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Supplemental Terms for GoGuardian Beacon Review Services

Last Updated Date: April 6, 2020

IMPORTANT: THE BEACON REVIEW SERVICES DESCRIBED AND GOVERNED BY THESE SUPPLEMENTAL TERMS ARE NOT PART OF THE GOGUARDIAN BEACON OFFERING. THEY ARE SUPPLEMENTAL SERVICES THAT SCHOOLS MAY ELECT TO OBTAIN FROM GOGUARDIAN. IF YOU HAVE ANY QUESTIONS ABOUT THE BEACON REVIEW SERVICES, PLEASE CONTACT GOGUARDIANBEACON@GOGUARDIAN.COM.

These supplemental terms (the “Supplemental Terms”), together with the GoGuardian Products Terms of Service and End User License Agreement (“Product Terms”), govern use of the GoGuardian Professional Services described below (as further defined below, the “Beacon Review Services” or “Services”) by the entity identified on the applicable Order Form (“You" or “School”). Capitalized terms used but not defined in these Supplemental Terms shall have the meanings ascribed to them in the Product Terms. Beacon Review Services shall be deemed a GoGuardian Offering under the Product Terms. If these Supplemental Terms are inconsistent with the Product Terms, the Supplemental Terms shall control with respect to Beacon Review Services only.

THESE SUPPLEMENTAL TERMS ARE EFFECTIVE BETWEEN YOU AND GOGUARDIAN AS OF THE DATE YOU INDICATE YOUR ACCEPTANCE BY EXECUTING AN ORDER FORM THAT REFERENCES THESE SUPPLEMENTAL TERMS, BY CLICKING AN “I AGREE” OR “I ACCEPT” BUTTON, OR ACCESSING OR USING THE SERVICES, WHICHEVER COMES FIRST.

THESE SUPPLEMENTAL TERMS REQUIRE THE USE OF ARBITRATION (SECTION 13.2 OF PRODUCTS TERMS) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

1. DEFINITIONS

1.1 Authorized Review School Personnel means an authorized user who (a) is an employee, teacher, or official of School or School’s district, and (b) who has been appointed by School as an individual who is authorized to receive the Screened Alerts resulting from the Services.

1.2 Authorized Review School Personnel Information means information about Authorized Review School Personnel uploaded by School into the GoGuardian Beacon Offering interface. Such information includes the telephone number and email address used by the Authorized Review School Personnel to which Screened Alerts will be sent by GoGuardian and the hours of the day or other timeframe during which such individual is assigned by School to receive the notifications.

1.3 Beacon Review Services or Services means Professional Services designed to assist in and otherwise enhance School’s deployment of the GoGuardian Beacon Offering, as more fully described in these Supplemental Terms.

1.4 Escalation List means the contact information for each of School’s Authorized Review School Personnel, organized by School in the order in which School desires them to be contacted in the event of a Screened Alert resulting from the Services.

1.5 GoGuardian Beacon Offering means the GoGuardian Offering licensed under the name Beacon and designed for use by schools that (a) monitors Managed Devices or Accounts, (b) utilizes machine learning to identify and categorize any such online activity that involves self-harm and suicide-related content, (c) automatically generates an alert, with an assigned Predictive Phase Category, when the tool’s algorithms detect potentially problematic online activity on a Managed Device or Account, (d) automatically delivers the alert to the individual(s) designated by the school (in the tool’s interface) to receive the alert; and (e) track actions taken by the school in respect of the online activity flagged by the automatically generated and delivered alert.

1.6 GoGuardian Review Personnel means any GoGuardian employee tasked with (a) the preliminary review of any alert automatically generated by the GoGuardian Beacon Offering in respect of School’s Managed Device or Account that has a Predictive Phase Category of “Active Planning,” and/or (b) once such alert is screened, the communication of such alert (a Screened Alert) to the Authorized Review School Personnel for School to take appropriate action.

