Proxxi Protection Promise

Terms and Conditions

Where Subscribers incur Eligible Losses (as defined below), their recourse is to the Insurance Policy (as defined below) in the first instance. Proxxi Technology Corporation (“Proxxi; We; Us”) offers the Proxxi Protection Promise as a limited product indemnity solely for the benefit of Subscribers. The Proxxi Protection Promise is triggered only if the Subscriber’s Insurance Policy will not cover an initial deductible amount prior to making a payment in respect of an Insurance Claim.  

This Proxxi Protection Promise is made available solely to Subscribers to the Proxxi Pro Plan offering who have entered into a separate agreement with Proxxi that expressly incorporate these Proxxi Protection Promise Terms. This Proxxi Protection Promise is not made available to, and should not be relied upon, by any User or other end user of any Proxxi offering other than such Subscriber. Without limiting the foregoing, this Proxxi Protection Promise is not made available to any end user of a Proxxi device and/or the Proxxi mobile application.

Please read these Proxxi Protection Promise Terms and Conditions (“Proxxi Protection Promise Terms”) carefully as they contain important information about Subscriber’s legal rights, remedies and obligations. Except as permitted by law, these Proxxi Protection Promise Terms do not affect Subscriber’s statutory rights.  

The Proxxi Protection Promise is subject to all terms, conditions, and limitations set forth below and as amended from time to time. These Proxxi Protection Promise Terms apply in addition to the [link to: Proxxi Subscriber License Agreement (https://www.proxxi.co/terms-of-service)].

Proxxi has the right, at its sole discretion, to deny full or partial payment under these Proxxi Protection Promise Terms for Subscriber’s failure to comply, at all times, with Subscriber’s obligations under its subscription agreement, or its User’s failure to comply with our End User Licence Agreement, each of which are incorporated herein.

Last updated: January 1, 2025


 1. Definitions 

For the purposes of these Proxxi Protection Promise Terms, in addition to the capitalized terms defined elsewhere in this Agreement or in the Proxxi End User License Agreement, the following terms shall have the meanings ascribed to them as follows:

  • “Deductible” means the portion of costs incurred from an Eligible Loss that the insured Subscriber is responsible for paying. 

  • “Eligible Incident” means an event where a User suffers an electrical injury in the course of their employment with Subscriber while wearing an activated Proxxi Product and where the Incident Conditions otherwise apply and such incident is not otherwise an Ineligible Incident. 

  • “Eligible Loss” means and is limited to the amount of any Deductible that Subscriber has to pay where an Insurance Provider has otherwise agreed to pay out on an Insurance Claim to Subscriber in respect of an Eligible Incident.

  • “Incident Conditions” means the conditions set out in Section 3 below.

  • “Ineligible Loss” has the meaning set forth in Section 3 below.

  • “Insurance Claim” means such an amount as an Insurance Provider agrees to pay under the terms of an Insurance Policy in respect of an Incident.

  • “Insurance Policy” means a personal injury insurance policy between the Insurance Provider and Subscriber that insures the Subscriber in the event that Subscriber’s employees and contractors are injured in the course of their employment with Subscriber. 

  • “Insurance Provider” means a reputable national insurance company with an AM’s Best Rating of no less than A- that underwrites the Insurance Policy. 

  • “Party” means Subscriber and/or Proxxi Technology Corporation and shall be read with such changes of number as the context may require. 

  • “Product” means Proxxi’s Electrical Safety Platform including but not limited to the Proxxi Voltage.

  • “Proxxi Protection Payment Request Form” means Proxxi’s standard form Subscribers must submit to request payment from Proxxi pursuant to these Proxxi Protection Promise Terms.  Link: https://docs.google.com/forms/d/1wp4zBaHtto1nAMN1Y-M1pmRFvzO6wOGiJ7WQC0VTZNA/edit

  • “Subscriber” means an organization who employs Users and who has subscribed to the use of Proxxi Pro Plan for use by their Users during the course of their employment with Subscriber.

  • “Users” means employee, contractor, or other person using the Product during the course of employment by Subscriber. 


