Alarm Installation and Services Agreement

1 Section 1 – INSURANCE; SECURITY DESIGN; ASSUMPTION AND ALLOCATION OF RISK

THE COMPANY IS NOT AN INSURER. THE SYSTEM AND SERVICES ARE NOT INSURANCE AND ARE NOT A SUBSTITUTE FOR INSURANCE.

CUSTOMER INSURANCE REQUIREMENT. You acknowledge that the amounts charged by 360 Powered Systems LLC ("360 Powered Systems," the "Company," "we," "us," or "our") for equipment, installation, monitoring, repair, maintenance, inspection, testing, battery replacement, and other services are based upon the equipment and services being provided and are not based upon the value of the Premises, your property, possessions, business, data, occupants, employees, customers, guests, or the amount or nature of any potential loss, damage, injury, liability, burglary, theft, robbery, fire, or other event.

You shall obtain and maintain, at your own expense, insurance reasonably appropriate for the Premises, property, occupancy, activities, and risks involved and in amounts reasonably sufficient to protect against losses you wish to insure. As applicable to your circumstances, such insurance may include homeowner's, renter's, commercial-property, casualty, general-liability, business-interruption, cyber, personal-property, bodily-injury, and other appropriate coverage. You acknowledge that losses may include burglary, theft, robbery, vandalism, trespass, fire, smoke, carbon monoxide, water damage, flooding, equipment failure, business interruption, loss of use, data loss, cyber incidents, property damage, bodily injury, personal injury, death, and other losses associated with the Premises.

Any insurance carried by the Company or a Company Related Party is maintained for that party's own business purposes. It is not procured for your benefit and is not insurance on your Premises, property, occupants, business, or risks. You shall not rely upon the existence, type, limits, or absence of any insurance maintained by the Company or any Company Related Party as protection for you or your property. The Company has not agreed to insure your risks or to assume risks ordinarily or reasonably capable of being insured by you. YOUR FAILURE TO OBTAIN OR MAINTAIN APPROPRIATE OR ADEQUATE INSURANCE SHALL NOT INCREASE THE LIABILITY OF THE COMPANY OR ANY COMPANY RELATED PARTY.

The Company has no duty to inspect, verify, monitor, advise upon, or determine the adequacy of your insurance coverage. Failure to maintain insurance required by this Section is a material breach of this Agreement and, subject to applicable law and any required notice, may be grounds for the Company to decline, suspend, or terminate Services. Any decision by the Company to provide or continue Services without requesting proof of insurance does not waive this requirement or transfer any uninsured risk to the Company.

NO COMPREHENSIVE SECURITY DESIGN OR RISK ASSESSMENT. Unless the Company expressly agrees otherwise in a separate written agreement, the Company is not being retained as a security consultant, security engineer, architect, risk-management consultant, crime-prevention consultant, or comprehensive security-system designer, and the Company is not undertaking a comprehensive security or vulnerability assessment of the Premises.

The Company's installation of an alarm or security system does not mean that the Company has identified, inspected, analyzed, or protected every possible point of entry, vulnerability, security weakness, method of intrusion, concealment location, environmental condition, criminal technique, camera blind spot, communication vulnerability, or other risk at the Premises. A System consisting of commonly used devices such as door contacts, window contacts, motion detectors, glass-break detectors, cameras, sirens, smoke or environmental sensors, or other devices provides limited layers of detection, notification, or deterrence. Such a System does not create an impenetrable perimeter and cannot make a residence or business burglar-proof, intrusion-proof, robbery-proof, vandalism-proof, fire-proof, cyber-proof, or otherwise free from risk.

Criminals or other persons may enter through an unprotected or unexpected location, defeat or bypass equipment, avoid detection devices, interfere with communications, damage equipment, exploit building construction or environmental conditions, use methods not anticipated by you or the Company, or otherwise enter or cause loss without activating the System.

The fact that the Company recommends, sells, installs, programs, services, takes over, repairs, inspects, or monitors a System does not constitute a representation or warranty that the number, type, placement, configuration, coverage, or operation of the devices is sufficient to detect, deter, or prevent every reasonably possible intrusion or other event.

THIRD-PARTY SECURITY REVIEW. If you require a comprehensive evaluation of every door, window, opening, roof access, attic access, crawlspace, garage, gate, fence, wall, glass area, vulnerable construction feature, possible point of entry, camera blind spot, interior area, communication vulnerability, or other security weakness, you should retain an independent qualified security consultant or other appropriate professional to conduct a comprehensive security assessment. You may provide resulting recommendations to the Company and request additional equipment or modifications. The Company may accept or decline such work and may charge separately for additional equipment or services.

If you elect not to obtain an independent security assessment, you acknowledge that you are accepting the System as installed or configured without a representation by the Company that every possible vulnerability has been identified or protected.

CUSTOMER APPROVAL OF SYSTEM. You are responsible for reviewing the proposed and installed System and determining whether you desire additional sensors, cameras, detectors, communication paths, backup equipment, monitoring features, or other protection. You may request additional protection at any time, subject to availability, technical feasibility, applicable law, and additional charges. If you believe the System does not provide sufficient protection for your needs, you must notify the Company and request additional equipment or services or obtain an independent security assessment. YOU SHOULD NOT USE OR RELY UPON THE SYSTEM AS THOUGH IT GUARANTEES COMPLETE PROTECTION.

NO GUARANTEE AGAINST LOSS. You acknowledge and agree that no alarm, security, surveillance, access-control, fire, environmental, automation, or monitoring system can eliminate all risk. THE COMPANY DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT THE SYSTEM OR SERVICES WILL PREVENT, DETECT, DETER, RECORD, REPORT, OR PROVIDE WARNING OF EVERY BURGLARY, THEFT, ROBBERY, TRESPASS, VANDALISM, FIRE, SMOKE CONDITION, CARBON MONOXIDE CONDITION, WATER EVENT, MEDICAL EMERGENCY, PROPERTY LOSS, CYBER INCIDENT, PERSONAL INJURY, DEATH, OR OTHER EVENT.

The System may fail, malfunction, be improperly used, be defeated, bypassed, damaged, disabled, jammed, interfered with, lose electrical power, lose battery power, lose internet or cellular communications, experience hardware, software, firmware, cloud, or third-party-service failure, fail to transmit a signal, transmit an incorrect signal, fail to record an event, or otherwise fail to operate as intended.

RISK ALLOCATION AND RELEASE. To the fullest extent permitted by applicable law, you acknowledge and agree that the risks of loss described in this Agreement remain with you and your insurers and are not transferred to the Company merely because the Company sells, recommends, installs, services, repairs, programs, takes over, inspects, tests, or monitors the System.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE AND WAIVE CLAIMS AGAINST THE COMPANY AND THE COMPANY RELATED PARTIES ARISING FROM OR RELATING TO THE FAILURE OF THE SYSTEM OR SERVICES TO PREVENT, DETECT, DETER, RECORD, REPORT, OR PROVIDE WARNING OF A LOSS OR EVENT, INCLUDING CLAIMS BASED UPON INADEQUATE SYSTEM DESIGN OR DEVICE PLACEMENT, FAILURE TO RECOMMEND ADDITIONAL EQUIPMENT, PRODUCT OR EQUIPMENT FAILURE, SOFTWARE OR FIRMWARE FAILURE, COMMUNICATION FAILURE, MONITORING FAILURE, OR CUSTOMER OR USER ERROR, SUBJECT TO THE OTHER TERMS AND LIMITATIONS OF THIS AGREEMENT.

Nothing in this Agreement is intended to release or limit liability to the extent applicable law expressly prohibits such release or limitation. Any liability that cannot lawfully be released remains subject, to the fullest extent permitted by law, to the other lawful limitations, exclusions, defenses, and remedies contained in this Agreement.

WEEKLY TESTING REQUIRED. You are responsible for learning how to properly operate and test the System and for ensuring that all persons authorized to use the System receive appropriate instructions. YOU MUST TEST THE SYSTEM AT LEAST ONCE EACH WEEK AND IMMEDIATELY FOLLOWING ANY POWER OUTAGE, INTERNET OR CELLULAR OUTAGE, STORM, CONSTRUCTION, RENOVATION, NETWORK CHANGE, ROUTER OR INTERNET-PROVIDER CHANGE, EQUIPMENT CHANGE, LOW-BATTERY CONDITION, COMMUNICATION FAILURE, OR OTHER EVENT THAT MAY AFFECT SYSTEM OPERATION.

Testing must be performed in accordance with equipment instructions and monitoring-provider procedures, including placing the System on test when necessary to avoid unnecessary emergency dispatch. You must immediately notify the Company of any known or suspected malfunction. Failure to regularly test the System or promptly report a known or suspected malfunction may prevent discovery of a System failure and may increase the risk of loss.

BY ACCEPTING THIS AGREEMENT AND USING THE SYSTEM OR SERVICES, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND ACCEPT THE ALLOCATION OF RISK DESCRIBED IN THIS SECTION AND THAT YOU WILL MAINTAIN YOUR OWN INSURANCE RATHER THAN RELY UPON THE SYSTEM, THE SERVICES, OR THE COMPANY AS INSURANCE AGAINST LOSS.

2 Section 2 – ALARM PERMITS, REGISTRATIONS, RENEWALS AND GOVERNMENTAL REQUIREMENTS

CUSTOMER RESPONSIBILITY FOR PERMITS. You acknowledge that cities, towns, counties, states, law-enforcement agencies, fire departments, alarm districts, or other governmental authorities may require an alarm permit, alarm registration, license, verification registration, inspection, testing, certification, renewal, fee, or other authorization relating to the installation, operation, monitoring, or emergency dispatch of an alarm system.

YOU, THE CUSTOMER, ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER ANY ALARM PERMIT, REGISTRATION, LICENSE, RENEWAL, INSPECTION, TEST, CERTIFICATION, OR OTHER GOVERNMENTAL REQUIREMENT APPLIES TO THE PREMISES AND FOR TIMELY COMPLYING WITH ALL SUCH REQUIREMENTS.

Where a permit or registration is required, you are responsible for obtaining the application, completing and submitting the application, providing accurate information, paying all initial and recurring fees, obtaining the permit or registration number, confirming that the permit or registration has been issued, maintaining it in good standing, and completing all required renewals before expiration. You must provide the Company and/or its monitoring provider with a valid permit or registration number and any other information reasonably required for monitoring or emergency dispatch.

CUSTOMER RESPONSIBILITY CONTINUES AFTER INITIAL REGISTRATION. Obtaining an initial permit or registration does not satisfy your continuing obligations under this Section. You are responsible for monitoring expiration dates, renewal notices, governmental correspondence, changes in permit requirements, changes in fees, inspection or testing requirements, and other continuing requirements imposed by the applicable jurisdiction. You remain responsible for renewal even if a governmental authority fails to send a renewal notice or sends a notice to an incorrect address, prior property owner, prior alarm company, monitoring provider, the Company, or another person.

360 POWERED SYSTEMS DOES NOT ORDINARILY OBTAIN CUSTOMER ALARM PERMITS. Obtaining, registering, maintaining, and renewing an alarm permit is the Customer's responsibility and is not included in installation, monitoring, or other recurring charges unless expressly stated otherwise in writing.

If you specifically request that the Company assist with obtaining or submitting an initial permit or registration, the Company may accept or decline the request in its sole discretion and only where such assistance is permitted by the applicable governmental authority and applicable law. If the Company agrees to provide such assistance, an additional administrative or service fee may apply.

Any assistance provided by the Company is solely an administrative convenience. You remain responsible for supplying complete and accurate information, paying governmental fees, confirming that the application has been accepted and the permit or registration issued, and complying with all governmental requirements. THE COMPANY'S ASSISTANCE WITH AN INITIAL PERMIT OR REGISTRATION DOES NOT CREATE ANY OBLIGATION OR CONTINUING DUTY TO MONITOR THE PERMIT, TRACK ITS EXPIRATION, RENEW IT, PAY RENEWAL FEES, COMPLETE FUTURE APPLICATIONS, PROVIDE FUTURE INSPECTIONS, OR OTHERWISE MAINTAIN THE PERMIT OR REGISTRATION.

