Terms and Conditions

Please read these Terms and Conditions (“Terms”) carefully before using our Products or Services.

These Terms are between you and Septilink Inc. and its affiliates (“Septilink”, “we” or “us”). Depending on how you obtained the Products or Services, “you” or “Customer” may be:

• a dealer, installer, authorized reseller, or distributor (“Dealer”) that purchases, deploys, resells, or services Products and Services;

• a builder, developer, installer, association, or other party that purchases Products or Services before provided to an end user;

• an individual or entity that purchased a Product or Service directly from Septilink or a Dealer; or

• an owner or occupant of a site where a Product is installed and who receives monitoring Services, whether or not that person purchased the Product or created an account with Septilink (a “Site Owner”).

Defined terms used in these Terms:

• “Activation” means the point at which the Service is turned on for a Site, whether performed by you or by another party (such as an installer or Dealer) on your behalf.

• “Authorized User” means a person permitted to access an account, which may include the Site Owner, the Dealer, an installer, or other parties involved in providing, servicing, or warranting the system.

• “Equipment” means the Products and related hardware placed, connected, or installed at a Site, whether owned by you, by Septilink, by a Dealer, or by a third party.

• “Product(s)” means Septilink monitoring and control hardware and related equipment, current and future.

• “Services” means, collectively, the Septilink customer portal at portal.septilink.com (the “Portal”), the Septilink mobile application (the “App”), and the related monitoring and communications service.

• “Site” means a location where a Product is installed and monitored.

• “Website” means Septilink's public website at septilink.com, which provides general information and from which Products or Services may be purchased. The Website is governed by these Terms but is not itself part of the subscribed Services.

Where you access the Services on behalf of a company or other legal entity, you represent that you are authorized to bind that entity and its personnel, and “you” and “Customer” include that entity.

Eligibility. You must be at least 18 years old, or the age of legal majority in your jurisdiction, and have the legal capacity to enter into a binding contract.

HOW YOU ACCEPT THESE TERMS. THE SERVICES MAY BE PURCHASED, INSTALLED, OR ACTIVATED BY YOU OR BY ANOTHER PARTY ON YOUR BEHALF. BY ACTIVATING, ACCESSING, OR USING THE SERVICES — OR BY RECEIVING THE BENEFIT OF THE SERVICES AT YOUR SITE — YOU AGREE TO BE BOUND BY THESE TERMS (OR THE THEN-CURRENT TERMS). THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY THAT FORM AN ESSENTIAL PART OF OUR BARGAIN.

Notice Regarding Dispute Resolution: These Terms contain provisions governing how disputes are resolved (see Section 15), including an obligation to mediate, unless you opt out as described there.

1. Services

1.1 What the Services do. The Services collect and process data (“Data”) from Septilink Products to provide monitoring and related functions. Features may change over time. Some Services may be subject to additional terms.

1.2 Third-party devices and data. The Services may exchange data with third-party devices or systems (“Third-Party Assets”). Data is exchanged only with Third-Party Assets we approve; approval does not guarantee they work correctly; we are not responsible for the quality or accuracy of third-party data; we may block third-party data that could harm the Services; and, except where the law says otherwise, we are not responsible for losses caused by Third-Party Assets.

2. Users, Accounts, and Equipment

2.1 Authorized Users. Only Authorized Users may use the Services. Adding or removing Authorized Users may be done by the Site Owner (where they have an account) or by a Dealer on the Site Owner's behalf as part of the service. You are responsible for activity under credentials issued to you and for keeping them confidential.

2.2 Accounts and self-management. Managing an account (for example, adding Authorized Users) requires an account through the Portal or App. A Site Owner who does not have an account may still receive the benefit of the Services (such as alerts) and may manage account items by contacting Septilink.

2.3 Equipment. These Terms govern the Services and not ownership of any Equipment. Equipment remains the property of its owner (which may be us, our Dealer, or a third party) unless and until you purchase it under a separate written purchase agreement. Placing, connecting, or installing Equipment at your Site does not create any ownership interest, lien, or security interest in your favor. Title to any Product you purchase passes only as stated in the applicable purchase agreement; unless we are the named seller in that agreement, we make no warranty or representation about the title to or ownership of any Product — questions of ownership are between you and the seller. As of installation, you are responsible for the safekeeping of all Equipment at your Site and bear the risk of its loss, theft, destruction, or damage, except for normal wear and tear and any defects covered by an applicable warranty. You will not sell, lease, pledge, assign, or create any security interest in the Equipment, will not remove or alter its serial numbers or tags, and will keep it free of all liens, claims, and encumbrances other than our own. You will provide us and our Dealer with reasonable access to the Site and the Equipment during normal business hours (and at any time in an emergency) to install, inspect, service, maintain, replace, recover, or remove the Equipment.