2. Proxxi Protection Promise 

Proxxi agrees to indemnify Subscriber to a maximum of the lessor of either (i) US$100,000, or (ii) the Insurance Policy deductible pursuant the Insurance Claim (the “Limit”). Costs incurred must be as a result of an Eligible Loss and payment is subject to all terms, conditions, and limitations of these Proxxi Protection Promise Terms.

The Proxxi Protection Promise is subject to Subscriber pursuing the rights and remedies Subscriber may have pursuant to Subscriber’s Insurance Policy, or from any other party that is legally or contractually responsible for the Eligible Loss.

Proxxi provides the Proxxi Protection Promise solely for the principal purpose of promoting Proxxi Products by building customer loyalty and strengthening customer confidence as to the use of Proxxi Products. 

THE PROXXI PROTECTION PROMISE IS NOT AN OFFER TO INSURE, DOES NOT CONSTITUTE INSURANCE OR AN INSURANCE CONTRACT, AND DOES NOT TAKE THE PLACE OF INSURANCE OBTAINED OR OBTAINABLE BY SUBSCRIBER. Furthermore, these Proxxii Protection Promise Terms are not an insurance contract or an insurance service agreement for another line of business as defined by any applicable law. 

Subscriber must comply with all of the terms and conditions of these Proxxi Protection Promise Terms in order to be eligible for Proxxi to pay for Eligible Losses not recovered from the Insurance Provider. Subscriber’s failure to fully comply will prevent Subscriber’s recovery for any Eligible Losses.

Proxxi reserves the right to subrogate against any person or entity whatsoever who allegedly is responsible for causing the losses or damages to the in question, which may include any and all rights Subscriber may have against any third party under the Proxxi Protection Promise terms. Further, Subscriber hereby agree that, with respect to any payments made under the Proxxi Protection Promise by, or on behalf of, Proxxi, Subscriber will assist in and cooperate fully with Proxxi regarding any and all efforts at subrogation.

3. Incident Conditions and Limitations

The Proxxi Protection Promise shall only apply where the following conditions are satisfied (“Incident Conditions”):

  • Proxxi Protection Promise is a limited product indemnity that applies only where a Proxxi Voltage Band was being used by a User who in the course of performing their duties for Subscriber suffers an electrical injury and such Proxxi Device: (i) was being correctly activated and being used in accordance with its specifications; (ii) failed to perform in accordance with its specifications; and (iii) would be reasonably likely to have prevented or mitigated such injury if the Proxxi Device had performed in accordance with its specifications. For the avoidance of doubt, Proxxi shall not be responsible and no indemnity is provided under this Proxxi Protection Promise where an Injured Party did not reasonably and appropriately respond or react to alerts from a Proxxi Device where, if appropriate action had been taken following such alert, injury would not have occurred or would have been reduced.

  • Proxxi Protection Promise shall only apply where the Injured Party had Trained and Certified with Proxxi Electrical Safety Platform within a reasonable period prior to the Incident for performing their activities in a hazardous environment that were applicable to the environment where Incident occurred, that such Injured Party was compliant with such training when such Incident occurred. 

  • The Proxxi Protection Promise shall not apply to the extent that an Incident arose due to the negligence or misconduct of either the Subscriber or the Injured Party.

  • Proxxi Protection Promise is subject to the Subscriber making a claim in respect of the applicable incident under Subscriber’s applicable Insurance Coverage and such Insurance Coverage agreeing to pay out to Subscriber in respect of such Incident.

  • Subscriber must comply with all of the terms and conditions of these Proxxi Protection Promise Terms in order to be eligible for Proxxi, as secondary obligor, to pay any amounts under this Proxxi Protection Promise. Subscriber’s failure to fully comply will prevent Subscriber’s recovery for any Eligible Losses.

Proxxi shall not pay for any of the following (“Ineligible Losses”):

  1. Any amount where the applicable Insurance Provider has not agreed to make a payment under the applicable Insurance Policy in respect of the applicable incident;

  2. any loss, cost, damage, claim, fee, liability or expense for Eligible Losses in excess of the Limit.

  3. Any loss, cost, damage, claim, fee, liability or expense for Eligible Losses that arises due to the negligence or wilful misconduct.