PERMIT AND GOVERNMENTAL FEES. Permit fees, registration fees, renewal fees, governmental assessments, false-alarm charges, dispatch fees, inspection fees, certification fees, reinstatement fees, fines, penalties, citations, and other governmental or regulatory charges are not included in the Company's installation or recurring monitoring charges unless expressly stated otherwise in writing. YOU ARE RESPONSIBLE FOR ALL SUCH FEES, FINES, PENALTIES, ASSESSMENTS, CITATIONS, AND CHARGES ARISING FROM OR RELATING TO YOUR SYSTEM OR PREMISES, REGARDLESS OF WHETHER THEY ARE ASSESSED DIRECTLY AGAINST YOU, THE PROPERTY OWNER, THE COMPANY, OR A MONITORING PROVIDER. If an amount relating to your System, account, or Premises is charged to or paid by the Company or a Company Related Party, you agree to reimburse that amount to the extent permitted by law.

REQUIRED INSPECTIONS, TESTING, AND CERTIFICATIONS. A governmental authority, insurance company, property owner, landlord, lender, Customer, monitoring provider, or other person or entity may require periodic inspection, testing, certification, documentation, or verification of the System. Unless an inspection, test, certification, or related service is expressly identified as included in your Work Order, recurring service plan, or other written agreement with the Company, IT IS NOT INCLUDED IN YOUR MONTHLY OR RECURRING MONITORING CHARGE AND WILL BE PROVIDED ONLY UPON REQUEST AND AT THE COMPANY'S THEN-CURRENT SERVICE RATES.

The Company may perform different levels of inspection or testing depending upon the service requested and paid for. A QUICK, LIMITED, ROUTINE, OR GENERAL INSPECTION consists of a general functional review and testing of a representative or limited number of sensors, contacts, detectors, devices, or other components selected by the Company. It is not a test of every device, communication path, battery, camera, or component at the Premises. Unless a quote or Work Order expressly states that a comprehensive inspection is included, an inspection quoted or described simply as an "inspection," "annual inspection," "system inspection," or similar routine inspection may be performed as a quick or limited inspection.

A COMPREHENSIVE INSPECTION requires individual testing of each applicable device or component within the agreed scope at the Premises. A comprehensive inspection may require substantial time to complete and is a separate, one-time charge at the Company's then-current rate or separately quoted price. When practical, the Company may perform a comprehensive inspection during the same visit as annual battery replacement, but the inspection and battery-replacement services remain separately defined and charged unless expressly bundled in writing.

If a governmental authority or other requesting party requires a particular inspection procedure, certification form, percentage of devices tested, testing standard, documentation, or other requirement, you are responsible for informing the Company of those requirements before the inspection is scheduled. The Company may accept or decline to perform the requested inspection.

FALSE ALARMS. You are responsible for preventing false alarms and properly training all persons who may operate or interact with the System. You are responsible for all governmental fines, fees, penalties, assessments, dispatch charges, or other costs resulting from false alarms originating from the Premises. Excessive false alarms may result in increased governmental fees, suspension or revocation of an alarm permit, refusal or limitation of emergency response, enhanced verification requirements, suspension of monitoring Services, or termination of Services.

NO GUARANTEE OF GOVERNMENTAL OR EMERGENCY RESPONSE. You acknowledge that governmental authorities establish and control their own alarm-permit, verification, dispatch, response, inspection, and false-alarm policies. Such policies may change without notice to the Company. Police, fire departments, emergency responders, and other governmental agencies may refuse, delay, downgrade, limit, suspend, or discontinue response because a permit or registration is missing, expired, suspended, revoked, incorrect, unpaid, or otherwise not in good standing; because of excessive false alarms; because verification requirements have not been satisfied; or for another reason determined by the applicable authority.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND COMPANY RELATED PARTIES SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE, INJURY, DEATH, THEFT, BURGLARY, PROPERTY DAMAGE, BUSINESS LOSS, OR OTHER CONSEQUENCE RESULTING FROM OR RELATING TO THE CUSTOMER'S FAILURE TO OBTAIN, MAINTAIN, RENEW, PAY FOR, OR OTHERWISE COMPLY WITH A REQUIRED PERMIT, REGISTRATION, LICENSE, INSPECTION, CERTIFICATION, OR OTHER GOVERNMENTAL REQUIREMENT, OR FROM ANY GOVERNMENTAL AUTHORITY'S DELAY, REFUSAL, LIMITATION, OR FAILURE TO RESPOND.

CHANGES IN LAW OR REQUIREMENTS. Alarm ordinances, permit requirements, registration procedures, inspection requirements, verification requirements, false-alarm rules, fees, and emergency-response policies may change during the Term. You are responsible for complying with requirements applicable to your Premises as they exist from time to time. The Company may notify you of a known change or requirement as a courtesy, but the Company's failure to discover or notify you of a governmental requirement, expiration, renewal date, inspection requirement, or change does not transfer your compliance responsibility to the Company.

CONDITION OF INSTALLATION OR MONITORING. Where applicable law, a governmental authority, or the monitoring provider requires a permit or registration number before installation, activation, monitoring, or dispatch, the Company may delay installation, activation, monitoring, or emergency dispatch until you provide the required information. The Company's decision to install, activate, monitor, or continue providing Services without having received a permit number does not constitute a representation that no permit is required, does not waive your obligations under this Section, and does not make the Company responsible for your compliance.

3 Section 3 – GENERAL TERMS AND CONDITIONS

Acceptance of this Agreement; Term. This Agreement is between 360 Powered Systems LLC ("360 Powered Systems," "Company," "we," "us," or "our") and the customer identified in the applicable Work Order, proposal, invoice, monitoring account, electronic acceptance, or other service documentation ("you," "your," or "Customer").

You accept this Agreement and agree to be legally bound by its terms when you manually or electronically sign this Agreement, an Acceptance, Work Order, proposal, service order, or other record that expressly incorporates or references this Agreement. You acknowledge that before acceptance you received, or were provided electronic access to, this Agreement and had an opportunity to read and review it. An electronic record or signature may be used as provided in Section 30.

Unless a different term is expressly stated in writing, recurring Services are provided on a month-to-month basis. The Term begins upon acceptance of this Agreement and continues until terminated in accordance with this Agreement. Termination of one Service does not automatically terminate another Service unless the Company confirms that the other Service is also terminated.

MULTIPLE SERVICES UNDER ONE AGREEMENT OR BILLING ACCOUNT. The Company may provide more than one Service under this Agreement, including alarm monitoring, equipment services, battery replacement, inspection, testing, maintenance, repair, remote access, interactive services, and other recurring or non-recurring services, including recurring work that is not itself an alarm-monitoring service. Different Services may share the same Agreement, account, billing date, billing cycle, invoice, subscription, or payment transaction.

THE FACT THAT MULTIPLE SERVICES ARE BILLED TOGETHER OR PROVIDED DURING THE SAME BILLING PERIOD DOES NOT MEAN THAT ONE SERVICE IS INCLUDED IN THE PRICE OR SCOPE OF ANOTHER SERVICE. Alarm-monitoring charges do not include inspections, maintenance, repairs, battery replacement, permit services, equipment replacement, or other Services unless expressly identified as included in writing. Likewise, inclusion of another recurring service on the same account does not make that service part of alarm monitoring and does not expand the Company's alarm-monitoring duties or liability.

Contract Documents. This Agreement, together with the applicable Work Order, proposal, invoice, service plan, monitoring information, electronic acceptance, and any addendum or rider expressly incorporated into this Agreement, contains the agreement between you and the Company concerning the applicable System and Services. Specific equipment, pricing, frequency, and purchased Services stated in those documents supplement this Agreement.

No oral statement, sales discussion, advertisement, estimate, recommendation, or other communication modifies this Agreement or creates a warranty, guarantee, duty, or obligation not contained in the applicable written contract documents. A material modification individually negotiated with you must be documented in writing or electronically and accepted by the Company.

IMPORTANT CUSTOMER ACKNOWLEDGMENT. YOU ACKNOWLEDGE THAT THIS AGREEMENT CONTAINS IMPORTANT PROVISIONS CONCERNING CUSTOMER INSURANCE, SECURITY-SYSTEM DESIGN LIMITATIONS, ASSUMPTION AND ALLOCATION OF RISK, CUSTOMER TESTING AND MAINTENANCE, PERMIT RESPONSIBILITY, LIMITATION OF LIABILITY, WARRANTY LIMITATIONS, INDEMNIFICATION, WAIVER OF SUBROGATION, DISPUTE RESOLUTION, ARBITRATION, LIMITATION OF CLAIMS, WAIVER OF JURY TRIAL, AND WAIVER OF CLASS OR REPRESENTATIVE PROCEEDINGS.

Home-Solicitation and Other Statutory Cancellation Rights. If a residential transaction is a home-solicitation sale or another transaction for which applicable law provides a nonwaivable cancellation or rescission right, that law controls. Where required, the Company will provide a separate statutory Notice to Buyer and/or Notice of Cancellation. This Agreement does not eliminate any cancellation right that applicable law does not permit you to waive.

Current Version. The version of this Agreement accepted by you, together with later amendments validly made under this Agreement and applicable law, governs your account. The Company's website may display the current generally offered version at 360poweredsystems.com/. The posting of a new website version alone does not retroactively replace the version you accepted. Changes to Services, rates, operational policies, or generally applicable terms are governed by Section 11.

4 Section 4 – INSTALLATION AND INITIAL WARRANTY

The Company agrees to install or take over (“installation”) the System in a workmanlike manner, and you agree to pay all applicable installation and activation charges. You must pay all utility charges associated with such installation and the subsequent operation of the System. You agree to make the Premises available without interruption during the Company’s normal working hours to permit completion of installation work. You understand that installation of the System may require drilling into various parts of the Premises or other interior or exterior work that may require access to non-visible areas. You agree to provide the Company with 110 AC electrical outlets for the Company’s power equipment in locations designated by the Company. It is your responsibility to make arrangements for lifting and replacing carpeting for the installation of floor mats and/or wiring, if required. It is the intent of the Company to conceal wiring in the finished areas of the Premises, however, there may be areas where the Company determines, in its sole discretion, that it is impractical to conceal wiring. In such areas, wiring may remain exposed. The Company is not responsible for pre-existing or concealed water intrusion, mold, fungi, wet or dry rot, bacteria, structural deterioration, or similar conditions not caused by the Company, and you must disclose known hazardous or moisture conditions before work begins. You must notify the Company in writing of any problems with the installation within thirty (30) days after the completion of installation.

Ordering of hardware, programming, and installation cannot begin until after agreement has been signed, customer forms filled out, work order/invoice has been paid and recurring monthly payments have been set up. In addition if required by local laws permit obtained and permit number acquired.

Installation, equipment, activation, and other non-recurring charges are due as stated in the applicable Work Order or invoice. Recurring monitoring or other recurring Service charges begin on the Service start date stated in the applicable Work Order, invoice, service plan, or electronic enrollment. If no separate recurring-Service start date is stated, recurring charges begin when the applicable recurring Service is activated or first made available to you. Signing the Agreement or paying an installation invoice does not, by itself, cause recurring monitoring charges to begin before the applicable recurring Service is activated or made available, unless the applicable contract document expressly states otherwise.

Find Warranty information in Section 15, 16, 17.

SCOPE AND CONDITIONS. Installation includes only the equipment and work identified in the applicable Work Order, proposal, invoice, or other written scope. Any addition, relocation, upgrade, programming change, or additional work may require a written or electronic change authorization and additional charges.

You acknowledge that walls, ceilings, attics, crawlspaces, landscaping, underground areas, existing wiring, and other concealed or inaccessible areas may contain conditions not reasonably discoverable before work begins. Unless caused by the Company's failure to perform the agreed work in a workmanlike manner, the Company is not responsible for pre-existing, concealed, or latent conditions or damage resulting from those conditions.

