CUSTOMER AGREEMENT In this Agreement, “we,” “us,” “our,” or “YI” refer to Yotta Innovation Inc. and its affiliates. “You,” “your,” “customer,” or “user” refer to an account holder or user of record with us.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS. IT ALSO LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE. NOTE THAT A DIFFERENT DISPUTE RESOLUTION PROCESS MAY APPLY FOR SERVICES PROVIDED BY ANOTHER COMPANY, SUCH AS YOUR NETWORK CARRIER, BUT THE DISPUTE RESOLUTION PROVISIONS OF THIS AGREEMENT STILL APPLY TO OUR SERVICES.

This Agreement comprises several parts. It includes various terms and conditions of our services relating to service offers, products, features and applications (each a “Service,” and together the “Services”), including without limitation warranties, limits of liability, and other important matters; the information on Services we provide or refer you to during the sales transaction; the terms in the rate plan describing your plan and Services; and pertinent provisions on our website or in our product packaging. Our Services are subject to our business policies, practices and procedures (“Policies”) including, but not limited to, our Privacy Policy available on our website. You agree to all of our Policies when you use our Services. Our Policies are subject to change at any time with or without notice.

When Your Agreement Begins:

This Agreement becomes effective when you do any of the following:

(a) You accept the Agreement through an electronic statement;

(b) You attempt to or in any way use a Service;

(c) You pay for a Service; or

(d) You open any package or start any program that says you are accepting the Agreement by doing so.

If you do not want the Agreement to begin, do not do any of these things.

YI EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE. YI DOES NOT WARRANT THAT THE SERVICES ARE ERROR-FREE OR THAT OPERATION OF THE SERVICES WILL BE SECURE OR UNINTERRUPTED.USER WILL NOT HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF YI TO ANY END-USER OR OTHER THIRD PARTY. (SEE ALSO GENERAL LIMITATION OF LIABILITY BELOW)

Coverage; Where Your Device Will Work; Technical Limitations:

YI does not guarantee wireless network availability. Services may be subject to certain Device and compatibility limitations, including memory, storage, network availability, coverage, accessibility and data conversion limitations. Services (including without limitation, eligibility requirements, plans, pricing, features and/or service areas) are subject to change without notice.

Actual network speeds depend upon device characteristics, network, network availability and coverage levels, tasks, file characteristics, applications and other factors. Performance may be impacted by transmission limitations, terrain, in-building/in-vehicle use and capacity constraints. In addition, Services that rely on location information, such as 911 and NMEC, depend on your Device’s ability to acquire satellite signals (typically not available indoors) and network coverage. Network coverage and satellite signals are dependent on a number of factors not within our control including weather, topographical changes, the presence of obstructions such as tall buildings, the functionality of various satellites, cell towers, clouds, and other factors. The Device performs inconsistently in dense urban areas such as New York City. In addition, some areas, such as schools, are equipped with cell phone inhibitors that interfere with all phone communications. The Device will not work, and Services will not work, under such circumstances.

The Company might at its discretion utilize Cell ID in certain circumstances. You understand that Cell ID is subject to technical limitations and is generally not as accurate as GPS. Moreover, Cell ID depends on availability of cell tower communications which might be weak or non-existent in certain areas.

You understand and agree to such technical limitations and expressly agree to indemnify and hold us harmless from any and all injuries that result from the Device or Services not working, malfunctioning, or failing except as specifically provided herein.

Your Privacy:

You agree to the terms of our Privacy Policy, available at our website, when you use our Services. This policy may change from time to time, so you should review this policy with regularity and care. Among other things, the policy includes important matter concerning what information we collect about you, how we use that information, and with whom we share that information (for example, to provide you certain Services, to protect our rights and interests, to respond to legal process, to facilitate a merger, etc.). If you do not agree with the terms of our Privacy Policy, do not purchase or use our Services. You (the accountholder) are responsible for notifying the actual user of your Device that his or her location may be tracked or discovered. For additional information on location-sensitive services, see our Privacy Policy at our website.

Compliance with Law:

The Services are intended to be used in a lawful manner. You are responsible for using the Services in a manner that complies with applicable local, state, regional, federal or international laws. YI will not render advice on the legality of a particular use. If you are unsure of the legality of a particular use, please consult your legal counsel. You agree to indemnify and hold YI harmless from your unlawful use of a Service.

General Limitation of Liability:

Unless prohibited by law, the following limitations of liability apply. A Service may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity

WE DO NOT GUARANTEE YOU UNINTERRUPTED SERVICE. YI MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY, SECURITY, OR PERFORMANCE REGARDING ANY SERVICES, SOFTWARE OR GOODS, AND IN NO EVENT SHALL YI BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any:

(a) act or omission of a third party; (b) mistakes, omissions, interruptions, errors, failures to transmit, delays, or defects in the Services or related software provided by or through us; (c) damage or injury caused by the use of Services or Device, including use in a vehicle; (d) claims against you by third parties; (e) damage or injury caused by a suspension or termination of Services by YI; or (f) damage or injury caused by failure or delay in connecting a call to 911 or any other emergency service.

