Please find below the key references, definitions and terms of use relating to the Swarm network.

GENERAL TERMS.

• The Data Plan is the fee paid to transmit data on the Swarm network.
  
  
• The Data Plan includes 750 messages per calendar month.
  
  
• Usage is invoiced based on a billable message size of 192 bytes. e.g. a ten (10) byte message is billed as a 192-byte message. There are no minimums or connection fees.
  
  
• The Data Plan Fee is required to be paid annually in advance and is non-refundable.
  
  
• The Data Plan Fee shall be invoiced with the Hardware for the first 12-month subscription. Thereafter, the Data Plan subscription term will automatically renew for successive one (1) year renewal terms unless either Party gives the other Party electronic notice of non-renewal at least sixty (60) days prior to the commencement of any renewal term. The Data Plan Fee will be invoiced annually, thirty (30) days in advance of the subscription renewal term and is payable in accordance with the Agreement.
  
  
• Customers may choose to sign up for a maximum of four (4) Data Plans (3,000 packets) for each device in advance of starting operations, where each Data Plan is as outlined above.
  
• Usage is calculated per device, per calendar month, with no pooling or sharing of data between devices, and no rollover of data to future months or pull forward of data from future months.
  
  
• The Activation Date for Hardware devices shall be the shorter: of the transmission of twenty (20) cumulative data messages or three (3) months from the date of dispatch for such device.
  
  
• In the event the Customer does not pay to renew its Data Plan, the renewal date has passed, and the Hardware device is deactivated, the Customer can reactivate the Swarm Services and Data Plan for any device at any time.  Customers can reactivate the Swarm Services by using the self-service portal or by contacting FreeWave at support@freewave.com and paying the appropriate Data Plan Fee associated with the services enabled.  After payment is received, FreeWave will have up to ninety (90) days to reactivate the Swarm Services to that device, and the new Activation Date will be the date the device is activated.  Depending on the version of Hardware and Swarm firmware, the device may have to be re-programmed using a wired connection to the Swarm Hardware.
  
  
• Overages are USD $0.05 per message up to 10,000 messages and shall be invoiced on a monthly basis.
  
  
• Once 10,000 messages are reached within a month, Swarm will shut off the Swarm Hardware device, and will not turn the device back on.

• Each two-way (return) message counts as part of the 750 total messages per month.
  
  
• Any additional Data Plans purchased beyond the first Data Plan do not have any return messages. By way of example: one (1), two (2), three (3), or four (4) Data Plans will only have 60 return messages per month.
  
• The Customer may purchase one more additional two-way Data Plan for an additional one hundred (100) return messages per month for an additional $10 a month per Swarm Hardware device, which additional plan will be invoiced as part of the annual Data Plan subscription.
  
  
• The maximum number of return messages that can be purchased is 160/month: 60 from the first Data Plan, and 100 from the additional two-way Data Plan.
  
  
• If the maximum number of return messages have been sent (60/month or, where an additional one hundred (100) return messages were purchased, 160/month), additional return messages can no longer be sent during that month and will be blocked by the Swarm Network.

RESTRICTIONS ON ACCESS AND USE.

• Abuse and Fraudulent Use. Access to the Swarm Network is furnished subject to the condition that there be no abuse or fraudulent use of the Swarm Network by the Customer or its Subscribers or any other third party. The Customer shall not abuse or fraudulently use the Swarm Network and shall take any and all steps necessary to control and prevent abuse or fraudulent use of the Swarm Network by its Subscribers and any third party. Abuse or fraudulent use of the Swarm Network includes, but is not limited to: (i) providing or attempting to provide, or assisting, or permitting a third party to (A) access, alter or interfere with the communications and/or information of a Subscriber by rearranging, tampering or making an unauthorized connection with any Swarm Hardware or network facilities of Swarm; or (B) use of any scheme, false representation, or false credit device, with the intent to avoid payment, in whole or in part, for Swarm Services; (ii) using the Swarm Network in such a manner so as to interfere unreasonably with the use of the Swarm Network by Subscribers; or (iii) using the Swarm Network to convey information that is deemed, in Swarm’s sole judgment, to be obscene, salacious or prurient, or to convey information of an unlawful nature or in an unlawful manner. The Customer shall promptly advise Swarm in the event the Customer has knowledge or reason to believe that any Subscriber or any third party of any Approved Product is abusing or fraudulently using or interfering with the Swarm Network. In relation thereto, Swarm shall have the right to immediately suspend or terminate access to the Swarm Network to such Subscriber or other third party accessing the Swarm Network or for any such the Customer’s Subscriber’s or other third party’s Approved Product, and Swarm shall have no liability for such termination. Swarm shall promptly notify the Customer of any such suspension or termination of Swarm Service and the basis for such action.
• Electromagnetic Interference. The Parties understand and acknowledge that from time to time electromagnetic interference may occur, either intentionally or unintentionally, with the operation of the Swarm Network and may impair the quality of Swarm Service. Accordingly, the Parties agree that Swarm may upon discovery or reasonable suspicion of any such interference, by the Customer, Subscriber, or other third parties, discontinue Swarm Service of the related Approved Product causing the interference or abuse.
  
  
• Interference. In the event that an Approved Product interferes with or impairs the performance the Swarm Network or any of any other applications approved by the S. Federal Communications Commission or any other Governmental Authority, whether intentional or unintentional, the Customer shall immediately take any and all actions necessary and advisable to cure such interference or impairment (including, if necessary repair, replacement, or deactivation of the applicable Approved Product).
  
  
• Unusually High Usage; Abnormal Usage. Each Party shall use commercially reasonable efforts to monitor the usage of Approved Product and to identify unusually high or abnormal usage patterns. Should the Customer detect or be advised by Swarm of unusually high or abnormal usage transmissions of an Approved Product, the Customer shall promptly investigate any such instance and shall promptly report such findings to Swarm for evaluation; provided that, Swarm shall have the right to deactivate or suspend any related Approved Product hereunder.