NO CODE, INSURANCE, OR SECURITY CERTIFICATION. Unless expressly agreed otherwise in writing, installation, testing, inspection, repair, monitoring, or servicing of the System does not constitute a certification or warranty that the Premises or System satisfies every building code, fire code, life-safety standard, insurer underwriting requirement, lender requirement, security standard, or other third-party requirement. This provision does not excuse the Company from requirements that applicable law expressly imposes on the work the Company agrees to perform.

5 Section 5 – TAKEOVER AND WARRANTY

If the Company is taking over the operation of an existing System, you agree to pay all charges for taking it over. You represent that the System is and remains your property. The Company has the right to inspect the System to determine that it is in good operating condition and is eligible for Repair/Extended Warranty coverage. The Company, in its sole discretion, may elect not to take over all or any portion of an existing System, including if it determines that they are not in good working order or will not operate with Company Equipment (defined below) or the Services. The Company will notify you of any required repair/replacements costs related to the System. If you decline to pay such costs, the Company can terminate this Agreement without liability. After the takeover, the Company will always own the transmitting device, which contains the Company’s proprietary data, and any touchscreen panel or other multimedia hub device provided by Company.

No Warranty will be provided on any take over hardware or any labor provided by another company, person or business.

Find additional Warranty information in Section 15, 16, 17.

LIMITED TAKEOVER INSPECTION. Any inspection performed in connection with a takeover is limited to the devices, functions, and conditions reasonably observable or tested during the takeover. It is not a comprehensive certification of every device, wire, battery, communication path, program setting, or hidden component. Hidden defects, intermittent failures, obsolete or unsupported equipment, damaged wiring, incompatible components, prior improper installation, unauthorized programming, environmental damage, depleted batteries, or other conditions may exist and may not be discoverable during ordinary takeover work. The Company may require repair, replacement, or removal of takeover equipment before or after activation if a condition is later discovered.

6 Section 6 – MONITORING SERVICES

THIRD-PARTY CENTRAL STATION. If Monitoring Services are purchased, 360 Powered Systems LLC (the “Company”) will arrange for the System to be monitored by a third-party central monitoring station or other monitoring service provider selected or approved by the Company (the “Monitoring Provider”).

The Monitoring Provider performs the actual receipt, processing, verification, notification, and dispatch-related functions associated with alarm signals generated by the System on behalf of the Company.

Customer purchases and pays the Company for the Monitoring Services. The fact that the actual monitoring functions are performed by a third-party Monitoring Provider does not change Customer’s payment obligations to the Company. Unless a separate agreement expressly provides otherwise, Customer does not have a direct contractual relationship with the Monitoring Provider merely because the Monitoring Provider performs Monitoring Services for Customer’s account.

The Company may subcontract, assign, arrange, or cause all or any portion of the Monitoring Services to be performed by the Monitoring Provider or other Company Related Parties. The Company may provide such parties with Customer information, emergency contact information, alarm information, account information, passcodes, permit information, System information, and other information reasonably necessary to establish, administer, maintain, and perform the Monitoring Services.

The Company may change Monitoring Providers, central stations, communication providers, software providers, or other service providers from time to time without Customer’s consent, provided the Company intends to continue providing substantially similar Monitoring Services.

To the fullest extent permitted by applicable law, the protections, releases, limitations of liability, indemnification provisions, waivers, defenses, and other rights afforded to the Company under this Agreement are intended to also benefit the Monitoring Provider and other applicable Company Related Parties.

COMMENCEMENT OF MONITORING. Monitoring Services will begin only after the System has been installed or taken over, is operational, the required communication path has been established, the monitoring account has been activated with the Monitoring Provider, and any information, documentation, payment, permit information, emergency contacts, or other activation requirements applicable to the account have been completed.

The installation of equipment by itself does not mean that Monitoring Services have begun.

Customer is responsible for providing complete and accurate emergency contact information and any other information reasonably requested for monitoring. Customer must promptly update such information whenever it changes.

The Company and Monitoring Provider are entitled to rely upon the emergency contact information, instructions, passcodes, passwords, permit information, and other account information provided by Customer until updated information is actually received and processed.

Persons identified by Customer as authorized contacts may be permitted to act on Customer’s behalf with respect to alarm events, including verifying an alarm, cancelling an alarm response, providing information, or otherwise communicating instructions concerning the monitored account, subject to the Monitoring Provider’s procedures.

ALARM VERIFICATION AND RESPONSE PROCEDURES. Customer acknowledges that the Monitoring Provider may use alarm verification, enhanced call verification, video verification, audio verification, electronic verification, contact-list procedures, automated procedures, or other procedures required or permitted by applicable law, governmental authorities, industry standards, insurance requirements, or the Monitoring Provider’s operating procedures.

These procedures may require the Monitoring Provider to attempt to contact Customer or one or more designated contacts before requesting police, fire, medical, private security, or other emergency response.

CUSTOMER ACKNOWLEDGES THAT VERIFICATION PROCEDURES MAY DELAY THE REQUEST FOR OR DISPATCH OF EMERGENCY RESPONDERS.

The Monitoring Provider may modify its verification, notification, or response procedures from time to time in response to governmental requirements, industry standards, insurer requirements, technological changes, false-alarm policies, emergency-agency requirements, or the Monitoring Provider’s own operating procedures.

IF THE MONITORING PROVIDER REASONABLY DETERMINES IN ACCORDANCE WITH ITS PROCEDURES THAT NO EMERGENCY CONDITION EXISTS, THAT A SIGNAL APPEARS TO BE A FALSE ALARM, THAT REQUIRED VERIFICATION HAS NOT OCCURRED, THAT CUSTOMER OR AN AUTHORIZED CONTACT HAS CANCELLED THE EVENT, OR THAT REQUESTING EMERGENCY RESPONSE IS NOT REQUIRED, APPROPRIATE, OR PERMITTED, THE MONITORING PROVIDER MAY ELECT NOT TO REQUEST EMERGENCY RESPONSE.

Neither the Company nor the Monitoring Provider guarantees that Customer or any emergency contact will be successfully reached.

FALSE ALARMS; TEST STATUS; PROBLEM ACCOUNTS. Customer acknowledges that applicable law, governmental authorities, emergency responders, and Monitoring Providers may impose procedures intended to reduce false alarms.

If the System generates repeated, excessive, abnormal, runaway, unexplained, or apparently malfunctioning alarm signals, the Company or Monitoring Provider may place the System or account into test status, suspend response to certain signals, require repairs, require Customer action, modify response procedures, or suspend Monitoring Services until the condition is corrected.

The Company or Monitoring Provider may also place the account into test status at Customer’s request, during installation, repair, maintenance, inspection, testing, programming, equipment replacement, communication-system work, or when reasonably necessary to prevent unnecessary emergency dispatch.

WHILE AN ACCOUNT OR SYSTEM IS IN TEST STATUS, SOME OR ALL ALARM SIGNALS MAY NOT RESULT IN CUSTOMER NOTIFICATION, EMERGENCY NOTIFICATION, OR EMERGENCY DISPATCH.

Customer is responsible for confirming that the System has been removed from test status after Customer testing or other work when the applicable procedure requires Customer to do so.

COMMUNICATION AND TRANSMISSION SYSTEMS. Customer understands that the System communicates with the Monitoring Provider through one or more communication or transmission systems. These may include cellular, internet protocol, broadband, Wi-Fi, Ethernet, radio, telephone, VoIP, cloud-based communications, or other present or future technologies.

The Company may determine or change the communication method used by the System when reasonably necessary or appropriate.

Communication and transmission systems may be owned, operated, maintained, or controlled by telecommunications carriers, internet providers, cellular carriers, manufacturers, cloud-service providers, software providers, utilities, or other third parties that are not controlled by the Company.

Such systems may be affected by equipment failure, inadequate signal strength, network congestion, internet failure, cellular failure, power failure, maintenance, upgrades, service changes, discontinuation of technology, weather, environmental conditions, radio-frequency interference, signal jamming, physical damage, cyberattack, governmental action, carrier changes, or other conditions.

Without notice from Customer or notification generated by the System, the Company and Monitoring Provider may not know that a communication path has failed or become impaired.

THE COMPANY AND MONITORING PROVIDER CANNOT RECEIVE AN ALARM SIGNAL THAT DOES NOT SUCCESSFULLY REACH THE MONITORING PROVIDER.

The Company does not guarantee that any communication or transmission method will remain available, compatible, uninterrupted, secure, or supported for any particular period.

WIRELESS AND CELLULAR COMMUNICATIONS. If the System uses wireless, radio, or cellular communications, Customer acknowledges that operation may depend upon radio-frequency signal strength, network availability, carrier coverage, network congestion, building construction, environmental conditions, interference, jamming, carrier technology, and other factors outside the Company’s control.

Wireless or cellular service may become unavailable temporarily or permanently because of carrier changes, technology sunset, network upgrades, governmental restrictions, service-provider decisions, or other circumstances.

Additional equipment, programming, service, replacement communicators, or charges may be required if an existing communication technology is discontinued or becomes incompatible with the System.

POWER AND BACKUP POWER. The System, communication equipment, routers, modems, network equipment, and other components may depend upon electrical power.

Battery backup, where installed, provides only temporary backup power and does not guarantee continuous System operation during an extended outage.

Customer is responsible for maintaining electrical power and for maintaining or replacing batteries and other backup-power components except where such maintenance or replacement is expressly included in a separate Service purchased from the Company.

CUSTOMER TESTING OBLIGATION. CUSTOMER MUST TEST THE SYSTEM AT LEAST ONCE EACH WEEK AND IMMEDIATELY FOLLOWING ANY STORM, POWER OUTAGE, INTERNET OUTAGE, CELLULAR OUTAGE, COMMUNICATION FAILURE, ROUTER OR NETWORK CHANGE, INTERNET-PROVIDER CHANGE, CONSTRUCTION, RENOVATION, EQUIPMENT CHANGE, LOW-BATTERY CONDITION, OR OTHER EVENT THAT MAY AFFECT SYSTEM OPERATION.

Customer must conduct testing in accordance with the System instructions and Monitoring Provider procedures, including placing the account into test status when appropriate to avoid unnecessary emergency dispatch.

Customer must promptly notify the Company of any known or suspected failure, communication problem, malfunction, abnormal signal, missing signal, low-battery condition, or other System problem.

Failure to test the System or report a known or suspected problem may permit a malfunction to remain undiscovered.

INTERRUPTION OR FAILURE OF MONITORING. Customer understands that no monitoring service is error-free or continuously guaranteed.

Monitoring Services may be interrupted, delayed, degraded, or unavailable because of faulty equipment, failed communication systems, internet or cellular outages, electrical outages, carrier problems, software or cloud failures, cyber incidents, damaged equipment, maintenance, testing, governmental action, emergency conditions, natural disasters, labor disputes, acts of third parties, or other circumstances.

Neither the Company nor the Monitoring Provider is required to provide substitute monitoring or communication services while an interruption continues unless expressly agreed otherwise in writing.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND COMPANY RELATED PARTIES SHALL NOT BE LIABLE FOR LOSS ARISING FROM AN ALARM SIGNAL THAT IS NOT TRANSMITTED, IS NOT RECEIVED, IS DELAYED, IS CORRUPTED, IS INCORRECTLY TRANSMITTED, IS NOT PROCESSED, OR CANNOT BE ACTED UPON BECAUSE OF SYSTEM FAILURE, COMMUNICATION FAILURE, THIRD-PARTY SERVICE FAILURE, CUSTOMER ACTION OR INACTION, OR ANOTHER CONDITION COVERED BY THIS AGREEMENT.

Any liability that cannot lawfully be excluded remains subject to the limitations of liability and other risk-allocation provisions contained elsewhere in this Agreement.

REMOTE ACCESS, MOBILE APPLICATIONS, AND INTERACTIVE FEATURES. Monitoring Services may include or be used with remote-access applications, mobile applications, web portals, notifications, automation, video features, cloud services, or other interactive functionality.

Such functionality may depend upon third-party software, internet connectivity, cellular connectivity, cloud infrastructure, Customer devices, operating systems, application updates, manufacturer services, credentials, and other technologies outside Company control.