2.4 Receiving service through a Dealer. If you receive monitoring by subscribing to Service through a Dealer, both you and the Dealer may manage the account, and the Dealer may add or remove Authorized Users on your behalf. You may end a Dealer relationship at any time by discontinuing your subscription with that Dealer. When you do, the Dealer's real-time access to your Account and Data will stop as described in Section 5.

2.5 If you own your equipment. If you own the Product hardware and it remains in your possession and in working condition, you may end your relationship with a Dealer and continue to receive the Service either (a) directly from Septilink or (b) through a different Dealer using the same equipment (“portability”). You may also revoke a Dealer's access to your account and Data at any time; when you revoke access, the Dealer's access and its service end together. Revoking access does not end any separate agreement between you and the Dealer.

2.6 Activating on behalf of others. If you activate or arrange monitoring for a Site that is owned, occupied, or used by another person, you are responsible for informing those persons that the Site is monitored and that data, including location, is collected. That responsibility is yours, not Septilink’s.

3. Account and Payment

3.1 Your information. You must provide accurate registration information and keep it current. We may suspend or end access to the Services if we reasonably believe information is false, misleading, or incomplete.

3.2 Security. You must keep credentials confidential; you are responsible for activity under your credentials. You must inform us promptly about any unauthorized use, and cut off access for users who leave your organization.

3.3 Payment. You must pay all applicable fees and charges when due.

4. License and Restrictions

4.1 Your license. Subject to these Terms and payment of all applicable fees, Septilink grants you a limited, non-exclusive, revocable license to use the Services for your own business or personal use, not for resale except by authorized Dealers. All other rights remain with Septilink and its licensors.

4.2 Restrictions. You are prohibited from using the Services unlawfully or in breach of these Terms. In particular, you may not copy, modify, or create derivative works from the Services; reverse engineer them; sublicense, sell, or transfer them except as expressly permitted; remove proprietary notices; disrupt or overburden the Services; impersonate anyone; or violate applicable law, including export laws and regulations.

4.3 Third-party software. Any third-party software provided with the Services is supplied under its supplier's terms, and Septilink disclaims any and all liability for third-party software.

5. Data: Your Rights, Sharing, and Use

5.1 Your data. You retain whatever rights you have in the Data associated with your Site. You grant Septilink a license to use that Data to provide and improve the Services. Septilink does not sell Data or share it with third parties for their own independent purposes or for advertising.

5.2 Consent through the service relationship. When you subscribe to and pay for a Dealer's monitoring service, you authorize the data sharing necessary to provide that service, including access by the Dealer and by third parties (such as your installer) that the Dealer engages to deliver, support, or warrant the system. If you do not agree to this sharing, your remedy is to cancel the service.

5.3 Service data, including location. Septilink uses Data that identifies a Site or Product — including its location — to provide, maintain, and support the Services. How Septilink handles personal information, including location data, is described in the Privacy Statement found at: septilink.com/legal/privacy.

5.4 When sharing ends. When a subscription or sharing authorization ends, Septilink stops sharing new (real-time) Data with the affected Dealer or recipient. Data already shared remains with that recipient and is governed by the recipient's own obligations; Septilink retains historical Data under the terms of its Privacy Statement.

5.5 When Service ends. When the Service is discontinued — whether by ending a Dealer subscription, ending a Septilink direct subscription, or otherwise — Septilink stops collecting new Data from the Site going forward. Discontinuing the Service does not by itself delete Data already collected; historical Data is retained and handled under Septilink's document retention policy and is deleted only in accordance with the deletion process described in the Privacy Statement.

5.6 Improving the Services. Septilink uses Data to provide and improve the Services and its products. This includes Data that identifies your Site and its location, and may also include aggregated or de-identified data that does not identify any Site, Customer, or individual. You may ask Septilink to limit the use of your precise location to providing your service, as described in the Privacy Statement.

5.7 Service is tied to the Site Owner; change of ownership. The Service is provided to the Site Owner who activated it and is not transferable to a new owner. If a Site changes hands, the existing Service should be cancelled and new Service activated for the new owner, so that each owner's information and consent remain their own.

6. Privacy

6.1 For how Septilink handles personal information, see the Privacy Statement at septilink.com/legal/privacy. If these Terms and the Privacy Statement conflict, these Terms govern for contractual matters and the Privacy Statement governs for privacy practices.

6.2 Data is processed and stored in the United States and Canada and may be processed outside your jurisdiction. Data may travel over networks that are not fully secure, where interception is possible; you consent to this transmission.

7. Changes to and Discontinuance of the Services and Terms

7.1 Septilink may modify, suspend, or discontinue the Services, in whole or in part, at any time, with notice where practicable. To the extent permitted by law, Septilink is not liable for any modification, suspension, or discontinuation of the Services. This Section is subject to Sections 9 and 20.

