TELUS SmartHome+ Mobile End User License Agreement for Android

The Licensed Application is intended to be used by TELUS customers as the primary method to control one or more of their subscribed TELUS service(s), including but not limited to the following: Home Internet, Home Security, SmartEnergy (the “TELUS Services”). The Licensed Application may, depending on the end user’s hardware configuration, interact with both TELUS and third-party hardware devices in the user’s home, subject to the terms and conditions of said third-party terms of use.

In order to be eligible for and to use the Licensed Application, you must have the following components and fulfill the following steps:

i) Subscribing to TELUS Service(s) with an eligible service plan;

ii) Ensuring that your device is connected to Internet;

iii) Downloading the Licensed Application on your device;

iv) Logging into the Licensed Application using your My TELUS login credentials;

v) Using the Licensed Application and the TELUS Service(s) by following the instructions provided by TELUS.

The Licensed Application is licensed, not sold, to you. TELUS, and its licensors, own all right, title and interest in and to the Licensed Application, including all copyright and other intellectual property rights therein. TELUS reserves all rights not expressly granted to you. Subject to the terms and conditions of this Agreement and the

Terms of Service

, TELUS grants you a limited, revocable, nonexclusive, nontransferable, nonsublicensable license to download, install and use the Licensed Application on select products (each, a "Device") that you own or control and solely as permitted by any terms of use and conditions applicable to your Device operating system. You will not modify copy, distribute, transfer or reverse engineer the Licensed Application, nor will you alter, disable or circumvent any digital rights management security features embedded in the Licensed Application.

The preceding states the entirety of your rights with respect to the Licensed Application and TELUS reserves all rights in and to the Licensed Application not expressly granted to you in this Agreement or the

Terms of Service

. The license granted to you in Section 3 allows you to download and use the Licensed Application in Canada for your own non-commercial use and does not allow you to use the Licensed Application on any device you do not own or control. Unless stated in this Agreement or otherwise by TELUS, nothing in this Agreement will be construed as conferring any right or license to intellectual property rights, whether by estoppel, implication or otherwise.

TELUS may collect, use and share information about you, including, but not limited to, information about your use of the Licensed Application, device, system and application software, and peripherals, that is gathered in connection with your access to and use of the Licensed Application and the TELUS Service(s). For information about how TELUS collects, uses and shares information about you in connection with your use of the Licensed Application, please refer to the TELUS’s

Privacy Statement

.

If you have any questions or concerns regarding the Licensed Application, please contact TELUS using the support and feedback functionality in the Licensed Application. Customer Support is subject to availability of applicable TELUS personnel.

TELUS does not provide any commitments or guarantees as to response times or as to whether problems or concerns can be resolved or addressed. Any customer service and support offered and provided by TELUS is not an emergency or 911 service or a dispatch center, an emergency service provider or dispatch service, or a lifesaving solution for people at risk in their home or otherwise. PLEASE DO NOT CONTACT CUSTOMER SERVICE OR SUPPORT OFFERED BY TELUS WITH ANY LIFE/SAFETY OR SECURITY EMERGENCY INCIDENT, MEDICAL EMERGENCY OR INCIDENT, OR ANY OTHER EMERGENCY. IF YOU HAVE ANY SUCH EMERGENCY OR INCIDENT, YOU SHOULD IMMEDIATELY CONTACT THE POLICE, FIRE DEPARTMENT, 911 OR APPROPRIATE EMERGENCY RESPONSE SERVICE.

TELUS is responsible for addressing any questions, comments or claims relating to the Licensed Application or your possession and use of the Licensed Application, including, but not limited to: (a) product liability claims; (b) any claim that the Licensed Application fails to conform to the applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation,if applicable. If you have any questions, please visit

https://www.telus.com/en/support/contact-us

.

Your use of the Licensed Application is at your sole risk. Except as otherwise provided in a writing by us, the Licensed Application and any content therein, are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, TELUS does not represent or warrant the content presented in the Licensed Application, including third parties’ content as the case may be, is accurate, complete, reliable, current or error-free. While TELUS attempts to make your use of the Licensed Application and any content therein safe, we cannot and do not represent or warrant that the Licensed Application or our servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Licensed Application.

In the event of any claim that the Licensed Application, or your possession or use thereof, infringes any intellectual property rights of a third party, you will contact TELUS promptly and directly.

You will cooperate with the TELUS Parties (as such term is defined in the

Terms of Service

) in defending such claims. The TELUS Parties will have control of the defense or settlement of any third-party claims. This indemnity is in addition to, and not in lieu of, any indemnities set forth in any other agreement between you and TELUS, including the

Terms of Service

.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE BELOW LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TELUS AND THE OTHER TELUS PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF TELUS OR THE OTHER TELUS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL LIABILITY OF TELUS AND THE OTHER TELUS PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR PRODUCTS OR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF $500 OR THE AMOUNT PAID BY YOU TO PURCHASE OUR PRODUCTS OR USE OUR SERVICES WHICH ARE DIRECTLY RELATED TO THE LICENSED APPLICATION, AS APPLICABLE.

THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF THE TELUS PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TELUS shall not be liable for any failure or delay in performing its obligations hereunder if such failure or delay is directly or indirectly attributable to one of the following causes: a) fire, flood, earthquake, natural disasters, pandemic or epidemic; b) riots, terrorism, civil disorders, rebellions or revolutions; c) labour conflicts; d) any other causes reasonably beyond the control of TELUS (“Force Majeure”); and shall be relieved from performing or fulfilling its obligations for the entire duration of the Force Majeure so long as TELUS is unable to resume performance of its obligations despite reasonable efforts in this regard.

To the fullest extent permitted by applicable law, you agree that this Agreement shall be governed by the laws of the province of British Columbia and the federal laws of Canada applicable therein and you agree to be bound by the laws of these jurisdictions.

Apple Inc., Google LLC, and their subsidiaries are third party beneficiaries of this Agreement (excluding the Terms of Service). Upon your acceptance of this Agreement, said third-parties will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. You will comply with all applicable third-party terms.

We may make changes to or withdraw the Licensed Application at any time and we may update, make changes to or introduce new terms at any time. Before we make any changes or withdrawal, we will give you at least 30 days’ written notice, by posting notice of the amendment at telus.com/serviceterms (the "Service Web Site), or by bill message, text message or email. The notice will include a copy of the new term(s) or of the new and former versions of the modified term(s), the date that the change will occur and a description of your rights to cancel the service (if applicable and as required by law). By continuing to use the Licensed Application, you agree to these changes. If you are not happy with any of these changes, you do not have to continue to use the Licensed Application, however, in the event you choose not to accept the changes, your sole remedy is to delete the Licensed Application from your device(s). Kindly note that deleting the Licensed Application from your device(s) will have no effect on your subscription to TELUS Service(s).

You consent to receiving communications from time to time (including updates, modifications or enhancements to the Service or any other announcement related to the Service) through a push notification to the Licensed Application, or by bill message, text message or email.

Notwithstanding anything contained in this Agreement, TELUS reserves the right, without notice and in our sole discretion, to terminate your right to access or use the Licensed Application, and to block or prevent your future access to and use of the Licensed Application should TELUS be of the view for any reason that your use of the Licensed Application may be infringing this Agreement or the Terms of Services. Termination of your access to the Licensed Application will not trigger termination of your subscription to TELUS Service(s) unless TELUS specifies otherwise.

If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

If you have any questions, complaints or concerns regarding the Licensed Application or this Agreement, please contact TELUS at

https://www.telus.com/en/support/contact-us

.