Acceptance of Terms
By accessing or using NightOwl Monitoring’s Remote Monitoring and Control Solution, you agree to be bound
by these Terms and Conditions. If you do not agree to these Terms, please do not use the Service.
Definitions
Ownership of Data
User Data: All data uploaded, transmitted, or generated by the User through the Service remains the property of the User. The User grants the Company a non-exclusive, royalty-free, worldwide license to use, store, and process the Data as required to provide and improve the Service.
Aggregate Data: The Company may aggregate and anonymize User Data for the purpose of enhancing the Service, improving
analytics, or for any internal or external reporting purposes. Such aggregated data shall not identify any individual User or disclose any
confidential information.
Data Usage and Information Purposes
The Company provides the Service for informational purposes only. While the Company aims to provide accurate and timely data, it does not guarantee the accuracy, completeness, or reliability of the data provided through the Service.
Users are responsible for validating the accuracy and completeness of the information provided by the Service before making decisions based on such information.
Access and Security
Users are responsible for maintaining the confidentiality of their account credentials and are fully responsible for all activities
conducted through their accounts.
The Company employs industry-standard security measures to protect User Data but does not guarantee that unauthorized third
parties will never be able to breach these security measures. The User agrees to notify the Company immediately of any unauthorized
access to their account.
Service Availability and Maintenance
The Company aims to provide continuous access to the Service but does not guarantee uninterrupted or error-free operation.
Maintenance or upgrades may occasionally disrupt the Service.
The Company reserves the right to suspend or discontinue the Service temporarily or permanently with or without
notice.
Intellectual Property
The Service, including all software, technology, and content, is owned by or licensed to the Company and is protected by intellectual
property laws. Users are granted a limited, non-exclusive, non-transferable, and revocable license to use the Service for their sole
purposes.
Users may not reverse engineer, modify, distribute, or create derivative works of the Service without the Company’s express
written permission.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, REVENUE, OR PROFITS,
EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE
SHALL NOT EXCEED THE AMOUNT PAID BY THE USER TO THE COMPANY IN THE 12 MONTHS PRECEDING THE CLAIM.
Warranties And Disclaimers
The Service, including all software, technology, and content, is owned by or licensed to the Company and is protected by intellectual property laws. Users are granted a limited, non-exclusive, non-transferable, and revocable license to use the Service for their sole
purposes. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Confidentiality
Both the Company and the User agree to treat all non-public information exchanged under these Terms as confidential and to use it only for purposes related to the Service.
Governing Law and Dispute Resolution
These Terms shall be governed by and construed by the laws of the state of Texas without regard to its conflict of law principles.
NOTICE OF ARBITRATION Any controversy or claim arising out of or relating to this contract, or the breach thereof
(including without limitation the arbitrability of claims), shall be settled by arbitration administered by the American Arbitration
Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may
be entered in any court having jurisdiction thereof.
Changes to Terms
The Company reserves the right to modify these Terms at any time. Users will be notified of any material changes, and continued
use of the Service constitutes acceptance of the revised Terms.
Equipment and System Liability
No Liability for Equipment Failure: The Company is not responsible or liable for any equipment or water system failures, malfunctions, damages, or losses that may occur while using the Service. The User acknowledges and agrees that the Service is intended solely for information and monitoring purposes and does not prevent, predict, or protect against equipment failures, malfunctions, or other
issues affecting water systems.
No Predictive Capabilities: The Service does not provide predictive maintenance capabilities and should not be relied upon to forecast
or prevent potential equipment failures or water system interruptions. Users are responsible for maintaining their equipment and conducting regular inspections and maintenance as needed.
User Responsibility for Equipment: It is the User’s sole responsibility to ensure that all equipment connected to the Service is properly installed, maintained, and functioning according to the manufacturer’s specifications. The Company shall not be held liable for any direct or indirect damages resulting from equipment or water system failures, regardless of whether such failures were
monitored through the Service.
Term and Termination
Initial Term: The Agreement shall commence on the date the Service is first made available to the Customer and shall remain in effect for a minimum term of 12 months (“Initial Term”). During the Initial Term, the Customer agrees to pay the subscription fee as
outlined in the Service agreement, regardless of usage.
Renewal and Cancellation: After the Initial Term, the Agreement will automatically renew on a month-to-month basis unless terminated by either party. The Customer may cancel the Agreement at any time after the Initial Term by providing the Company with a
minimum of 3 months’ written notice of cancellation. Subscription fees will continue to accrue and be payable during the 3-month notice
period.
Termination by the Company: The Company reserves the right to terminate the Agreement immediately for breach of these Terms or any failure by the Customer to pay fees when due.
The Company may retain certain User Data for a reasonable period following termination, subject to applicable law.
Contact Information
Contact Information For questions or concerns regarding these Terms, please contact us at:
NightOwl Monitoring LLC