1.7 Predictive Phase Category means the category (e.g., “Active Planning”, “Help & Support”, “Self-Harm”, “Suicide Research”, and “Suicidal Ideation”) automatically assigned when an alert is generated from the GoGuardian Beacon Offering. The category is automatically assigned by the tool’s algorithms based on the type of content it detects having been accessed or generated by the student.

1.8 Screened Alert means any alert with a Predictive Phase Category of “Active Planning” that is automatically generated by the GoGuardian Beacon Offering in respect of School’s Managed Devices and Accounts that is reviewed by GoGuardian Review Personnel as part of the Services hereunder.

1.9 Completed Screened Alert means a Screened Alert that is successfully communicated by GoGuardian Review Personnel to a live person from the Authorized Review School Personnel designated in the School’s Escalation List.

1.10 Same Student Additional Screened Alert means a Screened Alert for a Managed Device or Account associated with a student that was received for review by GoGuardian Review Personnel during the thirty (30) minute period following when a Completed Screened Alert for the same student was received by GoGuardian Review Personnel. 3

2. SERVICES

2.1. Services In order to use the Services, School must be an active subscriber of the GoGuardian Beacon Offering and comply with the Product Terms at all times. School acknowledges and agrees the limited nature and purposes of the Services, specifically:

(a) The universe of alerts reviewed by GoGuardian Review Personnel as part of these Services is limited to alerts for which the GoGuardian Beacon Offering automatically assigns a Predictive Phase Category of “Active Planning” (that is, the online behavior and/or content visited or generated by a student could indicate that the student is actively planning suicide or self-harm (e.g., online research about ways of committing suicide or information about suicide notes)). GoGuardian Review Personnel do not review any other alerts hereunder.

(b) The review provided as part of the Services is limited in scope: GoGuardian Review Personnel review each “Active Planning” alert automatically generated by the GoGuardian Beacon Offering using their reasonable judgment to assess whether the alert meets the criteria established by GoGuardian for the Predictive Phase “Active Planning” and identifies an imminent threat of harm that School should be made aware of as soon as possible (rather than waiting for the next business day when School’s personnel will be in school to check its online account).

(c) If GoGuardian Review Personnel, using their reasonable judgment, determine that a Screened Alert meets the Predictive Phase “Active Planning” criteria and identifies an imminent threat of harm that School should be made aware of as soon as possible (rather than waiting for the next business day when School’s personnel will be in school to check its online account), GoGuardian Review Personnel will contact the Authorized School Personnel in accordance with the protocol described in Section 2.2 so that School can take any and all appropriate actions. School is responsible for maintaining accurate and up-to-date Authorized Review School Personnel Information to ensure the appropriateness and timeliness of the delivery of any Screened Alert notifications hereunder.

(d) While GoGuardian endeavors to provide the Services to School in a manner designed to help you protect your students from suicide, GoGuardian cannot and does not guarantee that the Services will stop or detect potential suicides or risky behavior. School is and shall be solely and entirely responsible for determining the most effective, efficient and safe manner to use the Services.

2.2 Alerts and Notifications. Notwithstanding Section 9 of the Product Terms, solely as part of the Services, GoGuardian reviews alerts generated through School’s GoGuardian Beacon Offering account and will deliver to Authorized Review School Personnel Screened Alerts that meet the Predictive Phase “Active Planning” criteria and indicate an imminent threat of harm that School should be made aware of immediately only through the following means and actions:

(a) First, GoGuardian Review Personnel will send one (1) email to each designated Authorized Review Personnel on the Escalation List (at the email addresses provided by School for each such Authorized Review Personnel as part of the Authorized Review School Personnel Information). The email will indicate that GoGuardian Review Personnel will begin contacting Authorized Review Personnel on School’s Escalation List by telephone because it has identified a Screened Alert that meets the Predictive Phase “Active Planning” criteria and indicates an imminent threat of harm that School should be made aware of immediately.