The Company does not guarantee that remote access, applications, notifications, automation, video, cloud services, or other interactive features will always function, remain compatible, remain available, provide timely notifications, or continue to be offered.

Failure of a mobile application, push notification, text message, email notification, web portal, or other interactive feature does not necessarily mean the underlying central-station Monitoring Services have failed, and failure of central-station monitoring does not necessarily mean an interactive feature will indicate such failure.

NO GUARANTEE OF EMERGENCY RESPONSE. Receipt of an alarm signal by the Monitoring Provider does not guarantee that police, fire, medical, private security, or other emergency responders will be contacted, dispatched, respond, arrive within any particular period, locate the Premises, gain access to the Premises, or prevent or reduce any loss, damage, injury, or death.

Emergency responders are independent third parties and are not controlled by the Company or Monitoring Provider.

Customer acknowledges that emergency responders may forcibly enter the Premises when responding to an alarm and that the Company and Monitoring Provider are not responsible for reasonable property damage caused by emergency responders acting in response to an alarm event, to the fullest extent permitted by applicable law.

NO DIRECT GUARANTEE BY COMPANY OF CENTRAL-STATION PERFORMANCE. The Company selects and arranges Monitoring Services through third-party providers but does not itself operate the central monitoring station unless expressly stated otherwise in writing.

The Company does not guarantee that a third-party Monitoring Provider, telecommunications carrier, internet provider, cellular carrier, emergency agency, manufacturer, cloud provider, or other third party will perform without error or interruption.

Nothing in this Section expands the Company’s liability beyond the limitations, releases, indemnification provisions, insurance requirements, waivers, and other risk-allocation provisions contained elsewhere in this Agreement.

7 Section 7 – CHARGES, FEES, TAXES AND BILLING

You agree to pay all charges associated with the Services, including, but not limited to, installation, activation and Service charges, 360 Powered Systems Equipment (as defined below) charges, measured charges, third party charges, applicable federal, state, and local taxes (however designated), permitting and regulatory fees, and any other fees or assessments of any municipal, state and federal government imposed on the Company or the Services. You will be responsible for paying any government imposed fees and taxes that become applicable retroactively. We will provide you with notice and an effective date of any change in our prices or fees applicable to your Services, unless the change in price is related to a change in governmental or quasi-governmental taxes, fees, or assessments, in which case we may elect not to provide notice except where required by applicable law. Not all fees apply to all Services.

State and Federal Fees and Taxes if required will be in addition to the base monthly monitoring fee and initial cost of the system.

Unless you are subject to a minimum term arrangement, Services are provided to you on a month-to-month basis. You will generally be billed monthly, in advance, for recurring service charges, equipment charges, and fees. YOU MUST PAY, ON OR BEFORE THE DAY WE INSTALL ANY OF THE SERVICES, THE FIRST MONTH’S SERVICE CHARGES, 360 POWERED SYSTEMS EQUIPMENT CHARGES, ANY DEPOSITS, AND ALL INSTALLATION AND ACTIVATION CHARGES. Your first recurring-Service bill may include prorated charges beginning on the recurring-Service start date stated in the applicable Work Order, invoice, service plan, or electronic enrollment or, if no separate date is stated, the date the applicable recurring Service is activated or first made available, together with recurring charges for the next billing period and charges for non-recurring Services already provided. You may be billed for some Services individually after they have been provided to you; these may include charges for interactive services and e-commerce. If you receive Service(s) under a promotion, after the promotional period ends regular charges for the Service(s) will apply.

WE DO NOT WAIVE OUR RIGHTS TO COLLECT THE FULL BALANCE OWED TO US BY ACCEPTING PARTIAL PAYMENT. WE WILL APPLY THE PARTIAL PAYMENT TO THE OUTSTANDING CHARGES IN THE AMOUNTS AND PROPORTIONS THAT WE DETERMINE.

Third-Party Charges That Are Your Responsibility. You acknowledge that you may incur charges with third-party service providers as a result of accessing on-line services, or purchasing, licensing or subscribing to other offerings via the Internet or through interactive options. Those charges are separate and apart from the amounts charged by us. You are solely responsible for all such charges payable to third parties, including all applicable taxes. In addition, you are solely responsible for protecting the security of credit card and other personal information provided to others in connection with such transactions.

Alternative Billing Arrangements. The Company may agree to provide billing services on behalf of third parties, as the agent of the third party. Any such third-party charges shall be payable pursuant to any contract or other arrangement between you and the third party. We will not be responsible for any dispute regarding these charges between you and any third party. You must address all such disputes directly with the third party.

Recurring monitoring and other recurring Services must be paid through a Company-approved automatic payment method unless the Company agrees otherwise in writing. You authorize the Company to charge the approved payment method maintained on your account for recurring charges and other amounts properly due under this Agreement and the applicable contract documents. You agree to keep your payment information current so as not to allow a lapse in Services. Your use of a credit card, debit card, bank account, or other payment method is also subject to the agreement with the applicable issuer or financial institution. If the Company does not receive payment from the payment provider or its agents, you remain responsible for all amounts due upon demand. If the Company accepts payment by check, you authorize electronic collection of the check where permitted. You may not amend or modify this Agreement or your obligations through a restrictive endorsement such as “paid in full,” or through a statement or release accompanying a payment, and any such notation shall have no legal effect to the fullest extent permitted by law.

If you are receiving other services from the Company or any affiliate of the Company the Company may elect, in its sole discretion, to provide you with a single bill for the Services and the 360 Powered Systems Related Services.

You may be billed fees, charges, and assessments related to late or nonpayment’s if for any reason (a) the Company does not receive payment for the Services by the payment due date or (b) you pay less than the full amount due for the Services.

Fees Not Considered Interest or Penalties: The Company does not anticipate that you will fail to pay for the Services on a timely basis, and we do not extend credit to customers. Any fees, charges, and assessments due to late payment or nonpayment are liquidated damages intended to be a reasonable advance estimate of our costs resulting from late payments and non-payments. These costs will be difficult to calculate or to predict when we set such fees, charges, and assessments, because we cannot know in advance: (a) whether you will pay for the Services on a timely basis, if ever; (b) if you do pay late, when you will actually pay; and (c) what costs we will incur because of your late payment or non-payment.

If we use a collection agency or attorney to collect money owed by you, you agree to pay the reasonable costs of collection. These costs include, but are not limited to, any collection agency’s fees, reasonable attorneys’ fees, and arbitration or court costs.

The Company may apply payments it receives from you, for Services and/or 360 Powered Systems Related Services, to charges in the order and manner it so elects.

MULTIPLE SERVICES AND COMBINED BILLING. The Company may combine charges for alarm monitoring, equipment, battery replacement, inspections, maintenance, repairs, interactive features, and other recurring or non-recurring Services on one invoice or payment transaction. Combined billing is an administrative convenience only and does not combine the scope, warranty, frequency, or liability applicable to separate Services. Each Service includes only what is expressly stated for that Service in the applicable contract documents.

8 Section 8 – LATE PAYMENTS, NONPAYMENT, OR FAILURE TO PAY ON DUE DATE

LATE OR FAILED PAYMENTS. If you fail to pay the full amount due for any Service when due, you are in breach of this Agreement. Subject to applicable law, the Company may suspend, reduce, or disconnect any or all affected Services, including monitoring, remote access, interactive features, cellular communication, or other recurring Services, without assuming any increased liability as a result of the suspension or disconnection.

A payment default does not terminate this Agreement or eliminate the risk-allocation, insurance, payment, indemnification, limitation-of-liability, dispute-resolution, or other provisions intended to protect the Company. Your obligations and the Company's contractual protections continue during any delinquency, suspension, or disconnection and survive termination as provided in this Agreement.

The Company may, but is not required to, continue one or more Services temporarily while an account is delinquent. Any temporary continuation is a courtesy and does not waive the default, create a course of dealing, extend credit, or obligate the Company to continue Service in the future.

If a Service is restored after suspension or disconnection, the Company may require payment of all past-due amounts and applicable reconnection, activation, installation, trip, programming, or service charges. Restoration is subject to technical availability, third-party requirements, the Company's current policies, and applicable law.

If you intend to dispute a charge or request a billing credit, you must notify the Company within sixty (60) days after the charge appears, except to the extent applicable law requires a longer period or does not permit waiver. Failure to timely notify the Company may waive the billing dispute to the fullest extent permitted by law.

Subject to applicable law and the Company's then-current practices, the Company may use lawful collection methods and may obtain or use information reasonably necessary for legitimate billing, credit, fraud-prevention, or collection purposes.

9 Section 9 – PAPERLESS BILLING AND AUTOMATIC PAYMENTS

You agree to paperless billing which means we will not send you a physical hardcopy of the bill. You may receive an email or text message to your phone indicating a payment must be made or a receipt for an automatic payment that has been made. You may receive an invoice or receipt depending on the account type.

You agree to Automatic Payments which means you will have your credit card or other source of payment automatically billed or charged each month for the services the Company provides. You must keep your Email, Cellular Phone Number and Credit Card up to date with the Company, if you do not we can and may terminate your service at any time after we discover the email, cellular phone number or credit card are no longer in service or useable by the Company.

10 Section 10 – REFUNDABLE DEPOSIT

We may require you to pay a refundable deposit when you activate the Service(s), if you add Company Equipment or Service(s), or if you fail to pay any amounts when they are due. If we disconnect your Service(s) or are otherwise required under applicable law to refund the deposit, we shall within forty-five (45) days or as otherwise specified by applicable law return a sum equal to the deposit(s) you paid (without interest unless otherwise required by law) minus any amounts due on your account (including without limitation, any amounts owed for Services, 360 Powered Systems Related Services and any 360 Powered Systems Equipment that is damaged, altered, or not returned).

11 Section 11 – CHANGES TO SERVICE

CHANGES TO SERVICES, EQUIPMENT, FEATURES, AND RATES. Subject to applicable law, the Company may modify the Services, Company Equipment, third-party providers, technical requirements, programming, features, functionality, hours of availability, or rates and charges from time to time. The Company may also discontinue a Service or feature that becomes unavailable, obsolete, unsupported, unlawful, unsafe, or commercially impracticable.

Where applicable law or this Agreement requires notice of a material change, notice may be provided electronically to the email address or telephone number on file, on an invoice or billing notice, through an electronic contracting platform, or by another method permitted by law. If you find a material change to a month-to-month Service or its price unacceptable, you may cancel the affected Service before the effective date of the change, subject to charges already incurred and any nonwaivable legal requirements.

Continued use of an affected month-to-month Service after the effective date of a properly communicated operational or pricing change constitutes acceptance to the extent permitted by law. The Company will not rely solely on a website posting to retroactively replace the version of this Agreement you accepted. A material amendment to arbitration, the limitation of liability, or another core dispute or risk-allocation provision will apply only to the extent validly accepted or otherwise enforceable under applicable law.

The current generally offered version of the Company's Alarm Installation and Services Agreement may be viewed at 360poweredsystems.com/.

12 Section 12 – CUSTOMER TERMINATION AND FEES

CUSTOMER TERMINATION. Unless a different written term applies, recurring Services are month-to-month and may be cancelled as provided in this Section. To protect against unauthorized cancellation of security Services, the Company must receive a cancellation request in writing from an email address on file for the account or through another cancellation method expressly authorized by the Company. The Company may require reasonable identity or account verification.

The Company requests at least seventy-two (72) hours' notice before the next billing date to allow removal from automatic billing. If a valid cancellation request is received after billing has already been processed or too late to prevent the next scheduled recurring charge, the charge may process. Prepaid recurring charges and portions of a billing period already paid are non-refundable except where applicable law requires otherwise.

Unless you expressly request a future effective date and the Company agrees, monitoring and related Services may be terminated as soon as reasonably practicable after the Company receives and verifies the cancellation request. Once monitoring is terminated, emergency dispatch and monitoring obligations cease.

Upon cancellation or termination, mobile applications, remote access, notifications, automation, programming capabilities, cloud storage, video recording, interactive features, cellular communication, or other functions may immediately cease or become unavailable. Hardware purchased by you may operate differently, lose programming capabilities, or stop functioning in whole or in part if it depends on Company or third-party Services. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT ANY SYSTEM OR EQUIPMENT WILL CONTINUE TO OPERATE, EITHER FULLY OR PARTIALLY, AFTER TERMINATION OF SERVICES.

