. inReach Services may become limited or temporarily unavailable without notice from time to time. Garmin does not own or control the service providers that operate the links between the satellite ground stations, including satellite antennas and supporting equipment, and the satellites, nor does Garmin own or control the Iridium Satellite Constellation (the "Satellite Systems"), and cannot be responsible for any service interruptions that are associated with the Satellite Systems or ground stations and the interconnecting networks. Neither does Garmin own or control the cell phone and/or email service providers who receive the email and SMS messages generated from inReach Products, and is not responsible for any failure or delay by the email and cell phone providers related to these messages. Satellite service is wireless and requires a clear line of sight toward the satellite; therefore, the inReach Services are inherently subject to transmission and reception limitations caused by: (i) your location, including conditions that obstruct the line of sight between you and the Satellite Systems; (ii) the condition of the Satellite Systems and ground stations; (iii) the condition of your inReach Product; and (iv) weather conditions, atmospheric conditions, magnetic interference, environmental, and other conditions beyond Garmin's control. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GARMIN GIVES NO WARRANTY OR GUARANTEE IN RELATION TO THE AVAILABILITY, SUITABILITY OR ACCURACY OF THE INREACH SUBSCRIPTION SERVICES OR IN RELATION TO AVAILABILITY, SUITABILITY OR MAINTENANCE OF THE SATELLITE SYSTEMS USED BY THE INREACH PRODUCTS TO TRANSMIT DATA TRANSMISSIONS, INCLUDING SOS MESSAGES.

IF YOU ARE RESIDENT IN THE EEA, UK, SWITZERLAND, AUSTRALIA OR NEW ZEALAND ONLY: OUR ABILITY TO LIMIT OUR OBLIGATIONS AND OUR LIABILITY TO YOU IN THIS SECTION 2.4 IS SUBJECT TO YOUR MANDATORY CONSUMER RIGHTS AS SET OUT AT THE END OF THESE SERVICE TERMS.

2.5. Commercial Items/US Government Restricted Rights. The inReach Products and any associated software and/or documentation have been developed entirely with private funds. The use of inReach Products and any associated software and related documentation by any entity of the United States Government is restricted by the terms of these Service Terms. The inReach Products and any associated software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as specified under 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

3.1. SOS Emergency. SOS Emergency Services are provided by the International Emergency Response Coordination Center ("IERCC") operated by Garmin and/or its affiliates. Garmin reserves the right to disclose personal and location data to its third-party service providers, and/or to competent legal authority, as described in Garmin's inReach Privacy Policy. Garmin also reserves the right to remotely activate SOS features when notified by competent legal authority that a distress situation exists for the user. Garmin intends that the IERCC will be available at all times in all locations where your inReach Product works; however, it is possible that at some times and some locations, the IERCC will not receive your SOS message or that your SOS message will be delayed. The applicable emergency responder(s) contacted by the IERCC determine when, how, and even if, to conduct a search and rescue in accordance with their standard policies and procedures, subject to such constraints as operational limitations, available resources, technical feasibility, meteorological conditions, medical and/or safety concerns whether for you or the emergency responder(s). In no event do these Service Terms create a duty to rescue. The basis on which we may access and use any personal data described above is set out in Garmin's inReach Privacy Policy.

3.2. SOS Monitoring. Upon receipt of an SOS message, IERCC personnel will: (i) attempt to contact, if available, the primary and/or secondary contacts identified by you in your registration data to attempt to validate the SOS message, (ii) identify appropriate emergency responder(s) according to available location coordinates; (iii) attempt to contact the appropriate emergency responder(s) and inform them of the relevant facts in the IERCC's possession (including your registration data information and/or location coordinates); (iv) if you are traveling outside of your home territory, and it is consistent with IERCC procedures, attempt to contact the embassy of your government consistent with your registration data, either in the location identified by your location coordinates or your government's Washington, D.C. based embassy, and provide embassy staff with relevant facts in the IERCC's possession; and, (v) provide updates of location coordinates as available to the identified emergency responder(s). Upon contacting the emergency responder(s) and/or, as appropriate, the applicable embassy, and informing them of all relevant facts, Garmin is released from all further responsibility and/or obligation to take any further action whatsoever. Should Garmin have reasonable cause to believe that an emergency condition does not exist, Garmin reserves the right to solely attempt to contact, if available, the primary and/or secondary contacts identified by you. The basis on which we may access and use any personal data described above is set out in Garmin's inReach Privacy Policy.

3.3. False SOS Emergency Messages. You are solely responsible for any charges that may be assessed by emergency responders for either false SOS messages and/or in relation to search and rescue activities resulting from the transmission of a SOS message from your inReach Product. Should you deliberately or negligently misuse the SOS Emergency Service, the Garmin reserves the right to assess a fee in order to recoup its costs in relation to responding to such misuse. Negligent and deliberate misuse includes, but is not limited to, pressing the SOS button to 'see if it works' or otherwise knowingly pressing the SOS button when no emergency situation exists. Should it be determined by Garmin that you have deliberately or negligently misused the SOS Emergency Service, Garmin will, without further notice, charge your Payment Method at a rate of $340 USD (or equivalent amount in your local currency) per hour, or stated part thereof, for a minimum charge of one hour and maximum charge of two (2) hours, for each such false SOS message event, and you shall be responsible for paying any such fee.

3.4. IF YOU ARE RESIDENT IN THE EEA, UK, SWITZERLAND, AUSTRALIA OR NEW ZEALAND ONLY: OUR ABILITY TO LIMIT OUR OBLIGATIONS AND OUR LIABILITY TO YOU IN THIS SECTION 3 IS SUBJECT TO YOUR MANDATORY CONSUMER RIGHTS AS SET OUT AT THE END OF THESE SERVICE TERMS.