(b) Second, GoGuardian Review Personnel will attempt to contact at least one (1) Authorized Review School Personnel on the Escalation List by telephone. GoGuardian Review Personnel will make one (1) telephone call to designated Authorized Review School Personnel on the Escalation List (in the order in which they are listed), at the phone number designated by School for such Authorized Review School Personnel in the Authorized Review School Personnel Information until successful contact is made with one (1) designated Authorized Review School Personnel. If GoGuardian Review Personnel is unable to reach the Authorized Review Personnel ‘live’, it will leave a voicemail for the Authorized Review School Personnel (to the extent leaving a voicemail is an option). It then will wait one minute and call the individual a second time. If the Authorized Review School Personnel does not answer the second phone call, GoGuardian will (to the extent possible) leave another message and continue to make its way down the Escalation List until GoGuardian Review Personnel either reaches an Authorized Review School Personnel ‘live’ or calls and, to the extent possible, leaves messages with every Authorized Review School Personnel on the Escalation List (including the last responder).

Note about Same Student Additional Screened Alerts: It is possible that multiple Screened Alerts for the same student will result from the Services while Authorized Review School Personnel are handling the initial Completed Screened Alert concerning the student’s Managed Device or Account. GoGuardian recognizes that multiple phone calls during this critical period may not serve the best interests of the student or the Authorized Review School Personnel tasked with handling the Completed Screened Alert. For this reason, if any such subsequent Screened Alert is generated for a student’s Managed Device or Account within the thirty (30) minute period following GoGuardian Review Personnel’s receipt of the initial Completed Screen Alert for that same student via a live telephone call, the following shall apply:

Upon review of the first Same Student Additional Screened Alert, GoGuardian Review Personnel will attempt to contact at least one (1) Authorized Review School Personnel on the Escalation List by telephone.

(1) If GoGuardian Review Personnel successfully speaks to the same Authorized Review School Personnel they spoke to about the Completed Screened Alert, during such conversation, GoGuardian Review Personnel will (x) confirm with such Authorized Review School Personnel that they have taken responsibility for the Completed Screened Alert earlier communicated, and (y) confirm whether the Authorized Review School Personnel would like to receive additional telephone calls if any Same Student Additional Screened Alerts are generated within the next (30) thirty minute period following Authorized Review School Personnel’s confirmation on this telephone call.

(2) If GoGuardian Review Personnel successfully contacts via telephone a different Authorized Review School Personnel than the person they spoke to about the Completed Screened Alert, GoGuardian Review Personnel will (x) provide a summary of the previous Screened Alert and the name of the Authorized Review School Personnel with whom they spoke, and (y) confirm whether the Authorized Review School Personnel would like to receive additional telephone calls if any Same Student Additional Screened Alerts are generated within the next (30) thirty minute period following Authorized Review School Personnel’s confirmation on this telephone call.

(c) Next, once we have either successfully spoken to a live person on the Escalation List, or have attempted the full escalation (and called each Authorized Review School Personnel twice), we will send one (1) follow-up email to each of the designated Authorized Review School Personnel (at the email addresses provided by School in Authorized Review School Personnel Information). This follow-up email will indicate whether GoGuardian Review Personnel was successful in contacting a live person from the Escalation List in respect of the referenced Screened Alert and also indicate that GoGuardian Review Personnel has concluded its review of the Screened Alert.

Calls made between GoGuardian Review Personnel and Authorized Review School Personnel may be recorded by GoGuardian for quality assurance, record keeping, security, and/or training purposes. School agrees that it has obtained consent from each Authorized Review School Personnel to the recording of any such calls between GoGuardian Review Personnel and such Authorized Review School Personnel for the purposes set forth herein.

School’s Authorized Review School Personnel Information may change from time to time. School is responsible for maintaining accurate and up-to-date Authorized Review School Personnel Information to ensure the appropriateness and timeliness of the delivery of any Screened Alerts hereunder.