Charges incurred before termination, including interactive fees, false-alarm charges, third-party charges, governmental charges, equipment amounts, added Services, or other amounts properly attributable to your account, remain payable and may be invoiced or charged after termination as permitted by your payment authorization and applicable law.

If a Service requires a broadband or other communications connection as a primary communication path, your failure to maintain a compatible connection may result in suspension or termination of that Service. Such suspension or termination does not eliminate amounts already due or the provisions of this Agreement that survive termination.

13 Section 13 – OFFSET RIGHTS

OFFSET RIGHTS. Upon termination or expiration of a Service or this Agreement, and to the fullest extent permitted by law, the Company may apply any credit, deposit, refund, or other amount it owes you against any matured and undisputed amount you owe the Company, including unpaid Service charges, equipment charges, governmental or third-party charges passed through to your account, replacement cost of unreturned Company Equipment, and lawful collection costs. The Company will refund any remaining amount owed to you after lawful offsets within the period required by applicable law. This Section does not create a termination fee where none otherwise applies.

14 Section 14 – LIMITATION OF LIABILITY

THE COMPANY AND COMPANY RELATED PARTIES ARE NOT INSURERS. The fees charged for the System and Services are not based upon the value of the Premises, your property, or the amount of any potential loss and are calculated in reliance upon the allocation of risk and limitations contained in this Agreement.

LIMITATION OF LIABILITY. IF THE COMPANY OR ANY COMPANY RELATED PARTY IS FOUND LIABLE FOR ANY LOSS, DAMAGE, INJURY, OR CLAIM ARISING OUT OF OR RELATING TO THE SYSTEM OR SERVICES, INCLUDING INSTALLATION, SYSTEM DESIGN OR CONFIGURATION, DEVICE SELECTION OR PLACEMENT, TAKEOVER, MONITORING, SIGNAL TRANSMISSION, DISPATCH, REPAIR, MAINTENANCE, INSPECTION, TESTING, BATTERY SERVICE, EQUIPMENT, SOFTWARE, FIRMWARE, APPLICATIONS, COMMUNICATIONS, OR FAILURE TO PERFORM, THE AGGREGATE LIABILITY OF THE COMPANY AND ALL COMPANY RELATED PARTIES SHALL, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOT EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00).

This $250 limitation is an agreed allocation of risk and is not a penalty. It applies to the fullest extent permitted by law regardless of whether a claim is characterized as arising in contract, warranty, negligence, tort, product liability, contribution, indemnity, or another legal theory. The limitation is intended to apply to claims alleging ordinary negligence by the Company or a Company Related Party to the fullest extent permitted by applicable law.

If you desire the Company to assume a greater contractual limit of liability, you may request a written rider before a loss occurs. Any greater limit is effective only if the Company agrees in writing and you pay any additional charge stated in the rider. An agreement to increase the contractual limit of liability does not make the Company or a Company Related Party an insurer.

EXCLUDED DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND COMPANY RELATED PARTIES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF DATA, LOSS OF RECORDINGS, LOSS OF EVIDENCE, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, OR DIMINUTION IN VALUE. The $250 aggregate limitation also applies, to the fullest extent permitted by law, to direct damages, property damage, bodily injury, personal injury, death, economic loss, and third-party claims arising from or relating to the System or Services.

This Section does not exclude or limit liability to the extent applicable law expressly prohibits a particular exclusion or limitation. If a particular limitation is determined unenforceable as applied to a specific claim, the remaining lawful limitations, releases, exclusions, defenses, and remedies in this Agreement remain effective. The Company and you agree that the fees charged would be substantially higher if the Company were required to assume the value of the Premises, Customer property, or the consequences of a security loss.

15 Section 15 – LIMITED WARRANTY

For ninety (90) days beginning on the date the Company substantially completes the original installation of Company-supplied equipment at the Premises, the Company warrants that if a part of that System originally supplied and installed by the Company does not work because of a covered defect in the equipment or Company installation workmanship under ordinary intended use, the Company will repair or replace the covered part at no charge to you, subject to this Agreement. This Limited Warranty does not apply to takeover equipment, Customer-supplied equipment, or equipment not originally supplied and installed by the Company unless expressly stated otherwise in writing. The warranty does not cover any hardware that was broken, ruined, destroyed or failing from weather, water, electric surge, burglar destruction, pets, person hitting the hardware by mistake or otherwise, or any other non-normal use situation. The Company may use reconditioned parts in making repairs, but the Company warrants the replacement parts only for the remainder of the warranty period. You must notify the Company of any problem you claim the Company’s limited warranty covers within the warranty period. This limited warranty is for the Customer’s benefit only and may not be enforced by any other person.

This limited warranty is the only warranty the Company makes, is made only with respect to the portions of the System originally installed by the Company, and takes the place of all other warranties whether express or implied. NO EXPRESS OR IMPLIED WARRANTIES EXTEND BEYOND THE FACE OF THIS AGREEMENT. THE COMPANY MAKES NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The Company does not promise that the System or the Services cannot be compromised or that they will always provide the intended signaling, monitoring or other service. If a court decides the Company has given you any implied warranty, it will extend only for the length of the limited warranty period. Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This limited warranty gives you specific legal rights. You may also have other legal rights that vary from state to state.

You acknowledge and agree that no contractor, subcontractor, supplier, service provider or other vendor of the Company makes any warranty, including any implied warranty, other than such express warranties as may be provided by such person to you in writing.

If you, another alarm provider, an occupant, employee, contractor, or other unauthorized person modifies, tampers with, adds, removes, relocates, reprograms, repairs, replaces, damages, or otherwise changes any part of the System, the Company may deny warranty coverage to the extent the claimed defect, failure, damage, or service need was caused by, contributed to by, or cannot reasonably be evaluated because of that unauthorized work or change. To the fullest extent permitted by law, the Company is not responsible for losses or failures attributable to unauthorized work, changes, or tampering. This paragraph does not eliminate responsibility for the Company’s own covered installation workmanship to the extent applicable law does not permit that responsibility to be waived.

Any equipment not purchased from the Company is not covered by the Company’s Limited Warranty as to the equipment itself. If the Company agrees to install Customer-supplied equipment, the Company does not warrant the equipment’s design, manufacture, condition, compatibility, fitness, reliability, firmware, software, manufacturer support, or continued availability. To the fullest extent permitted by law, the Company is not responsible for a failure, defect, incompatibility, or loss attributable to Customer-supplied equipment. Any warranty on the Company’s own installation workmanship remains subject to the terms, exclusions, and limitations of this Agreement.

THIRD-PARTY PRODUCTS AND SERVICES. The Company is not the manufacturer or developer of third-party equipment, firmware, software, applications, cloud services, communication services, or other third-party products. Except for the Company's own installation workmanship and any written warranty expressly provided by the Company, the Company does not warrant against manufacturing defects, design defects, software or firmware errors, cybersecurity vulnerabilities, product recalls, product discontinuation, loss of manufacturer support, cloud outages, or third-party service changes. Manufacturer warranties, if any, are provided by the manufacturer according to its terms.

16 Section 16 – REPAIR AND EXTENDED WARRANTY

Our Systems do not come with any Extended Warranty but an Extended Warranty can be purchased in addition to the monthly monitoring cost. Details will be found in the invoice, work order, contract, or agreement.

If you have accepted any of our Repair/Extended Warranty coverages, the Company agrees to provide repair/extended warranty service to the System, whether originally installed or a takeover System, for a term described in such plan commencing after the end of the Company’s Limited Warranty and you agree to pay the Company the applicable fees for such Service. The Repair/Extended Warranty coverage will automatically renew for successive terms of the same length unless terminated by either party. You agree not to allow anyone besides the Company’s employees or agents to repair the System.

The Company will provide all labor, material(s) and parts necessary to service the System due to defects in the System and ordinary wear and tear.

At your request, the Company will repair or replace the System at the Company’s then-prevailing prices after the expiration of the Limited Warranty or, if purchased, the Repair/Extended Warranty. At your request, the Company will also repair or replace anything excluded from the Limited Warranty and Extended Limited Warranty at the Company’s then-prevailing prices. You will also pay the Company’s minimum service charge if the Company cannot enter the Premises at the scheduled time for any repair or warranty work.

17 Section 17 – WARRANTY EXCLUSIONS

The Limited Warranty and the Repair/Extended Warranty do not apply to: (a) batteries, wiring, bulbs, LEDs, security window screens, and exterior mounted devices, (b) portions of any take over System that we determine are not in good operating condition at the time of take over; (c) to service calls outside of the Company’s normal business hours for warranty and repair work; and (d) if, upon inspection, the Company determines that the need for service was caused by acts beyond the Company’s control such as accidents, power surges, misuse, lack of proper maintenance, unauthorized change or acts of God (including lightning, fires, earthquakes, tornadoes, hurricanes, floods, etc.).

OUR WARRANTY DOES NOT COVER ANY KIND OF USER ERROR, FORGETTING HOW TO USE THE SYSTEM, FORGETTING CODES, AND/OR LOW BATTERIES, ETC. IF WE ARE CALLED OUT FOR A SERVICE WHERE THE ISSUE IS NOT FAILING HARDWARE BUT USER ERROR OR USER FAILED TO MAINTAIN BATTERIES OR HARDWARE ACCORDINGLY A SEPARATE FEE OR CHARGE WILL BE INCURRED.

The Limited Warranty and any Repair/Extended Warranty also do not apply to failures caused by changes to internet service, cellular service, routers, modems, network names, passwords, wireless coverage, firewalls, electrical systems, third-party integrations, mobile devices, applications, manufacturer cloud services, or other equipment or services outside the Company's reasonable control, unless the applicable plan expressly states otherwise.

18 Section 18 – CUSTOMER INDEMNITY; INSURED LOSSES; WAIVER OF SUBROGATION

This Agreement is intended for your benefit and the benefit of the Company and applicable Company Related Parties, and does not create contractual rights in occupants, guests, tenants, employees, customers, invitees, insurers, or other third parties except for Company Related Parties expressly protected by this Agreement.

CUSTOMER INDEMNIFICATION. To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company and the Company Related Parties from third-party claims, suits, judgments, damages, losses, liabilities, fines, penalties, costs, and reasonable attorneys' fees to the extent arising from or relating to: (a) your breach of this Agreement; (b) false alarms, alarm permits, governmental citations, or dispatch charges attributable to the Premises or your account; (c) acts or omissions of you, an occupant, employee, tenant, guest, contractor, property manager, or other person for whom you are responsible; (d) unsafe or undisclosed conditions at the Premises; (e) unauthorized use, modification, tampering, relocation, or servicing of the System; or (f) a third-party claim seeking recovery for a loss that this Agreement allocates to you or your insurance.

Nothing in this Section requires you to indemnify, defend, or hold harmless the Company or a Company Related Party for that party's sole negligence, gross negligence, recklessness, intentional misconduct, or other liability to the extent such indemnification is prohibited by applicable law. If applicable law permits indemnification only to a particular extent, this Section applies only to that permitted extent.

INSURED LOSSES AND WAIVER OF SUBROGATION. In the event of a loss covered by your insurance, you agree to look first to your own insurance for recovery to the extent contemplated by Section 1. To the fullest extent permitted by your insurance policies and applicable law, you waive rights of recovery and subrogation against the Company and Company Related Parties for insured losses or losses this Agreement allocates to you and your insurers. You agree to use reasonable efforts to obtain insurance permitting such waiver where commercially available. Nothing in this paragraph requires you to impair coverage or violate the terms of an insurance policy.

19 Section 19 – CUSTOMER ADDITIONAL AGREEMENTS

AUTHORITY AND ACCOUNT INFORMATION. You represent that you are at least eighteen (18) years old and have authority to enter into this Agreement. You agree to provide information that is accurate, complete, and current, including your legal name, service address, telephone number, email address, payment information, emergency contacts, and monitoring information. You must promptly notify the Company of changes. Failure to provide and maintain accurate information is a breach of this Agreement.