  4. any loss, damage or expense directly or indirectly caused by or resulting from any of the following, regardless of any other cause or event contributing thereto:

    • acts of nature, including, but not limited to, earthquakes and weather-related events such as hurricanes and tornadoes;

    • any hostile act or act of war, terrorism, insurrection or rebellion;

    • actual or threatened malicious use of poisonous biological or chemical materials;

    • nuclear reaction or radiation or radioactive contamination;

    • lack of electricity, fuel, water, gas, steam, telephone or internet services due to external factors.

  5. any losses or damages not recoverable from the Insurance Provider under the Insurance Policy other than a Deductible.

4. Conditions to the Proxxi Protection Promise 

In order to be eligible to obtain payment under these Proxxi Protection Promise Terms, Subscriber must fully comply with each of the following conditions. Subscriber’s failure to fully comply will prevent Subscriber’s recovery of any Eligible Losses. In all cases, the onus will be upon Subscriber to demonstrate that Subscriber have complied with the following conditions:

  1. Subscriber must have incurred Eligible Losses.

  2. The injured User must have been wearing the Product appropriately at the time of Eligible Loss, the Product must have been correctly activated and used,  and User must have received proper training on such use.

  3. Subscriber must notify Proxxi and (if applicable) submit an Insurance Claim to the Insurance Provider. In the event the Insurance Provider approves the Insurance Claim and requires Subscriber pay a Deductible, Subscriber may submit a Proxxi Protection Promise Payment Request Form.

  4. Subscriber must not have misrepresented any facts or committed fraud or any other dishonest or deceptive act in connection with these Proxxi Protection Promise Terms. Any such misrepresentation, fraud, dishonest or deceptive act by Subscriber, at any time, will result in denial of all pending payment requests under these Proxxi Protection Promise Terms and immediate termination of these Proxxi Protection Promise Terms as they relate to Subscriber, notwithstanding Section VI [Termination] below.

  5. Within thirty (30) days after Subscriber have incurred an Eligible Loss Subscriber must (i) complete and file a Proxxi Protection Promise Payment Request Form and (ii) provide us with documents and information supporting the existence, extent, and amount of the Eligible Loss that includes the following:

    • The time, cause and origin of the Eligible Loss, and evidence and proof of such loss in the form of receipts, photographs, videos, documents and other verifiable forms of proof.

    • A complete inventory of the lost, destroyed or damaged Eligible Property with descriptions of the make and model, including the date Subscriber purchased or acquired the item, the condition at the time of the loss or damage, and the estimated cost to repair or replace along with receipts or related documents that justify the figures in the inventory.

    • The total amount of the Eligible Loss that is the subject of the payment request. Including supporting receipts, bills, and/or invoices. 

    • Record of any internal investigations conducted pursuant to the Eligible Loss including by the Insurance Provider and/or Employer. Identifiable personal information may be redacted. 

    • All information that Proxxi reasonably requests to determine the amount of the loss with respect to Eligible Losses.

  6. Subscriber must also:

    • Protect and mitigate against any further loss or damage.

    • Cooperate with Proxxi, including signing any documents, and timely responding to any reasonable requests for additional information or documentation that Proxxi or its designees may require or request to process the applicable Proxxi Protection Promise Payment Request Form.

  7. Proxxi reserves the right but not the obligation to independently investigate (or to have independently investigated) at our sole discretion and expense, the facts and circumstances of a payment request set forth in any Proxxi Protection Promise Payment Request Form that Subscriber file with Proxxi, notwithstanding Subscriber’s delivery of all information and documentation that Subscriber are required to provide Proxxi in order to comply with the conditions set forth in this Section.

5. Disclaimers and Limitations of Liability

  1. Subscriber acknowledges and agrees that, to the maximum extent permitted by law, the entire risk arising out of Subscriber’s and its Users' access to and use of the Product remains with Subscriber. Neither Proxxi nor any other party involved in creating, producing, or delivering the Product will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure, or for any damages for (a) personal or bodily injury or emotional distress arising out of or in connection with these Proxxi Protection Promise Terms, or (b) from the use of or inability to use the Product. Proxxi will not be liable for any such damages described above, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Proxxi has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

  2. Except for Proxxi’s obligation to pay amounts to Subscriber pursuant to an Approved Payment Request under these Proxxi Protection Promise Terms, in no event will Proxxi’s aggregate liability arising out of or in connection with (a) these Proxxi Protection Promise Terms; or (b) Subscriber’s use of or inability to use the Product, exceed the Limit. 