3. WARRANTIES, DISCLAIMER, AND RELEASE

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 10 OF THE PRODUCT TERMS, THE FOLLOWING WARRANTIES, DISCLAIMERS AND RELEASE SHALL APPLY: TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND SCHOOL’S USE IS AT ITS SOLE RISK, INCLUDING THE RISK OF INJURY OR ILLNESS, INCLUDING SICKNESS, PHYSICAL INJURY, PROPERTY DAMAGE, DISABILITY, PERMANENT PARALYSIS AND DEATH. SCHOOL IS SOLELY RESPONSIBLE FOR THE INFORMATION IT SHARES WITH GOGUARDIAN IN CONNECTION WITH THE SERVICES, THE MEANS BY WHICH SCHOOL ACQUIRES SUCH INFORMATION, AND ALL COMMUNICATIONS AND INTERACTIONS BASED ON THE SERVICES, INCLUDING THE ALERTS THAT SCHOOL MAY RECEIVE AS PART OF THE SERVICES AND ALL OUTCOMES RESULTING FROM OR IN THE ABSENCE OF ANY SUCH ALERTS. WHILE GOGUARDIAN OFFERS THESE SERVICES AS AN ADDITIONAL TOOL TO ASSIST SCHOOL IN ITS EFFORTS TO PROTECT THE WELL-BEING OF ITS STUDENTS, THE GOGUARDIAN PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT THESE SERVICES, WHETHER ON THEIR OWN OR COMBINED WITH OTHER TOOLs, WILL BE EFFECTIVE IN STOPPING OR DETECTING POTENTIAL SUICIDES OR RISKY BEHAVIOR OF SCHOOL’S STUDENTS, AND THAT DEATH, ILLNESS, BODILY INJURY, DISABILITY, OR EMOTIONAL DISTRESS OF SCHOOL’S STUDENTS MAY STILL BE THE OUTCOME WHEN USING THE SERVICES. NEITHER GOGUARDIAN NOR THE GOGUARDIAN REVIEW PERSONNEL ARE MEDICAL HEALTHCARE PROVIDERS. SCHOOL UNDERSTANDS AND AGREES THAT GOGUARDIAN AND THE OTHER GOGUARDIAN PARTIES ARE UNDER NO OBLIGATION OTHER THAN TO PROVIDE THE SERVICES TO SCHOOL IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. SCHOOL HEREBY RELEASES GOGUARDIAN, THE GOGUARDIAN PARTIES, AND THEIR RESPECTIVE SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DAMAGES, AND DEMANDS OF EVERY KIND ARISING OUT OF OR IN ANY WAY RELATED TO ANY CLAIMS MADE BY SCHOOL, ANY AUTHORIZED REVIEW SCHOOL PERSONNEL, OR ANY THIRD PARTY RELATING TO THE SERVICES, INCLUDING ANY STUDENT OR MEMBER OF A STUDENT’S FAMILY.

4. TERMINATION FOR CONVENIENCE

Unless otherwise agreed in an Order Form, either Party may, at its sole option and for its own convenience, terminate the Services (and any Order Forms for the Services in effect) upon fifteen (15) days prior written notice to the other Party. This termination right is in addition to all other rights of termination available to the Parties under the Product Terms.

Please contact GoGuardian at goguardianbeacon@goguardian.com with any questions about the use of the Services, these terms, or the GoGuardian Beacon Offering.

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GoGuardian appreciates that the topics of suicide and suicide prevention are complicated. There are a number of excellent suicide prevention resources available, tackling everything from what warning signs to look out for, tips on how to start the conversation, and how to contact appropriate mental and medical health professionals when needed. For your convenience, we provide links to the following resources:

National Suicide Prevention Lifeline

https://suicidepreventionlifeline.org/

1-800-273-8255

Society for the Prevention of Teen Suicide Parent Portal

http://www.sptsusa.org/parents/

American Association for Suicidology - Youth Suicide Warning Signs

https://www.youthsuicidewarningsigns.org/

5 Steps to Keep Someone Thinking About Suicide Safe

http://www.bethe1to.com/bethe1to-steps-evidence/