7.2 Septilink may update these Terms from time to time. Updated Terms are effective when posted, with a revised “Last Updated” date, and Septilink may also provide notice through the App. Your continued use of the Services after updated Terms are posted means you accept them.

8. Coverage and Interruptions

8.1 Coverage and availability may be limited by weather, terrain, and other factors, and by networks or infrastructure that Septilink does not control. Connectivity is provided as part of the Service but is not guaranteed and may be unavailable or interrupted. Continued monitoring depends on available connectivity and, where applicable, an active subscription; if these are unavailable or end, monitoring may be interrupted or stop.

8.2 The Services are provided on a best-effort basis, and Septilink does not guarantee that they will be uninterrupted, timely, secure, or error-free. To the extent permitted by law, Septilink is not liable for any interruption, downtime, delay, transmission error, or unavailability of the Services, regardless of cause, including events beyond its reasonable control such as acts of God, government action, pandemic, or labor disputes. This Section is subject to Sections 9 and 20.

9. Limitation of Liability

9.1 EXCLUSION OF DAMAGES. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL SEPTILINK OR ITS AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD-PARTY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PROPERTY DAMAGE, EQUIPMENT FAILURE, OR SYSTEM OUTAGES) ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF, MISUSE OF, OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION SURVIVES IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND APPLIES REGARDLESS OF THE THEORY OF LIABILITY.

9.2 LIABILITY CAP. TO THE EXTENT PERMITTED BY LAW, SEPTILINK'S TOTAL LIABILITY WILL NOT EXCEED THE FEES YOU PAID SEPTILINK, DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, FOR THE SPECIFIC SERVICE THAT GAVE RISE TO THE CLAIM — AND NOT FEES PAID FOR ANY OTHER SERVICE, SITE, OR PORTION OF YOUR ACCOUNT.

These limitations are subject to Section 20 (Mandatory Consumer Law).

10. Your Indemnification

Upon our request, you will indemnify, defend, and hold harmless Septilink and its affiliates against third-party claims arising from your misuse of the Services, your unlawful use, or your breach of these Terms, and will pay resulting costs, awards, judgments, and reasonable attorneys' fees. Septilink may take over the defense of any such matter, and you agree to cooperate with Septilink. This Section is subject to Section 20.

11. Intellectual Property

11.1 Septilink and its licensors own all intellectual property rights in the Services and Products. You receive no rights except the license granted herein. Septilink owns intellectual property arising from the Services, and you hereby assign any such rights to Septilink. This does not change the treatment of Data under Section 5.

11.2 All trademarks, service marks, and logos belong to Septilink or their owners and may not be used without permission.

12. Suspension and Termination

12.1 Septilink may suspend or end access to the Services, without liability and with notice where practicable, if you breach these Terms, fail to pay, or if we reasonably believe the Services are being misused or used unlawfully.

12.2 Septilink may terminate your Services upon your insolvency, bankruptcy, or ceasing ordinary business.

12.3 You may stop or cancel Service as described in Section 17. What happens to your Data on termination is described in Section 5 and the Privacy Statement.

12.4 Survival. Sections that by their nature will survive termination — including the Data terms, limitation of liability, indemnification, and dispute resolution — survive termination of these Terms.

13. International Use

The Services are administered from the United States and Canada. Septilink makes no representation that the Services are appropriate or available elsewhere. You may not use, export, or re-export the Services in violation of applicable U.S., Canadian, or other export and sanctions regulations or laws. If you access the Services from outside the United States or Canada, you are responsible for local-law compliance.

14. Notices and Electronic Communications

By using the Services or emailing us, you consent to electronic communications, which satisfy any “in writing” requirement under the ESIGN Act and similar laws. If your contact information is inaccurate, Septilink is not liable for failing to reach you.

Please send notices to Septilink under these Terms by email to legal@septilink.com. If a physical address is required, notices may also be sent to Septilink Inc., Attn: Septilink Legal, 809 NE 2nd St, Kerens, TX 75144.

15. Legal Disputes and Mediation

15.1 First, talk to us. Please first raise any Product, Services, or legal concerns at septilink.com/contact. The parties agree to use best efforts to resolve any disputes through good-faith negotiation before any mediation or lawsuit.

15.2 Mediation. Disputes not resolved by negotiation under Section 15.1, will be submitted to mediation administered by a recognized mediation provider under its rules.

15.3 Class-action waiver. The parties waive any right to proceed on a class or representative basis, subject to Section 20.

15.4 Opt-out. You may opt out of the mediation and class-waiver provisions within 30 days of first accepting these Terms by emailing legal@septilink.com (or, if you prefer, by mail to Septilink Inc., Attn: Septilink Legal, 809 NE 2nd St, Kerens, TX 75144). If you opt out, Septilink is not bound by these provisions either.