Unless prohibited by law, YI is not liable for any indirect, special, punitive, incidental or consequential losses or damages you or any third party may suffer by use of, or inability to use, Services, or Devices provided by or through YI, including loss of business or goodwill, revenue or profits, or claims of personal injuries.

TO THE FULL EXTENT ALLOWED BY LAW YOU HEREBY RELEASE, INDEMNIFY, AND HOLD AAGPS AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OF ANY PERSON OR ENTITY FOR DAMAGES OF ANY NATURE ARISING IN ANY WAY FROM OR RELATING TO, DIRECTLY OR INDIRECTLY, THE SERVICES PROVIDED BY YI OR ANY PERSON’S USE THEREOF OR OF THE DEVICE (INCLUDING, BUT NOT LIMITED TO, VEHICULAR DAMAGE AND PERSONAL INJURY), INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF YI, OR ANY VIOLATION BY YOU OF THIS AGREEMENT. YI IS NOT LIABLE TO YOU FOR CHANGES IN OPERATION, EQUIPMENT, OR TECHNOLOGY THAT CAUSE YOUR DEVICE OR SOFTWARE TO BE RENDERED OBSOLETE OR REQUIRE MODIFICATION.

SOME STATES, INCLUDING THE STATE OF KANSAS, DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITS ON REMEDIES FOR BREACH. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Dispute Resolution:

We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by calling or writing us as instructed on your invoice. Instead of suing in court, we each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there is no judge or jury and review is limited. However, just as with a judicial proceeding, the arbitrator must honor the terms and limitations in the Agreement and can award the same damages and relief, including any attorney’s fees authorized by law. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. We each also agree as follow

a.“Disputes” are any claims or controversies against each other related in any way to our Services or the Agreement including, but not limited to, coverage, Devices, privacy, or advertising, even if it arises after Services have terminated. This includes claims you bring against our employees, agents, affiliates or other representatives, or that we bring against you.

b. If either of us wants to arbitrate a dispute, we agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Notice to you will be sent to your address provided us when you sign up for our Services, and notice to us will be sent to the Company’s mailing address set forth on the Company’s website. Each of us agrees to make attempts to resolve the dispute. If the parties cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then either of us may submit the dispute to formal arbitration.

c. Unless we each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator in the State of Kansas. The federal or state law that applies to the Agreement will also apply during the arbitration.

e. We each agree not to pursue arbitration on a class-wide basis. Unless both you and we agree otherwise, any arbitration will be solely between you and us (not brought on behalf of or together with another individual’s claim), and the arbitrator may not consolidate more than one person’s claims nor otherwise preside over any form of a representative or class proceeding. If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the dispute must be brought in court.

f. We each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.

g. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future change to this Dispute Resolution provision during the provision of a Service to you, you may reject any such change by sending us written notice within 30 days of the change to our headquarters office as set forth on the “Contact Us” page of our website www.yottainnovation.com. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

Exceptions To Our Agreement To Arbitrate Disputes:

Either of us may bring qualifying claims in small claims court in Sedgwick County, State of Kansas. In addition, this arbitration provision does not prevent you from filing your dispute with any federal, state or local government agency that can, if the law allows, seek relief against us on your behalf.

No Class Actions:

TO THE EXTENT ALLOWED BY LAW, EACH OF US WAIVES ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

No Trial by Jury:

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

Other Important Terms:

Subject to federal law or unless the Agreement specifically provides otherwise, this Agreement is governed solely by the laws of the state of Kansas, without regard to the conflicts of law rules of that state. If either of us waives or does not enforce a requirement under this Agreement, we do not waive our right to later enforce that requirement. Except as the Agreement specifically provides otherwise, if any part of the Agreement is held invalid or unenforceable, the rest of this Agreement remains in full force and effect. You may not assign the Agreement or any of your rights or duties under it. We may assign the Agreement. The Agreement as defined herein makes up the entire agreement between us and supersedes any prior written or spoken agreements. You cannot rely on any contradictory statements by sales or service representatives. The rights, obligations and commitments in the Agreement that, by their nature, would logically continue beyond the termination of Services (including, but not limited to, those relating to billing, payment, dispute resolution, no class action, no jury trial), survive termination of Services.

Assignment:

YI may assign the rights to this contract to third parties at our sole discretion without input or consent from you.

Contacting Us:

If you have any questions concerning this Customer Agreement, please contact us by email at support@yottainnovation.com, or by mail addressed to 4004 N. Web Rd., Wichita, KS 67226.

This Customer Agreement is copyright 2014, Yotta Innovation, Inc. Any rights not expressly granted herein are reserved by YI.