4.1. DISCLAIMER OF WARRANTY AND LIABILITY FOR THE INREACH SERVICES AND SOFTWARE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE INREACH SERVICES AND ANY ASSOCIATED SOFTWARE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE INREACH SERVICES AND ANY ASSOCIATED SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND ALL OTHER WARRANTIES, REPRESENTATIONS, GUARANTEES AND CONDITIONS (EXPRESS OR IMPLIED) INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE INREACH SERVICES AND/OR ANY ASSOCIATED SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION WILL BE WITHOUT INTERRUPTION OR ERROR-FREE, OF SATISFACTORY QUALITY, OF QUIET ENJOYMENT, THAT ANY DEFECTS WILL BE CORRECTED, OF NON- INFRINGEMENT OF THIRD- PARTY RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXPRESSLY EXCLUDED FROM THESE SERVICE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GARMIN GIVES NO WARRANTY OR GUARANTEE IN RELATION TO THE AVAILABILITY, SUITABILITY OR ACCURACY OF THE INREACH SERVICES, ANY ASSOCIATED SOFTWARE, OR IN RELATION TO AVAILABILITY, SUITABILITY OR MAINTENANCE OF THE SATELLITE SYSTEMS USED BY THE INREACH PRODUCTS TO TRANSMIT DATA TRANSMISSIONS, INCLUDING SOS MESSAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GARMIN MAKES NO WARRANTIES OR GUARANTEES RESPECTING ANY HARM THAT MAY BE CAUSED BY TRANSMISSION OF A COMPUTER VIRUS, HACKING BY A THIRD-PARTY, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY DISTRIBUTOR, RESELLER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR INREACH PRODUCT, OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE. INREACH PRODUCTS, INREACH SERVICES AND SOFTWARE ARE NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES IN WHICH FAILURE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

ALL WEATHER FORECASTING ON THE INREACH PRODUCTS ARE PROVIDED BY A THIRD-PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GARMIN DOES NOT GUARANTEE THAT THE INFORMATION DISPLAYED ON THE INREACH PRODUCTS IS 100% ACCURATE AND DOES NOT MAKE ANY REPRESENTATIONS, GUARANTEES OR WARRANTEES REGARDING THE CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, OR RELIABILITY OF SUCH INFORMATION. YOU ACKNOWLEDGE THAT ALL DECISIONS MADE USING WEATHER INFORMATION ON THE INREACH PRODUCT WILL BE YOUR SOLE RESPONSIBILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GARMIN EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY ADVERSE CONSEQUENCES OR DAMAGES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY AND/OR DEATH, RESULTING FROM YOUR USE OF THE WEATHER INFORMATION ON THE INREACH PRODUCT OR YOUR RELIANCE THEREON.

4.2. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, GARMIN AND ITS AFFILIATES, SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS HEREBY EXPRESSLY EXCLUDE LIABILITY FOR ANY DAMAGES OR CLAIMS, INCLUDING INJURY OR DEATH, AND ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, RELIANCE, EXEMPLARY OR PUNITIVE LOSS, DAMAGE, COSTS OR EXPENSES (INCLUDING LOSS OF INCOME, MEDICAL AND OTHER EXPENSES, LOSS OF GUIDANCE, CARE AND COMPANIONSHIP), LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF OPPORTUNITY OR LOSS OF ANTICIPATED SAVINGS WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THE PROVISION OF THE INREACH SERVICES (INCLUDING ANY DELAY IN PROVIDING OR FAILURE TO PROVIDE THE INREACH SERVICES) OR THE USE OF THE INREACH SERVICES BY YOU OR BY ANOTHER PERSON, WHETHER OR NOT AUTHORIZED BY YOU TO UTILIZE THE INREACH SERVICES. GARMIN AND ITS SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS EXCLUDE ALL LIABILITY, WHETHER RESULTING FROM CONTRACT, TORT (INCLUDING LIABILITY FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY) OR OTHERWISE IN RESPECT OF ANY LOSS, DAMAGE, COSTS, EXPENSES OR OTHER CLAIMS RESULTING FROM THE ACTS OR OMISSIONS OF SUCH PARTIES, FOR ANY FAULTS, FAILURES OR INADEQUACIES OF THE SATELLITE SYSTEMS OR THE INREACH SERVICES (INCLUDING WITHOUT LIMITATION THE SOS EMERGENCY SERVICES), INCLUDING ANY FAILURE OR DELAY IN THE PROVISION OF INREACH SERVICES CAUSED BY:

IN NO EVENT SHALL THE TOTAL, MAXIMUM, AGGREGATE LIABILITY OF GARMIN AND ITS SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE SERVICE TERMS EXCEED THE AMOUNT OF THE SERVICE FEES PAID BY YOU TO GARMIN.

THE LIMITATIONS OF LIABILITY IN THIS SECTION 4.2 SHALL APPLY TO ALL CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES HOWSOEVER CAUSED AND WHETHER FOR BREACH OF CONTRACT, IN TORT, BY WAY OF NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF GARMIN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE; PROVIDED, HOWEVER, THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION 4.2 SHALL NOT APPLY TO INTENTIONAL OR RECKLESS ACTS OR GROSS NEGLIGENCE ON THE PART OF GARMIN.

IF YOU ARE RESIDENT IN THE EEA, UK, SWITZERLAND, AUSTRALIA AND NEW ZEALAND ONLY: THE LIMITATIONS SET FORTH IN SECTION 4 AND CERTAIN OTHER SECTIONS (AS MARKED BELOW) OF THESE SERVICE TERMS ARE SUBJECT TO THE FOLLOWING MODIFICATIONS:

If you reside in Australia:

If you reside in New Zealand:

If you reside in the EEA, UK, or Switzerland: