Billing Policy

Effective date: October 16, 2023

This policy sets forth the billing related terms and conditions (“Policy”) of Mosyle Corporation (“Company”) for customers of Mosyle Manager (“Mosyle Manager”) and Mosyle OneK12 (“OneK12") available on http://school.mosyle.com and who elect to purchase our Paid Packages "Mosyle Manager Premium" and/or "Mosyle OneK12" (the “Paid Package”). Although we do not wish to be overly formal in our relationship with our customers, we have found it to be useful to address in some detail the terms of our billing procedure. The Policy remains subject to the Terms of Service which appears on http://school.mosyle.com/legal/terms (“TOS”). Capitalized terms that are not otherwise defined herein have the meaning ascribed to them in the TOS. In this Policy, the words “you” and “your” refer to each Mosyle customer, visitor or user; and “we”, “us” and “our” refers to the Company; and “Services” refers to all services provided by us through Mosyle Manager or Mosyle OneK12. If you submit an order to purchase the Paid Package, you signify your consent to this Policy as well as the TOS.

BILLING FOR MANAGED DEVICES

In order to have access to all features included on the Paid Package of Mosyle, you need to purchase licenses for all devices that you are planning to manage with Mosyle. The billing for the Paid package is charged based on the number of Managed Devices.

When purchasing licenses for the Paid Package for its Managed Devices for the first time, you will need to choose between one of two methods offered by Company: Subscription Licenses or Device-Assigned Licenses. A minimum of 30 licenses is required for an initial purchase or renewal of licenses for the Paid Package.

Only one method can be selected by you for your account. The selected method will be applied to all of your current and future Managed Devices. For the purposes of this Policy, the term “Managed Devices” includes all the mobile devices that were enrolled on your customer account on Mosyle Manager or OneK12 Platform.

You cannot have Managed Devices under different licensing methods on the same account. If you have already selected one method and want to switch, please contact our team by creating a Support Ticket.

SUBSCRIPTION LICENSES

The Subscription Licenses method is charged based on the number of Managed Devices that receive any remote command through or originating with Mosyle Manager or Mosyle OneK12, automatically or manually, during the billing period.

By using the Subscription Licenses method, the licenses are not assigned to specific devices, and you can replace Managed Devices without the need of purchasing additional licenses by releasing licenses currently in use through a Proper Removal (defined below).

Except with respect to a “Proper Removal”, as defined below, a device will be charged even if the enrollment profile, which enabled such remote communication, was manually removed from the device or the device was formatted or wiped after the enrollment.

To remove a device from the list of Managed Devices and to avoid further charges under the Subscription License method for a specific Managed Device, you, through an authorized Administrator user, must log in to Mosyle Manager or OneK12, click on the Management tab on the bottom bar, select “Devices (Bulk Operations)” on the menu, select a device and click on “Remove Device / Remove MDM” (each, a “Proper Removal”).

Monthly Subscription - Legacy

The Monthly Subscription was discontinued by Company and the rules below only apply to legacy accounts that had subscribed to the Monthly Subscription when it was offered and have not canceled the Monthly Subscription.

For Monthly Subscriptions, the only payment method accepted by Company, regardless of the number of Managed Devices, is a valid credit/debit card that you have registered on Mosyle Manager. Monthly Subscription billing is based on the availability of products and services, not based on usage.

All recurring subscription Paid Package accounts are set up on a prepaid basis, and payment must be received by Company before any billable product or service is provided or activated. All recurring subscriptions are automatically invoiced and charged to the credit/debit card on file. Payment receipts will be emailed to the Administrator user who initially provided the credit/debit card details and completed the subscription. On the Subscriptions tab, Administrators can find the invoices, receipts, and the list of charged Managed Devices for the preceding 12 months.

Invoices are generated, and the credit/debit cards are automatically charged, during the first 5 days of each month (billing period) and will include the prepaid value for the month for all Managed Devices on your account for that month plus the value of the Managed Devices added during the prior month and not previously charged. All Managed Devices will be billed for the entire month during which such Managed Devices are removed pursuant to a Proper Removal or new enrollment, regardless of the actual number of days such Managed Devices actually remotely communicate with Mosyle Apps.

For the first month of recurring Monthly Subscription to the Paid Package, the following rules will apply:

• If the Monthly Subscription is made before or on the 20th day of the month, Company will charge the full price per device for the subscription month regardless of the number of days that such Managed Devices actually remotely communicate with Mosyle Apps. Company will not prorate the cost of unused days;
• If the Monthly Subscription is made after the 20th day of the month, Company will not charge for the remainder of that month and the first billing period will start on the first day of the following month.

On each billing date, Company will invoice and charge you based on the largest number of Managed Devices during the billing period.

Cancellation of Monthly Subscription: You must cancel your Monthly Subscription to the Paid Package at least 10 days prior to Company’s next scheduled billing date to avoid being charged for the month to which the invoice corresponds on such billing date. In the event of cancellation of a Monthly Subscription, Company will provide you with continued access to the Paid Package features through the end of your final billing period. Company will not prorate or refund any portion of the subscription fees. The extent Company’s final invoice to a customer that cancels the Monthly Subscription does not reflect the actual number of Managed Devices being used by the canceling customer, Company will generate a supplemental invoice and charge the credit card registered with Company for all Managed Devices that were not included on the initial invoice.

Annual or Multi-Year Subscriptions

You may subscribe to the Paid Package through Annual or Multi-Year Subscriptions offered by Company.

For Annual or Multi-Year Subscriptions, the following payment methods are accepted subject to the following conditions:

- Credit/Debit Card: for all customers and number of devices. Customers are required to keep a valid credit/debit card on file to applicable charges; or

- Check or Wire Transfer: only for customers legally established to do business in the United States and for accounts with more than 200 devices.

Annual or Multi-Year Subscription billing is based on the availability of products and services, not based on usage. Annual or Multi-Year Subscriptions to the Paid Package are set up on a prepaid basis and must be received by Company on or before the due dates specified on each invoice.

On the Subscriptions tab, Administrators can find the invoices, receipts, and the list of charged Managed Devices for the preceding 12 months.

Company will charge you for all Managed Devices added during any specific subscription period based on a pro-rated cost calculated according to the number of months in any subscription period during which month the Managed Device was capable of communicating with Mosyle Manager or OneK12 regardless of whether the Managed Device affects any such communication. For these Managed Devices, invoices will be generated automatically within the first 5 days of each month.

For customers paying using credit/debit card, the card will be automatically charged. If Company is not able to collect the outstanding fees owed by you by charging the credit/debit card associated with your account, and such delinquency continues for more than 15 days from the date on which Company initially charged the credit/debit card, the Annual or Multi-Year Subscription of the Paid Package will be automatically converted to the "Frozen Status" (as defined below).

For customers paying by Check or Wire Transfers, an invoice will be automatically generated and sent to all Administrators with the applicable payment instructions.

Example of calculating additional devices follows:

Ex: On August 1, 2023 customer purchased an Annual Subscription to OneK12 for 300 devices and paid $9.00 (example) per device, with a total of $2,700.00. The Annual Subscription will expire on July 31, 2024. In December (any day of the month) customer added five more devices. On January 1, 2024 Company invoiced customer for the five additional devices at a rate of 1/12 of the full annual price per month until July 31, 2024 and charged the credit/debit card on customer’s account for $6.00 per device, with a total of $30.00. The customer then has the right to use the Paid Package features and services for 305 devices until July 31, 2024.

Company will not prorate a refund for Managed Devices removed after the payment Annual or Multi-year Subscriptions.

If you want to replace devices, you must remove a device BEFORE enrolling a new one to avoid any additional device charges. To remove a device from the list of Managed Devices and avoid charges, you must complete a Proper Removal (as defined above).