6. Payment Requests

  1. Proxxi Protection Promise Payment Request Forms 

    • Proxxi will complete its processing of any Proxxi Protection Promise Payment Request Form that Subscriber files within a reasonable period following the date Subscriber have (I) completed and filed a Proxxi Protection Promise Payment Request Form, and (II) provided Proxxi with all information and documentation that Subscriber is required to provide to comply with the conditions set forth in Section 4 above. In any event, we will use commercially reasonable efforts to complete processing of Subscriber’s Proxxi Protection Promise Payment Request Form within three (3) months after our receipt of such information and documentation. 

    • If Subscriber receives an Approved Payment Request (as defined below), then as a condition to payment to Subscriber under Proxxi Protection Promise, Subscriber will be required to execute and deliver to Proxxi the “Proxxi Protection Promise Approved Payment Request Agreement”, which includes Subscriber’s agreement to: (I) release and hold harmless Proxxi and all officers, directors, employees, contractors and agents of Proxxi from any further liability or obligations with respect to the facts and circumstances of the matters and incident set forth in the Proxxi Protection Promise Payment Request Form; (II) to treat as “confidential information” the amount of any payment made under Proxxi Protection Promise; and (III) to refund to us any amounts paid in excess of the Eligible Loss in the Approved Payment Request as a result of a systems or payment processing error.

  2. Approved Payment Request

    • If Subscriber has filed a Proxxi Protection Promise Payment Request Form and such a payment request is approved in whole or in part for an Eligible Loss (any such approved payment request, an “Approved Payment Request”), Subscriber will be paid the amount of the Eligible Loss as calculated by Proxxi or its designees. The process for such calculation of Eligible Losses is described under “Determination of the Amount of the Eligible Loss” below. Subscriber will be notified by Proxxi and, as a condition of payment hereunder, Subscriber will be required to deliver to Proxxi an executed Proxxi Protection Promise Approved Payment Request Agreement. Proxxi or its designees may use third party service providers to assist in the processing of Proxxi Protection Promise Payment Request Forms and the investigation and evaluation of payment requests relating thereto.

  3. Determination of the Amount of the Eligible Loss

    • The amount of Eligible Losses shall be determined based on the Deductible required under an approved Insurance Claim for damages incurred while using the Product, and confirmation that the conditions and requirements set out in these terms have been satisfied in full

    • The amount paid in respect of the Eligible Losses shall never exceed the Limit as defined in Section 2.

    • Any amount of any Eligible Losses payable under Proxxi Protection Promise will not exceed the amount which would otherwise be recoverable by Subscriber if Subscriber were insured.  

7. Modification or Termination of Proxxi Protection Terms

    1. To the extent permissible by applicable law in Subscriber’s jurisdiction, Proxxi reserves the right to modify or terminate these Proxxi Protection Promise Terms, at any time, in its sole discretion.

    2. If Proxxi terminates these Proxxi Protection Promise Terms, Proxxi shall provide Subscriber with notice by email at least thirty (30) days before such termination and Proxxi will continue to process all Proxxi Protection Promise Payment Request Forms that Subscriber filed prior to the effective date of termination, but Subscriber’s right to file any new Proxxi Protection Promise Payment Request Forms will immediately terminate.

    3. If Proxxi modifies these Proxxi Protection Promise Terms, Proxxi will post the modification on the Proxxi website. Proxxi will continue to process all Proxxi Protection Promise Payment Request Forms that Subscriber filed prior to the effective date of the modification.

    4. In addition to and without limiting Proxxi’s rights set forth above in the immediately preceding paragraph, Proxxi reserves the right to modify or terminate these Proxxi Protection Promise Payment Request Forms at any time, in its sole discretion, if: (a) these Proxxi Protection Promise Terms are construed to be an offer to insure or constitute insurance or an insurance contract or insurance service agreement by any governmental or regulatory authority in any jurisdiction; (b) Proxxi is required to obtain an authorization, license or permit of any kind to continue to provide these Proxxi Protection Promise Terms in any jurisdiction; or (c) Proxxi determines or a court or arbitrator holds that the provisions of these Proxxi Protection Promise Terms violate applicable law. If Proxxi modifies or terminates these Proxxi Protection Promise Terms in accordance with the foregoing, Proxxi will process all Proxxi Protection Promise Payment Request Forms that Subscriber file prior to or as of the effective date of such modification or termination unless such processing is prohibited by law, regulation, ordinance, order, or decree of any governmental or other authority.