SYSTEM TAMPERING AND PROGRAMMING. You will not tamper or interfere with the System or permit unauthorized persons to do so. Subject to applicable law and the applicable Services, you authorize the Company to make programming changes reasonably necessary to install, maintain, troubleshoot, update, secure, monitor, suspend, or terminate the System or Company Equipment.

COMMUNICATION RECORDING. To the extent permitted by applicable law, the Company may record, retain, and use telephone calls, electronic communications, service communications, and communications with persons at the Premises for legitimate business, training, quality, documentation, security, dispute-resolution, and service purposes.

ACCESS TO PREMISES. You agree to allow the Company and its authorized agents reasonable access to the Premises, physically or remotely as applicable, at reasonable times for installing, testing, maintaining, upgrading, replacing, repairing, programming, or removing the System or Company Equipment. You represent that you own the Premises or have authority to authorize the work and access. If you are not the owner, you are responsible for obtaining necessary owner authorization. You must disclose known hazardous or unsafe conditions that may affect the work.

CHANGES IN OWNERSHIP OR OCCUPANCY. You must notify the Company promptly of a sale, lease, change of occupancy, business closure, relocation, or other change reasonably affecting the Premises or account. Your payment and other obligations that accrued before termination continue even if you leave or transfer the Premises.

LIMITED SERVICE AUTHORIZATION; NO GENERAL AGENCY. You authorize the Company to communicate with monitoring providers, cellular or internet service providers used for the System, manufacturers, software or cloud providers, emergency contacts, and other Company Related Parties as reasonably necessary to provide, support, modify, suspend, or terminate the Services. This authorization does not make the Company your general, exclusive, fiduciary, legal, insurance, or security agent and does not authorize the Company to make unrelated decisions on your behalf.

20 Section 20 – FALSE ALARMS

You agree to prevent false alarms and assume all responsibility for them. If the System generates excessive false alarms, you will be in breach of this Agreement and the Company may terminate monitoring services and recover damages from you. If a false alarm fee, fine, costs, expenses or penalty is charged to the Company, you agree to pay for the charges. If the Company notifies you of a malfunction, you will disconnect the System until the Company can repair it. If (a) you default under this Agreement, (b) this Agreement or the Services are terminated by either party for any reason, (c) the System becomes a “runaway” system or excessively signals the monitoring facility without apparent reason, or (d) in the opinion of monitoring facility personnel, the System otherwise becomes a “problem account,” we may suspend the Services and you authorize the Company to disconnect the System from the monitoring facility. The exercise of any such rights shall not be deemed a waiver of Company’s right to damages.

21 Section 21 – CUSTOMER EQUIPMENT PURCHASED FROM 360 POWERED SYSTEMS

If you choose to purchase the required equipment, you agree to purchase all equipment, hardware, software, wiring and System parts required for your System to function. All parts of the system purchased by the customer from the Company will be owned by the Customer. You agree to use the Equipment only for the Services pursuant to this Agreement during your term with us. You agree that at any time an addition, removal, change or update to the Equipment is required there may be an interruption to your Service.

YOU UNDERSTAND AND ACKNOWLEDGE THAT IF YOU ATTEMPT TO INSTALL OR USE THE PURCHASED EQUIPMENT OR SERVICES AT A LOCATION OTHER THAN THE ORIGINAL INSTALLED PREMISES, THE SERVICES MAY FAIL TO FUNCTION OR MAY FUNCTION IMPROPERLY.

You agree that you will not allow anyone other than the Company or its agents to service the Equipment during your term with the Company. The Company suggests that the all Equipment in your possession be covered by your homeowners, renters, or other insurance. You will be directly responsible for loss, repair, replacement and other costs, or damages.

Any equipment not purchased from the Company will not have a Limited Warranty. Equipment provided by the customer may be installed by the Company but will not receive any warranty. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY IS NOT RESPONSIBLE FOR A FAILURE, DEFECT, INCOMPATIBILITY, RECALL, LIMITATION, OR OTHER LOSS ATTRIBUTABLE TO CUSTOMER-SUPPLIED EQUIPMENT. This does not eliminate responsibility for the Company's own installation workmanship to the extent applicable law does not permit such responsibility to be disclaimed.

The Equipment, including any firmware or software embedded in, or “downloaded” from time to time to, the Equipment or used to provide the Services, are protected by trademark, copyright, patent and/or intellectual property laws and international treaty provisions. You are granted a revocable license to use such firmware and software in object code form (without making any modification thereto) strictly in accordance with this Agreement. You acknowledge and understand that you are not granted any other license to use the firmware or software embedded in the Equipment or used to provide the Services. You expressly agree that you will use the Equipment exclusively in connection with the Services. You shall not take any action nor allow anyone else to take any actions that will reverse compile, disassemble, reverse engineer, or otherwise attempt to derive the source code from the binary code of the firmware or software.

The purchased equipment may come with battery powered motion detectors, smoke detectors, door and window contact transmitters, and other detection sensors are not connected to the electrical system of the Premises. Such detection sensors require batteries to operate. THESE BATTERY POWERED DETECTION SENSORS WILL NOT OPERATE, AND THE ALARM WILL NOT SOUND, IF THE BATTERIES ARE LOW OR DEAD. You are responsible for maintaining and replacing the batteries in these battery powered detection sensors and you should regularly inspect such sensors for dirt and dust buildup and test them weekly to help maintain continued operation. THE COMPANY STRONGLY RECOMMENDS THAT YOU READ THE OWNER’S MANUAL FOR ALL EQUIPMENT. THE OWNER’S MANUAL CONTAINS VERY IMPORTANT INFORMATION SUCH AS OPERATING INSTRUCTIONS AND EQUIPMENT TESTING AND MAINTENANCE INFORMATION. YOU SHOULD ALSO READ ALL INSTRUCTIONS, WARNINGS AND OTHER INFORMATION ON THE EQUIPMENT ITSELF.

The Equipment may include a Touchscreen/Multimedia Hub Device (the “Multimedia Hub”) from which you may, among other things, operate and control the System. The Multimedia Hub also will permit you to access and use certain features and applications which will be made available to you subject to a revocable license either by the Company or a third party. You are required to agree to and comply with all applicable license terms and conditions associated with the Multimedia Hub and any such applications, and any use of the Multimedia Hub and any such applications shall constitute your acceptance and agreement to such license terms. Certain features or applications may only be available with a subscription to other 360 Powered Systems Related Services. The Company may remotely activate or disable any feature or application on the Multimedia Hub with or without notice to you. You agree to pay all charges assessed with respect to the downloading, license or use of any feature or application with the Multimedia Hub. The Multimedia Hub contains software that consists of interactive applications that perform a variety of communications over the Internet as part of their normal operation. Some of these communications features are automatic and are enabled by default. By installing and/or using the Multimedia Hub, you consent to such communications features. Once you use the Multimedia Hub, user information including your User ID may be transmitted with communications to Company’s or its service providers’ servers. This information is used to access your account and to provide certain services.

SOFTWARE AND SERVICE-SPECIFIC TERMS. Third-party software, applications, cloud services, and equipment may be subject to manufacturer or provider license terms and privacy policies. The Company may also provide a service-specific policy when reasonably necessary for a particular feature or Service. A service-specific policy does not retroactively modify the core risk-allocation, liability, or dispute provisions of this Agreement except as permitted under Section 11 and applicable law.

The Company makes no representation or warranty that any software or application installed on your Equipment, downloaded to your Equipment, or available through the Internet does not contain a virus or other harmful feature. It is your sole responsibility to take appropriate precautions to protect any Equipment from damage to its software, files, and data as a result of any such virus or other harmful feature. We may, but are not required to, terminate all or any portion of the installation or operation of the Services if a virus or other harmful feature or software is found to be present on your Equipment. We are not required to provide you with any assistance in removal of viruses. If we decide, in our sole discretion, to install or run virus check software on your Equipment, we make no representation or warranty that the virus check software will detect or correct any or all viruses. You acknowledge that you may incur additional charges for any service call made or required on account of any problem related to a virus or other harmful feature detected on your Equipment. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND COMPANY RELATED PARTIES ARE NOT RESPONSIBLE FOR DAMAGE TO OR LOSS OF HARDWARE, SOFTWARE, FILES, OR DATA CAUSED BY A VIRUS, MALWARE, OTHER HARMFUL FEATURE, OR AN ATTEMPT TO REMOVE IT, EXCEPT TO THE EXTENT THE LOSS IS CAUSED BY CONDUCT FOR WHICH APPLICABLE LAW DOES NOT PERMIT LIABILITY TO BE DISCLAIMED.

CYBERSECURITY AND CONNECTED SERVICES. No internet-connected, cellular-connected, wireless, remotely accessible, or cloud-connected system can be guaranteed secure. Risks include unauthorized access, hacking, credential theft, account takeover, malware, ransomware, viruses, denial-of-service attacks, wireless interference, signal jamming, software or firmware vulnerabilities, zero-day vulnerabilities, manufacturer or cloud-provider breaches, and other known or unknown cyber threats. You are responsible for maintaining the security of networks, routers, modems, email accounts, mobile devices, passwords, access credentials, and multi-factor authentication that are outside the Company's direct control.

CAMERAS, RECORDINGS, AND ANALYTICS. If the System includes cameras, microphones, video doorbells, recording devices, cloud storage, or video-management services, the Company does not guarantee that any particular event will be detected, observed, recorded, stored, retained, transmitted, retrievable, intelligible, admissible, or suitable for identification or evidentiary use. Recordings may be lost, overwritten, corrupted, unavailable, incomplete, interrupted, or of insufficient image or audio quality. Any artificial-intelligence, machine-learning, computer-vision, facial-recognition, person-detection, vehicle-detection, package-detection, license-plate-recognition, motion-classification, object-recognition, or similar automated feature is assistive technology only and may produce false positives, false negatives, missed detections, incorrect classifications, or other errors. The Company does not warrant the accuracy, completeness, reliability, or availability of such automated features.

22 Section 22 – COMPANY EQUIPMENT OWNED BY 360 POWERED SYSTEMS AND LEASED, RENTED, OR PROVIDED FOR LIMITED USE

You agree that, except for the wiring installed inside the Premises and any take over System (excluding the transmitting device and any touchscreen panel or other multimedia hub device provided by the Company and used with a takeover System), all equipment belongs to the Company or other third parties and will not be deemed fixtures or in any way part of the Premises (collectively, the “Company Equipment”) unless otherwise provided in writing by the Company. You agree to use Company Equipment only for the Services pursuant to this Agreement. The Company may inspect, remove and/or change the Company Equipment at the Company’s discretion at any time the Services are active or following the termination of Service. You agree that the Company’s addition, removal, change or update to the Company Equipment may interrupt your Service. You may not sell, lease, abandon, or give away the Company Equipment. The Company Equipment may only be used in the Premises. At your request, the Company may relocate the Company Equipment. YOU UNDERSTAND AND ACKNOWLEDGE THAT IF YOU ATTEMPT TO INSTALL OR USE THE COMPANY EQUIPMENT OR SERVICES AT A LOCATION OTHER THAN THE PREMISES, THE SERVICES MAY FAIL TO FUNCTION OR MAY FUNCTION IMPROPERLY. You agree that you will not allow anyone other than the Company or its agents to service the Company Equipment. The Company suggests that the Company Equipment in your possession be covered by your homeowners, renters, or other insurance. You will be directly responsible for loss, repair, replacement and other costs, damages, fees and charges if you do not return the Company Equipment to the Company in an undamaged condition upon the termination of Service.

The Company Equipment, including any firmware or software embedded in, or “downloaded” from time to time to, the Company Equipment or used to provide the Services, are protected by trademark, copyright, patent and/or intellectual property laws and international treaty provisions. You are granted a revocable license to use such firmware and software in object code form (without making any modification thereto) strictly in accordance with this Agreement. You acknowledge and understand that you are not granted any other license to use the firmware or software embedded in the Company Equipment or used to provide the Services. You expressly agree that you will use the Company Equipment exclusively in connection with the Services. You shall not take any action nor allow anyone else to take any actions that will reverse compile, disassemble, reverse engineer, or otherwise attempt to derive the source code from the binary code of the firmware or software.