Automatic Renewal of Annual and Multi-Year Subscription: Between 45 and 15 days prior the end of an Annual or Multi-Year Subscriptions period for a Paid Package, a customer (through an Administrator user) can navigate to the Subscriptions tab and opt to cancel and not renew the Paid Package for the next year, adjust the number of devices, change the payment method for the next period, or switch to a different subscription period offered by Company. If any change on prices is applicable, Company will email all the Administrators and place alerts on the Mosyle software.

If you fail to cancel or modify the Annual or Multi-year Subscriptions for the Paid Package, as described above, prior to the fifteenth day preceding the expiration date of an existing Annual or Multi-year Subscriptions, Company will automatically renew the Annual or Multi-year Subscriptions for the Paid Package based on the number of Managed Devices verified on that day. For customers paying by credit/debit card, Company will automatically charge the credit/debit card for the amount of the renewed subscription fee. For customers paying by Check or Wire Transfers, Company will email for all Administrators the invoice with the applicable payment instructions.

In the event that you elect to cancel or modify an Annual or Multi-year Subscriptions of a Paid Package, as set forth above, or add new Managed Devices in the month preceding such cancellation or modification, Company will generate an invoice and charge you for the additional Managed Devices to the extent that such additional Managed Devices were not previously invoiced.

Frozen Status: For cases when an invoice is not paid on the due date for customers paying with Check or Wire Transfer, or when Company is not able to charge the credit/debit card for more than 15 days, Company may, at its sole discretion, suspend your access to the Mosyle Apps and Services by converting your account to “Frozen Status”. The 15 day period is counted from the 16th day after the applicable payment is due.

During the “Frozen Status” period, you will not have access to Mosyle Services for any action.

Device OS Support: Mosyle Manager and OneK12 will remain compatible with the 2 most current versions of the device OS only.

CANCELLATION OF CREDIT CARD

CANCELLATION OF THE CREDIT CARD THAT CUSTOMER HAS REGISTERED WITH THE COMPANY AND TO WHICH SUBSCRIPTION FEE BILLING IS TO BE BILLED IS NOT A PROPER MANNER OF TERMINATING CUSTOMER’S SUBSCRIPTION TO THE PACKAGE.

UPGRADING AND DOWNGRADING PAID PACKAGES

At any time during an Annual Subscription of Mosyle Manager PREMIUM, the customer can opt to upgrade the annual subscription to Mosyle OneK12. In this case, on the day of the upgrade, Mosyle will charge the customer only for the difference of the subscription cost pro-rated based on whole months (inclusive of the month in which the upgrade occurs regardless of date) to the end of the active Annual Subscription and the subscription will be immediately converted from a Mosyle Manager PREMIUM subscription to a Mosyle OneK12 subscription and will automatically renew as a Mosyle OneK12 subscription.

Conversely, downgrades from Mosyle OneK12 to Mosyle Manager PREMIUM during active Annual Subscription periods are not possible. Any downgrade from Mosyle OneK12 to Mosyle Manager PREMIUM will only be applied at the time of a renewal.

BILLING DISPUTES

Each Mosyle customer agrees to provide Mosyle 30 days to attempt settlement of any billing dispute before disputing with any third-party credit/debit card company or bank. Should Mosyle receive a chargeback from a third-party credit/debit card company or bank on the customer's behalf before Mosyle has been given a chance to resolve the issue, Mosyle has the right to charge the customer for its time spent in resolving such disputes and any associated fees incurred by Mosyle, in addition to the $50 service chargeback fee for failed payment. Regardless of the outcome of the chargeback, Mosyle retains the right to collect on any Services or fees that are due. Mosyle may submit any disputed amounts to a collection agency. Once a chargeback has been received, Mosyle has the right to suspend the account until the matter is resolved.

REFUNDS

Fees for any and all Mosyle subscriptions, products and/or services are expressly nonrefundable under any circumstances.