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Terms and Conditions

Sensera Systems Inc.

TERMS & CONDITIONS

Updated: January 7, 2026

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These Terms and Conditions (this “Agreement”) govern the Buyer’s purchase and use of Products, Services, and Website provided by Sensera Systems Inc. (“SENSERA”).

DEFINITIONS:

Buyer – means the counterparty entering into this Agreement. 

Carrier – means the wireless carrier(s) that provide cellular connectivity as part of SiteCloud Service.

Image Data – means images, videos, locations, sensor data, and other metadata that are captured by any of Buyer’s Products and are accessible through User Accounts on the SiteCloud Service.

Products – means all cameras, accessories, and related hardware that capture Image Data that SENSERA designs, manufactures, advertises, markets, sells, or rents.

Services –means the services provided through the Website, including:

    • SiteCloud-AERIAL Service – drone photography service for site mapping and project progress support.
    • SiteCloud Service – web-based software platform for uploading Image Data from Products and viewing, monitoring, processing, using, storing, and sharing Image Data.

Usage Data – means aggregated, anonymous data, statistics, and other information about customers’ interactions with the Services, including those of Buyer and Users.

User – means any contractors, employees, agents, or other personnel who are authorized by Buyer to use the Products, Services, or Website or access or use the Products, Services, or Website on behalf of Buyer.

Website-meanswww.senserasystems.com,sitecloud.senserasystems.com, support.senserasystems.com, and the SiteCloud Mobile App.

1. BINDING AGREEMENT

BUYER’S OR USERS’ ACCEPTANCE OF DELIVERY OF ANY PRODUCT, USE OF ANY OF THE SERVICES OR WEBSITE, OR PAYMENT OF ANY PART OF THE FEES DUE FOR ANY PRODUCTS OR SERVICES SHALL CONSTITUTE BUYER’S EXPRESS ASSENT TO THIS AGREEMENT. BUYER SHALL BE LIABLE FOR ANY BREACH OF THIS AGREEMENT BY A USER.

THIS AGREEMENT SHALL SUPERSEDE ANY INCONSISTENT OR CONTRADICTORY TERMS OR CONDITIONS, EXPRESSED OR IMPLIED, IN ANY AND ALL REQUESTS FOR QUOTATIONS, INVOICES, PURCHASE ORDERS, ACKNOWLEDGEMENTS, CONFIRMATIONS, OR SIMILAR DOCUMENTS EXCHANGED BETWEEN BUYER OR USERS AND SENSERA (COLLECTIVELY, “PROCUREMENT DOCUMENTS”). NO ADDITIONAL TERMS OR CONDITIONS APPEARING IN ANY PROCUREMENT DOCUMENTS SHALL BE BINDING ON SENSERA.

2. TERM

THIS AGREEMENT BEGINS WHEN FIRST ENTERED INTO BY BUYER AND WILL CONTINUE UNTIL TERMINATED, AS SET FORTH HEREIN.

3. MODIFICATIONS

SENSERA RESERVES THE RIGHT TO MODIFY ANY OF THE SERVICES OR WEBSITE, AS WELL AS THIS AGREEMENT. NOTICE OF SUCH MODIFICATIONS WILL BE POSTED TO THE WEBSITE OR SENT TO BUYER’S EMAIL ADDRESS ASSOCIATED WITH BUYER’S USER ACCOUNTS. ANY MODIFICATIONS WILL BE EFFECTIVE TWENTY-FOUR (24) HOURS FOLLOWING THEIR PUBLICATION. BUYER MAY CEASE USING THE MODIFIED SERVICES OR WEBSITE OR TERMINATE THIS AGREEMENT, AS APPLICABLE, IF BUYER DOES NOT AGREE TO ANY MODIFICATION. HOWEVER, BUYER WILL BE DEEMED TO HAVE AGREED TO ANY AND ALL MODIFICATIONS TO THE SERVICES AND WEBSITE THROUGH BUYER’S CONTINUED USE THEREOF FOLLOWING SUCH NOTICE.

4. PROVISION OF THE SERVICES

4.1 SiteCloud Service

SENSERA offers the SiteCloud Service on a recurring monthly or multi-month fixed-term basis (each, a “Service Plan”). Buyer’s purchase of a subscription to a Service Plan under a Procurement Document, at SENSERA’s then-current published rates, grants Buyer and Users the right to access the SiteCloud Service during the term of the Service Plan.

4.2 Monthly Plans

Recurring monthly Service Plans (“Monthly Plans”) have an initial term lasting from the Activation Date (defined below) through the last day of the month in which the Activation Date occurred. The Monthly Plan will automatically renew at the then-current published rates each month thereafter until Buyer provides the required Monthly Notice (defined below) to SENSERA.