15.5 Venue and governing law. To the extent mediation does not apply or is unsuccessful, litigation can be filed exclusively in the state or federal courts in Dallas, Texas, and the parties consent to jurisdiction there. These Terms are governed by Texas law and applicable U.S. federal law, without regard to conflicts-of-laws principles. Each of the foregoing is subject to Section 20. The prevailing party may recover reasonable attorneys' fees and costs.

15.6 Time to bring a claim. You must bring any claim relating to these Terms or the Services within one (1) year of the triggering event, subject to Section 20.

16. Terms of Sale

16.1 These Terms of Sale apply to purchases of Products and Services through our Website, the App, the Portal, or any other approved method. By purchasing Products and Services in any such manner, you agree to these Terms of Sale.

16.2 Product details and prices are as stated on the Website, App, and applicable price lists, and may change without notice. Our objective is to be as accurate as possible, but cannot guarantee all information or images are complete or current; items may be unavailable or differ from what is depicted on the Website or App. Promotional codes, when offered, are limited, non-transferable, and have no cash value.

16.3 We may limit quantities and may refuse or cancel orders. We have accepted an order only when we send or display confirmation. You pay shipping and handling amounts shown at checkout. Title and risk of loss pass to you upon delivery; delivery dates are only estimates.

16.4 Prices exclude taxes and shipping, which are itemized at checkout. Septilink collects and remits sales tax in states where it is required to do so. In states where Septilink is not required to collect sales tax, you are responsible for any applicable sales or use tax.

16.5 Fees for paid Services are due as specified at the time of purchase. Refunds, where applicable, are issued to the original payment method. Returns are handled under our Return and Warranty terms at septilink.com/legal/warranty, which apply in addition to any statutory rights you may have.

17. Service Plans and Cancellation

17.1 Plan types. Service is provided under the plan you select, which may be: (a) a prepaid term plan, purchased for a fixed period in advance; or (b) a recurring plan, billed periodically and renewing automatically until cancelled.

17.2 Prepaid term plans. Prepaid plans do not renew automatically and do not require stored payment information. Service continues for the prepaid period and then ends unless a new plan is purchased or activated. You may stop service early by contacting Septilink (or, if your service is through a Dealer, your Dealer); prepaid amounts for unused periods are non-refundable except as required by law. No cancellation is needed to avoid future charges, because there are none.

17.3 Recurring plans. Recurring plans renew automatically at the then-current price until cancelled by you. Septilink may change the price for future renewal periods without advance notice unless required by law; if you do not accept a price change, you may cancel before it takes effect. You may cancel a recurring plan at any time, and Septilink will make cancellation at least as easy as activation.

17.4 How to cancel. Cancellation is handled by whoever bills you: contact Septilink for service billed by Septilink, or your Dealer for service billed by a Dealer (where credits or proration may apply). At the end of a prepaid term, service ends unless you renew or select a new plan; if you choose a recurring plan at that time, Section 17.3 applies.

18. Limited Warranty and Disclaimers

18.1 Septilink offers a limited warranty for certain Products under its Limited Warranty and Returns Policy at septilink.com/legal/warranty, which is intended to comply with the Magnuson-Moss Warranty Act and applicable state and provincial law. All warranty claims are subject to that policy.

18.2 The Products and Services are for non-critical residential and commercial use only, not safety- or security-critical applications. They are not guaranteed to be available at all times and may be interrupted, including for reasons beyond Septilink's control.

18.3 THE PRODUCTS AND SERVICES ARE NOT A MONITORED EMERGENCY NOTIFICATION SYSTEM, AND SEPTILINK WILL NOT DISPATCH EMERGENCY SERVICES. THEY ARE INFORMATIONAL ONLY. DIRECT ALL EMERGENCIES TO APPROPRIATE EMERGENCY SERVICES.

19. Text Messaging

By providing your mobile number, you consent to receive non-marketing SMS messages about the Products and Services you use. Message and data rates may apply. You may opt out at any time by replying STOP to a message, or through your notification preferences. Some features may be unavailable without a mobile number or if you opt out.

20. General

20.1 Entire agreement. These Terms are the entire agreement between you and Septilink about the Services, superseding prior agreements on the same subject. No change is binding unless Septilink approves it in writing. Failure to enforce a provision is not a waiver. If any part is held invalid, the rest stays in effect.

20.2 Mandatory consumer law. Nothing in these Terms waives or limits any right, remedy, or protection that cannot be waived under the mandatory law applicable to you as a consumer in your home jurisdiction, including but not limited to certain U.S., state, and Canadian provincial consumer-protection and product-liability laws. To the extent any provision — including the limitation of liability, mediation, class-action waiver, venue, governing law, or limitations period — conflicts with such mandatory law, that law controls for you, only to the extent of the conflict, and the rest of these Terms remains in effect.

20.3 Official language. The official language of these Terms is English. If there is a conflict between the English version and a translation, the English version controls.

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