    5. The current version of the Proxxi Protection Promise Terms will be made available through the Proxxi website. The relevant version is the one prevailing at the date on which Proxxi receives the Proxxi Protection Promise Payment Request Forms.

8. General Terms

  1. Waiver. No failure or delay by a party in exercising any right, power or privilege hereunder shall operate as a waiver hereof nor shall any single or partial exercise thereof preclude any other or further exercise of any right, power or privilege.  

  2. Severability. If any portion of these Proxxi Protection Promise Terms are found to be illegal or unenforceable, then the parties shall be relieved of their responsibilities arising under such portion, but only to the extent that such portion is illegal or unenforceable.  If the remainder of the Proxxi Protection Promise Terms are not be affected by such declaration or finding, then each portion not so affected by such declaration or finding shall be enforced to the extent permitted by law.

  3. Entire Agreement. These Terms, The Subscriber’s subscription agreement, the Proxxi End User License Agreement, and Privacy Policy ] constitute the entire agreement between Proxxi and Subscriber concerning the subject matter hereof and supersedes all other agreements, discussions and negotiations, whether oral or written. This Agreement cannot be modified or amended except by a written agreement signed by an authorized officer of Proxxi. 

  4. Assignment. Subscriber may not assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Proxxi (not to be unreasonably withheld).  Proxxi may assign these Proxxi Protection Promise Terms in their entirety, without consent, to an Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its business, shares or assets.  

  5. No Third-Party Beneficiaries.  Except as expressly provided in these Proxxi Protection Promise Terms, there are no third-party beneficiaries to these Proxxi Protection Promise Terms.

  6. Notice. All notices under these Proxxi Protection Promise Terms shall be in writing and shall be deemed to have been given upon: (i) personal delivery; (ii) the second business day after mailing; (iii) the second business day after sending by confirmed facsimile; or (iv) the second business day after sending by email. Notices shall be addressed to the applicable party’s signatory as set out on the Order Form. 

  7. Governing Law. These Proxxi Protection Promise Terms shall be governed by the laws of the Province of British Columbia, Canada, excluding conflicts of law and choice of law principles and the United Nations Convention on Contracts for the International Sale of Goods, and any legislation implementing such Convention. Subscriber consent and attorn to the exclusive jurisdiction of British Columbia courts and waive trial by jury, except to the extent a waiver of a jury trial is not permitted by applicable law.

  8. Dispute Resolution. Before initiating arbitration or other legal action against the other relating to a dispute herein, the parties agree to work in good faith to resolve disputes and claims arising out of these Proxxi Protection Promise Terms. If the dispute is not resolved within thirty (30) days of the commencement of informal efforts hereunder, the parties will attempt to settle it in good faith by mediation. To initiate the mediation a party must give notice in writing to the other party requesting mediation. A copy of the request should be sent to ADR Chambers. The mediation will take place in Vancouver, British Columbia and the language of the mediation will be English. The mediation shall be governed by and construed and take effect in accordance with the substantive law of the Province of British Columbia. If the dispute is not settled by mediation within thirty (30) days of commencement of the mediation or within such further period as the Parties may agree to in writing, the dispute shall be referred to and finally resolved by binding arbitration at ADR Chambers. The arbitration shall be governed by the applicable rules of the Arbitration Act (British Columbia), and arbitration proceedings shall take place in Vancouver, British Columbia before one (1) arbitrator.  In the event the Parties are unable to agree as to the appointment of an arbitrator for any reason, then such arbitrator shall be selected randomly by ADR Chambers.  Each Party shall bear its own legal costs in connection with mediation and/or arbitration under this provision.

  9. Contact. If Subscriber have any questions about these Proxxi Protection Promise Terms, please contact us at: SUPPORT@PROXXI.CO