The Company’s battery powered motion detectors, smoke detectors, door and window contact transmitters, and other detection sensors are not connected to the electrical system of the Premises. Such detection sensors require batteries to operate. THESE BATTERY POWERED DETECTION SENSORS WILL NOT OPERATE, AND THE ALARM WILL NOT SOUND, IF THE BATTERIES ARE LOW OR DEAD. You are responsible for maintaining and replacing the batteries in these battery powered detection sensors and you should regularly inspect such sensors for dirt and dust buildup and test them weekly to help maintain continued operation. THE COMPANY STRONGLY RECOMMENDS THAT YOU READ THE OWNER’S MANUAL FOR ALL EQUIPMENT. THE OWNER’S MANUAL CONTAINS VERY IMPORTANT INFORMATION SUCH AS OPERATING INSTRUCTIONS AND EQUIPMENT TESTING AND MAINTENANCE INFORMATION. YOU SHOULD ALSO READ ALL INSTRUCTIONS, WARNINGS AND OTHER INFORMATION ON THE EQUIPMENT ITSELF.

Touchscreen/Multimedia Hub Device. The Company Equipment may include a Touchscreen/Multimedia Hub Device (the “Multimedia Hub”) from which you may, among other things, operate and control the System. The Multimedia Hub also will permit you to access and use certain features and applications which will be made available to you subject to a revocable license either by the Company or a third party. You are required to agree to and comply with all applicable license terms and conditions associated with the Multimedia Hub and any such applications, and any use of the Multimedia Hub and any such applications shall constitute your acceptance and agreement to such license terms. Certain features or applications may only be available with a subscription to other 360 Powered Systems Related Services. The Company may remotely activate or disable any feature or application on the Multimedia Hub with or without notice to you. You agree to pay all charges assessed with respect to the downloading, license or use of any feature or application with the Multimedia Hub.

The Multimedia Hub contains software that consists of interactive applications that perform a variety of communications over the Internet as part of their normal operation. Some of these communications features are automatic and are enabled by default. By installing and/or using the Multimedia Hub, you consent to such communications features. Once you use the Multimedia Hub, user information including your User ID may be transmitted with communications to Company’s or its service providers’ servers. This information is used to access your account and to provide certain services.

SOFTWARE AND SERVICE-SPECIFIC TERMS. Third-party software, applications, cloud services, and equipment may be subject to manufacturer or provider license terms and privacy policies. The Company may provide a service-specific policy when reasonably necessary for a particular feature or Service. A service-specific policy does not retroactively modify the core risk-allocation, liability, or dispute provisions of this Agreement except as permitted under Section 11 and applicable law.

The Company makes no representation or warranty that any software or application installed on Company Equipment, downloaded to Company Equipment, or available through the Internet does not contain a virus or other harmful feature. It is your sole responsibility to take appropriate precautions to protect any Company Equipment from damage to its software, files, and data as a result of any such virus or other harmful feature. We may, but are not required to, terminate all or any portion of the installation or operation of the Services if a virus or other harmful feature or software is found to be present on your Company Equipment. We are not required to provide you with any assistance in removal of viruses. If we decide, in our sole discretion, to install or run virus check software on your Company Equipment, we make no representation or warranty that the virus check software will detect or correct any or all viruses. You acknowledge that you may incur additional charges for any service call made or required on account of any problem related to a virus or other harmful feature detected on your Company Equipment. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND COMPANY RELATED PARTIES ARE NOT RESPONSIBLE FOR DAMAGE TO OR LOSS OF HARDWARE, SOFTWARE, FILES, OR DATA CAUSED BY A VIRUS, MALWARE, OTHER HARMFUL FEATURE, OR AN ATTEMPT TO REMOVE IT, EXCEPT TO THE EXTENT THE LOSS IS CAUSED BY CONDUCT FOR WHICH APPLICABLE LAW DOES NOT PERMIT LIABILITY TO BE DISCLAIMED.

CYBERSECURITY AND CONNECTED SERVICES. No internet-connected, cellular-connected, wireless, remotely accessible, or cloud-connected system can be guaranteed secure. Risks include unauthorized access, hacking, credential theft, account takeover, malware, ransomware, viruses, denial-of-service attacks, wireless interference, signal jamming, software or firmware vulnerabilities, zero-day vulnerabilities, manufacturer or cloud-provider breaches, and other known or unknown cyber threats. You are responsible for networks, routers, modems, email accounts, mobile devices, passwords, access credentials, and multi-factor authentication outside the Company's direct control.

CAMERAS, RECORDINGS, AND ANALYTICS. If Company Equipment includes cameras, microphones, video doorbells, recording devices, cloud storage, or video-management services, the Company does not guarantee that any particular event will be detected, observed, recorded, stored, retained, transmitted, retrievable, intelligible, admissible, or suitable for identification or evidentiary use. Recordings may be lost, overwritten, corrupted, unavailable, incomplete, interrupted, or of insufficient image or audio quality. Automated analytics, including artificial intelligence and computer vision, may produce false positives, false negatives, missed detections, incorrect classifications, or other errors and are not guaranteed.

23 Section 23 – COMPANY CANCELLATION OR TERMINATION OF SERVICES

THE COMPANY MAY SUSPEND OR TERMINATE THIS AGREEMENT OR ANY SERVICE, SUBJECT TO APPLICABLE LAW, FOR ANY OF THE FOLLOWING REASONS:

(a) a monitoring center, communication path, server, manufacturer, supplier, or third-party service necessary to provide the Service is destroyed, damaged, discontinued, unavailable, or impractical to use;

(b) the Company cannot acquire or retain a required transmission connection, service, authorization, product, license, permit, or third-party relationship;

(c) you fail to follow a reasonable recommendation to repair or replace defective, unsafe, unsupported, or malfunctioning equipment;

(d) you materially fail to follow operating instructions or fail to perform your obligations under this Agreement;

(e) you fail to pay amounts due;

(f) modification, construction, deterioration, sanitation, environmental conditions, or other conditions at the Premises make continued service unsafe or impractical;

(g) you fail to maintain a communications service required for the applicable Service;

(h) a change in law, regulation, governmental policy, emergency-response policy, insurance requirement, or third-party requirement materially affects the cost, legality, risk, or practicality of providing Service;

(i) the Company ceases business, discontinues the applicable Service, or determines that continued month-to-month Service is commercially impracticable;

(j) the Company, its employees, agents, contractors, or Company Related Parties encounter threats, harassment, abuse, unsafe conditions, unlawful conduct, or circumstances that reasonably create a physical, mental, security, or operational safety concern; or

(k) another termination right expressly stated in this Agreement applies.

Where reasonably practicable and not inconsistent with safety, nonpayment, law, or third-party requirements, the Company may provide notice before termination. The Company may terminate or suspend immediately where it reasonably believes immediate action is necessary for safety, legal compliance, fraud prevention, nonpayment, equipment protection, or to prevent continued misuse or false alarms.

Upon termination, you must immediately cease unauthorized use of Company-owned Equipment, pay all amounts properly due through termination, return Company-owned Equipment when required, and permit lawful and peaceful retrieval of Company-owned Equipment at a mutually reasonable time. If Company Equipment is not returned or reasonably made available for retrieval, you may be charged its replacement cost as permitted by law and the applicable contract documents.

THE COMPANY HAS NO OBLIGATION TO PROVIDE MONITORING OR OTHER TERMINATED SERVICES AFTER THE EFFECTIVE DATE OF TERMINATION. Termination does not waive any payment obligation or any provision of this Agreement that survives termination.

24 Section 24 – DELAYS AND FORCE MAJEURE

The Company has no responsibility or liability to you or any other person for delays in the installation or repair of the System or performance of the Services, regardless of the reason, or for any resulting consequences. The Company has no responsibility or liability for interruptions of Service, or any resulting consequences, whether due to strike, riot, flood, fire, terrorism, act of God or for any cause beyond the Company’s control. During any such service interruption, the Company has no obligation to supply you any substitute services.

This Section also applies to delays or interruptions caused by communications carriers, internet providers, cellular providers, cloud providers, manufacturers, software providers, governmental agencies, emergency responders, supply-chain shortages, cyber incidents, or other third parties outside the Company's reasonable control. This Section does not excuse performance to the extent applicable law expressly prohibits such limitation.

25 Section 25 – TRANSFERS, ASSIGNMENTS, AND THIRD-PARTY SERVICE PROVIDERS

You may not transfer or assign this Agreement or your account without the Company's prior written or electronic consent, except where applicable law provides otherwise. A sale, lease, move, change of occupant, change of business ownership, or transfer of the Premises does not automatically transfer the monitoring account or relieve you of obligations that accrued before termination or an approved transfer.

Subject to applicable law, the Company may assign this Agreement, sell or transfer an account, or subcontract or delegate portions of the Services, including monitoring, communications, repair, maintenance, software, billing, or support. An assignee or Company Related Party performing Services is entitled to the rights, limitations, releases, defenses, and protections applicable to that Service under this Agreement to the fullest extent permitted by law.

26 Section 26 – NOTICES; LIMITATION ON CLAIMS; ARBITRATION; JURY AND CLASS WAIVERS

NOTICES. Except where this Agreement or applicable law provides another method, notices must be in writing or in an electronic record. Notices to the Company may be sent to contact@360poweredsystems.com or to the Company's mailing address stated in Section 31. Notices to you may be sent to the mailing address, email address, telephone number, electronic contracting account, or other contact information associated with your account, as permitted by applicable law.

TIME LIMIT TO BRING CLAIMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY LAWSUIT, ARBITRATION, OR OTHER ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SYSTEM, OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE EVENT, ACT, OMISSION, OR BREACH GIVING RISE TO THE CLAIM. IF APPLICABLE LAW REQUIRES A LONGER MINIMUM PERIOD FOR A PARTICULAR CLAIM OR DOES NOT PERMIT THAT CLAIM TO BE CONTRACTUALLY SHORTENED TO ONE YEAR, THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW SHALL APPLY TO THAT CLAIM.

INFORMAL RESOLUTION. Before commencing arbitration or litigation, the parties will attempt in good faith to resolve the dispute informally for at least thirty (30) days after written notice describing the dispute, unless immediate injunctive relief is reasonably necessary or applicable law requires otherwise.

BINDING INDIVIDUAL ARBITRATION. Except for an individual claim that qualifies for small-claims court and is actually pursued there, a request for temporary or preliminary injunctive relief when necessary to preserve rights pending arbitration, or a claim that applicable law does not permit to be arbitrated, any unresolved dispute, claim, or controversy arising out of or relating to this Agreement, the System, the Services, the relationship between you and the Company, or the interpretation, enforceability, or alleged breach of this Agreement shall be resolved by binding individual arbitration in Maricopa County, Arizona.

Arbitration shall be administered by the American Arbitration Association ("AAA") under the AAA Consumer Arbitration Rules when those rules apply to a consumer dispute and under the applicable AAA Commercial Arbitration Rules for a non-consumer dispute, unless the parties agree to another neutral arbitration administrator. The arbitrator may award remedies available under applicable law, subject to the lawful limitations and exclusions contained in this Agreement. Arbitration fees and costs will be allocated in accordance with applicable AAA rules and applicable law.

WAIVER OF JURY TRIAL. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE, CLAIM, ACTION, OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SYSTEM, OR THE SERVICES THAT IS NOT RESOLVED BY ARBITRATION.

CLASS, COLLECTIVE, AND REPRESENTATIVE ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE PROCEEDING. Unless both parties expressly agree otherwise in writing, an arbitrator shall not consolidate the claims of more than one Customer or preside over any class, collective, or representative proceeding.

ATTORNEYS' FEES AND COSTS. To the extent permitted by applicable law and applicable arbitration rules, the prevailing party in an arbitration, litigation, collection action, or other proceeding arising out of or relating to this Agreement may recover reasonable attorneys' fees and recoverable costs. Nothing in this provision limits any additional right to fees or costs available under applicable law.

