— LEGAL / ANCHOR
End User License Agreement
This End User License Agreement (this “EULA”) governs your use of the Anchor device, its embedded software, and the associated monitoring and response service (together, the “Service”) provided by Executive Risk Services, LLC (“ERS”). It supplements, and is incorporated into, the engagement agreement between ERS and the client entity through which your device was issued (the “Engagement Agreement”). If this EULA and the Engagement Agreement conflict, the Engagement Agreement controls.
Each named principal accepts this EULA by individual acknowledgment in the client onboarding playbook; where no individual acknowledgment has been recorded, taking possession of a device or signing the playbook constitutes acceptance. This EULA is also presented and acknowledged during client onboarding before any device is placed in service.
01The Device and the Service
The Anchor is a cellular emergency-signaling device issued by ERS to designated principals. It is designed to remain powered off in daily life. When powered on, it transmits its position to ERS monitoring, which opens a live incident and initiates the response protocols agreed in the client onboarding playbook. Incidents are resolved only by ERS personnel through the agreed verification protocol.
02Activation Semantics
The following operating rules are terms of this EULA, not guidance:
- Powering the device on is an emergency signal of last resort. There is no separate SOS control and no test mode.
- Every unscheduled activation is treated as a live emergency and receives a real response.
- Activation tests occur only when scheduled in advance with ERS.
- Loss of signal during an active incident is treated as escalation, not resolution.
You are responsible for ensuring that persons with access to the device — family members, staff, and contractors — understand these rules. Repeated non-emergency activations outside scheduled tests may result in charges or suspension as set out in the Engagement Agreement.
03License Grant
ERS grants you a limited, non-exclusive, non-transferable, revocable license to use the device’s embedded software solely as part of the Service and solely for the emergency-signaling purpose for which the device was issued. All software, firmware, and related intellectual property remain the property of ERS or its licensors. No rights are granted except as expressly stated here.
04Prohibited Uses
You must not, and must not permit anyone to:
- open, disassemble, modify, or tamper with the device or its firmware;
- reverse engineer, decompile, or extract any software or configuration from the device;
- transfer, sell, lend, or reissue the device to any person not designated under the Engagement Agreement;
- use the device to harass, deceive, or trigger emergency response without cause;
- interfere with cellular networks or use the device in violation of applicable law or carrier terms;
- export or carry the device into jurisdictions where its possession or operation is unlawful.
05Location Data and Privacy
The device transmits location data only while powered on. By activating the device, you consent to the transmission of its position to ERS and to ERS’s use of that data to conduct the response. Location and incident data are retained per the retention schedule in the Engagement Agreement and are accessible only to ERS personnel with an operational need. Your engagement is identified by an ERS-assigned codename in ERS systems and correspondence.
06No Guarantee of Outcome
The Service facilitates emergency response. It does not and cannot guarantee your safety, the prevention of harm, or any particular outcome. ERS will perform the Service with reasonable care and skill and in accordance with the protocols agreed in the client onboarding playbook, but response times and results depend on circumstances outside ERS’s control.
The Service is not a substitute for public emergency services. Where you are able to reach police, fire, or medical services directly, you should do so; the device complements, and does not replace, those services.
07Service Dependencies
The Service depends on third-party infrastructure that ERS does not control, including cellular networks, satellite positioning systems, and power availability. The device requires cellular connectivity to transmit and to be located. Satellite (GPS) positioning provides precise location when available; where GPS positioning is unavailable, the device is located using cellular network information, which is materially less accurate and may only indicate a general area. Coverage gaps, network congestion, jamming, terrain, structural interference, and battery state can delay, degrade, or prevent transmission or positioning. ERS is not responsible for failures or positioning inaccuracy attributable to such infrastructure.
08Devices, Fees, Term, and Termination
Device ownership, replacement and battery policy, fees, term, and termination are as set out in the Engagement Agreement. ERS may suspend the Service for material breach of this EULA. Upon termination of the engagement, all issued devices must be returned or disposed of as ERS directs.
09Warranty Disclaimer
Each device is covered by a 24-month limited warranty from the date of issue, provided as a device-replacement benefit covering defects, device failure, and loss, theft, or physical damage, under the terms set out in the Engagement Agreement. Except for that warranty and as otherwise expressly stated in the Engagement Agreement, the device and the Service are provided without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.
10Limitation of Liability
Liability arising out of or in connection with the device and the Service is limited as set out in the Engagement Agreement. Nothing in this EULA excludes liability that cannot be excluded by law, including liability for fraud, gross negligence, or willful misconduct.
11Changes to this EULA
ERS may update this EULA by publishing a revised version at this address with a new version number and effective date. Material changes will be notified to the client point of contact under the Engagement Agreement. Continued use of the Service after the effective date constitutes acceptance.
12Governing Law and Disputes
This EULA is governed by the laws of the State of Tennessee, without regard to its conflict of laws principles. Disputes will first be addressed through good-faith negotiation; if unresolved, they will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Nashville, Tennessee and conducted in English, as further set out in the Engagement Agreement.
13Contact
Questions about this EULA: legal@executiveriskservices.com