GOVERNING COURT. For any matter that is properly before a court rather than an arbitrator, the parties consent to the state or federal courts located in Arizona having jurisdiction, with venue in Maricopa County, Arizona, except where applicable law requires another venue.

27 Section 27 – CUSTOMER SEPARATION; DOMESTIC VIOLENCE; ACCOUNT AND ACCESS DISPUTES

ACCOUNT SEPARATION, DOMESTIC VIOLENCE, OWNERSHIP, AND ACCESS DISPUTES. If persons associated with an account separate, divorce, dissolve a business relationship, dispute ownership or occupancy, seek removal of another user, or dispute authority over the Premises or System, the Company may require written instructions, identity verification, ownership records, tenancy records, corporate records, notarized statements, court orders, protective orders, restraining orders, or other documentation reasonably appropriate to the circumstances before making permanent account, credential, access, or contractual changes.

When there is no immediate safety issue or controlling legal order, the Company may require agreement of the affected account holders or legally sufficient proof of authority before permanently removing a party from an account, changing financial responsibility, or transferring account control.

If the Company receives or is shown an apparently valid court order, protective order, restraining order, law-enforcement directive, or other legally sufficient documentation, or if the Company reasonably believes temporary action is necessary to address an immediate safety or security concern, the Company may temporarily restrict credentials, revoke access codes, disable remote access, place an account on special handling, provide instructions for lawful access changes, or take another reasonable temporary action while the matter is reviewed, subject to applicable law.

The Company is not a court and does not adjudicate ownership, domestic-relations, tenancy, employment, corporate-control, or property-access disputes. The Company may decline to take permanent action until adequate documentation is provided and may refer parties to law enforcement, legal counsel, a court, a property owner, or another appropriate authority.

To the fullest extent permitted by law, the Company is not liable for good-faith actions or delays based upon apparently valid documentation, reasonable identity-verification procedures, conflicting instructions, or reasonable safety concerns. Nothing in this Section eliminates payment obligations unless the Company expressly releases a party in writing or applicable law or a binding order requires otherwise.

28 Section 28 – MISCELLANEOUS

ENTIRE AGREEMENT. This Agreement and the applicable Work Order, proposal, invoice, service plan, monitoring information, electronic acceptance, addenda, riders, and other documents expressly incorporated into it contain the entire agreement concerning the applicable System and Services and supersede prior discussions or representations concerning the same subject matter. No handwritten, oral, or informal modification is binding unless accepted by an authorized representative of the Company in a written or electronic record, except for generally applicable changes validly made under Section 11.

REMEDIES; SURVIVAL. Your remedies are subject to the lawful limitations and remedies expressly stated in this Agreement. Provisions concerning accrued payment obligations, insurance, allocation of risk, releases, limitations of liability, warranty limitations, indemnification, waiver of subrogation, dispute resolution, governing law, ownership and return of Company Equipment, and other provisions that by their nature are intended to continue shall survive termination or expiration.

GOVERNING LAW. This Agreement is governed by the laws of the State of Arizona, without regard to conflict-of-law principles, except to the extent federal law applies. Court venue is governed by Section 26.

SEVERABILITY AND REFORMATION. If a provision of this Agreement is found invalid, illegal, or unenforceable, the provision shall be enforced to the maximum extent permitted by law and, where permitted, modified only to the minimum extent necessary to make it enforceable. The remaining provisions remain in effect. If a particular release, limitation, indemnity, arbitration term, or waiver is unenforceable for one claim or circumstance, that determination does not invalidate other lawful protections or applications of the provision.

NO WAIVER. The Company's failure or delay in enforcing a provision or exercising a right does not waive that provision or right or any later default. A waiver must be in a written or electronic record authorized by the Company.

ACCESS CODES AND CREDENTIALS. You shall protect alarm codes, passwords, usernames, keys, tokens, and other credentials and shall provide them only to persons you authorize to use the System. You are responsible for promptly changing or revoking credentials when an authorized user's access should end.

NO THIRD-PARTY BENEFICIARIES EXCEPT COMPANY RELATED PARTIES. Except for Company Related Parties expressly protected by this Agreement, this Agreement is intended for the parties and does not create a contractual right or cause of action in another occupant, guest, tenant, employee, customer, invitee, insurer, property owner, or other third party.

BUSINESS HOURS. Except for monitoring and Services expressly provided on another schedule, field work, repair, inspection, maintenance, and customer-service work is ordinarily performed during the Company's then-current business hours, excluding holidays and closures. Emergency or after-hours field response is not included unless expressly purchased.

LATEST GENERALLY OFFERED AGREEMENT. The Company's current generally offered Alarm Installation and Services Agreement may be posted at 360poweredsystems.com/. The Version number stated on the Agreement accepted by you identifies your original contract version. A later website version does not by itself retroactively replace your accepted Agreement.

NO INSURANCE; NO GUARANTEED RESPONSE. This Agreement is not insurance. The Company and Company Related Parties do not promise the response time of emergency responders, their ability to locate or access the Premises, or their ability to prevent injury, death, burglary, theft, fire, property damage, or other loss.

NO PARTIAL ACCEPTANCE. The Agreement is accepted as a whole. You may not selectively accept individual provisions while rejecting others unless the Company expressly agrees to a written modification.

29 Section 29 – BATTERY INFORMATION, REPLACEMENT SERVICES, AND INSPECTIONS

BATTERY-POWERED DEVICES. Many alarm Systems use wireless sensors, contacts, key fobs, detectors, or other devices that depend upon batteries. Battery-powered devices may cease communicating, operate intermittently, or fail to detect or report an event if a battery is low, depleted, damaged, improperly installed, missing, or affected by temperature, usage, age, corrosion, or another condition. CUSTOMER UNDERSTANDS AND AGREES THAT FAILURE TO TEST THE SYSTEM OR PROMPTLY ADDRESS LOW, DYING, OR DEAD BATTERIES CAN CAUSE PART OR ALL OF THE SYSTEM TO FAIL.

CUSTOMER RESPONSIBILITY. Unless you purchase a written battery-replacement Service that expressly provides otherwise, you are responsible for monitoring battery conditions, replacing batteries as needed, and requesting service when you receive a low-battery indication or observe a battery-related problem. You should follow manufacturer instructions and the weekly testing requirements of this Agreement.

ANNUAL BATTERY REPLACEMENT SERVICE. The Company may offer an annual or other periodic battery-replacement Service as an add-on recurring Service. The applicable Work Order, invoice, proposal, or service plan will identify the covered devices, price, frequency, exclusions, and whether labor or batteries are included. The fee may be divided into monthly recurring payments and billed on the same billing cycle as monitoring or other recurring Services. Sharing a billing cycle does not make battery replacement part of the monitoring Service.

Unless the applicable plan expressly states otherwise, an annual battery-replacement visit covers replacement of batteries in the devices specifically included in the plan that are reasonably accessible under the plan's conditions. Backup batteries in control panels, power supplies, keypads, repeaters, communicators, or other equipment may be excluded and separately chargeable unless expressly included.

BATTERY LIFE IS NOT GUARANTEED. An annual or periodic replacement Service does not guarantee that any battery will last until the next scheduled visit. Usage, signal conditions, temperature, battery chemistry, equipment condition, manufacturing variation, environmental conditions, communication frequency, or other factors can shorten battery life. If a battery becomes low before the scheduled replacement visit, you must contact the Company and may incur a separate service charge unless your written plan expressly covers the additional visit.

SCHEDULING. Where a battery plan requires you to schedule the annual service, you are responsible for making the Premises reasonably available within the scheduling window stated in the plan. Unless the written plan states another window, you should request and complete the annual visit within sixty (60) days after the annual service anniversary, or earlier if a low-battery condition occurs. If you do not timely schedule the visit or do not provide reasonable access, the Company's obligation for that annual visit expires at the end of the applicable scheduling window unless the Company agrees otherwise in writing. Failure to provide access or schedule the visit does not make the Company responsible for batteries that later become low or fail.

INSPECTION PERFORMED WITH BATTERY SERVICE. Unless a written plan expressly includes a comprehensive inspection, any inspection or functional review performed during an annual battery-replacement visit is a QUICK OR LIMITED INSPECTION as defined in Section 2. The Company may test a representative or limited number of sensors or contacts and general System functionality but is not required to individually test every device.

COMPREHENSIVE INSPECTION. If you, a governmental authority, insurer, property owner, or other party requires individual testing of every applicable device within an agreed scope, you must request a COMPREHENSIVE INSPECTION. A comprehensive inspection is a separate one-time charge and may require substantial additional time. When practical, the Company may perform it during the same appointment as annual battery replacement, but it is not included in the recurring monitoring or battery-plan price unless expressly stated in writing.

30 Section 30 – ELECTRONIC OR DIGITAL SIGNATURES AND COMMUNICATIONS

CONSENT TO ELECTRONIC TRANSACTIONS. You agree to conduct this transaction and receive records electronically to the extent permitted by applicable law. You may sign this Agreement, a Work Order, proposal, invoice, authorization, acceptance, disclosure, or other contract document electronically. You agree that your electronic signature, click, tap, typed signature, or other electronic act adopted with intent to sign is the legal equivalent of your manual signature to the extent provided by applicable law.

The Company may use an electronic-contracting platform, email, text message, PDF, web link, customer portal, or other electronic system to provide or obtain agreements, authorizations, invoices, receipts, notices, disclosures, records, and communications. You consent to receive such electronic communications at the email address and telephone number you provide.

You are responsible for maintaining a current valid email address and cellular telephone number and for notifying the Company promptly of changes. You should save or print copies of important electronic records. You may request a paper copy of an electronic communication, and the Company may charge a reasonable production or mailing fee where permitted by law.

Electronic copies, scans, images, PDFs, audit trails, timestamps, electronic-signature records, and other business records may be retained by the Company and used as evidence of the transaction to the extent permitted by applicable law. The lack of a third-party certificate or digital-signature authority does not by itself invalidate an electronic signature where applicable law recognizes the electronic signature.

STATUTORY CANCELLATION NOTICES. Nothing in this electronic-signature Section shortens or replaces a cancellation or rescission period required by applicable law. If the transaction is a home-solicitation sale or another transaction for which separate statutory notices or cancellation forms are required, those separate legal requirements apply and must be provided when applicable. Any such statutory right controls over inconsistent language in this Agreement.

31 Section 31 – CONTACT INFORMATION; VERSION; FINAL ACKNOWLEDGMENT

CONTACT INFORMATION.

360 Powered Systems LLC 11251 N. 65th Ave Glendale, AZ 85304 Email: contact@360poweredsystems.com Website / Latest Generally Offered Agreement: 360poweredsystems.com/

VERSION. This Agreement is Version 08202026.

FINAL ACKNOWLEDGMENT. BY SIGNING OR ELECTRONICALLY ACCEPTING THIS AGREEMENT OR AN ACCEPTANCE THAT INCORPORATES IT, YOU ACKNOWLEDGE THAT YOU RECEIVED OR WERE PROVIDED ACCESS TO THIS AGREEMENT BEFORE ACCEPTANCE, HAD AN OPPORTUNITY TO READ IT, AND AGREE TO ITS TERMS AS A WHOLE. YOU SPECIFICALLY ACKNOWLEDGE THE CUSTOMER-INSURANCE REQUIREMENT, THE LIMITS OF SECURITY-SYSTEM DESIGN AND PERFORMANCE, YOUR WEEKLY TESTING AND PERMIT RESPONSIBILITIES, THE $250 LIMITATION OF LIABILITY, WARRANTY LIMITATIONS, CUSTOMER INDEMNIFICATION, WAIVER OF SUBROGATION, ONE-YEAR CLAIM PERIOD TO THE EXTENT PERMITTED BY LAW, BINDING INDIVIDUAL ARBITRATION, JURY-TRIAL WAIVER, AND CLASS/ACTION WAIVER.

If a separate Work Order, proposal, invoice, service plan, rider, or statutory notice applies, it is incorporated or controls only to the extent stated in that document or required by law.