4.3 Fixed Term Plans

Multi-month fixed-term Service Plans (“Fixed Term Plans”) have an initial term of at least two (2) months, beginning on the Activation Date (defined below). The Fixed Term Plan will automatically renew at the then-current published rates for the same plan type and duration until Buyer provides the required Fixed-Term Notice (defined below) to SENSERA; provided, however, that Buyer may elect to change the plan type or duration of any renewal of a Fixed Term Plan by contacting SENSERA at finance@senserasystems.com at least one (1) day before such renewal term begins.

4.4 SiteCloud Service Activation and Expiration

Each initial Service Plan will begin seven (7) days after the ship date of Products associated with the Service Plan (the “Activation Date”). For Monthly Plans, SENSERA requires a minimum of five (5) days’ written notice prior to the end of the current month of the Monthly Plan not to renew service for the upcoming month (“Monthly Notice”), and for Fixed Term Plans, SENSERA requires a minimum of thirty (30) days’ written notice prior to the end of the current term of the Fixed Term Plan not to renew service for the upcoming term (“Fixed Term Notice,” and together with Monthly Notice, “Non-Renewal Notice”). Non-Renewal Notice must be sent to finance@senserasystems.com, providing the customer name and the serial number of the Product for which the Service Plan is being cancelled. Upon receipt of Non-Renewal Notice, SiteCloud Service will expire at the end of the last day of the current month or term of the Service Plan, as applicable. Charges for the SiteCloud Service subscribed to under a Service Plan are non-refundable and no credits will be issued. Any unpaid charges for SiteCloud Service provided during the Service Plan remain due and payable after non-renewal of the Monthly Plan.

4.5 Website Access

Buyer and Users access and use the SiteCloud Service through the Website. Buyer’s and Users’ access to, and use of, the Website will be subject to the following terms:

      • All Users must be 18 years of age or older to be eligible to access and use any applicable SiteCloud Services.  
      • SENSERA grants to Buyer a limited, non-exclusive, revocable, and non-transferable license during the term of this Agreement, to allow each such eligible User to access and use the Website solely for the purpose of using the SiteCloud Service as permitted in this Agreement.
      • Each such User is invited to create an account on the Website (each, a “User Account”). Buyer will not, and will ensure that Users do not, distribute or transfer any user IDs or passwords associated with User Accounts or provide a third party with the right to access any User Accounts. Buyer will notify SENSERA immediately at support@senserasystems.com if any user IDs or passwords associated with User Accounts are lost, stolen, or otherwise compromised. Buyer agrees to accept responsibility for all activities that occur under any User Account.
      • Buyer may not create a link to any page of the Website without the prior written consent of SENSERA, with exception of the “public URL” feature of the Website that permits such creation.
      • The Website may contain hyperlinks to web pages of third parties. SENSERA shall have no liability for the contents of such third-party web pages and does not make any representations or warranties about, or endorse, such web pages or their contents.
4.6 SiteCloud-AERIAL

SENSERA offers SiteCloud-AERIAL Service in-flight packages to be delivered on a schedule that is determined by the Buyer pursuant to the Procurement Documents.

In order to provide Buyer with the SiteCloud-AERIAL Service, the assigned site must be deemed “flyable” in accordance with Federal Aviation Administration (“FAA”) regulations. If the site is not considered “flyable”, SENSERA cannot deliver the SiteCloud-AERIAL Service to that site. In this case, SENSERA will not accept an order for the affected SiteCloud-AERIAL Service, and if an order has already been taken, SENSERA will rescind it and provide a full refund of payment for the affected SiteCloud-AERIAL Service.

Buyer will have the following obligations with regard to the SiteCloud-AERIAL Service:

      1. Buyer must provide SENSERA with a site contact name, address, phone number, and email.
      2. Buyer must accept, sign, and return the SiteCloud-AERIAL Liability Insurance form.
      3. Buyer will ensure that Users of the SiteCloud-AERIAL Service create User Accounts.
      4. Buyer and Users will still be bound by all terms and conditions in this Agreement.

Flight plan execution for the SiteCloud-AERIAL Service may vary and change without notice depending on a variety of factors including on-site structures, topography, terrain, and weather.

4.7 SiteCloud Service Availability

SENSERA may conduct either planned or unplanned outages of the SiteCloud Service. SENSERA will use commercially reasonable efforts to schedule outages in a way that minimizes the impact on customers, but SENSERA cannot always give advance notice of such outages. The SENSERA Parties will not be liable for any such outages.

4.8 SiteCloud Service Connectivity

In order for Products to upload Image Data to, and otherwise connect with, the SiteCloud Service, Products must be utilized in an area with a cellular data or WiFi connection. Carrier cellular coverage maps provide estimated wireless coverage for areas outdoors. Actual service area and quality of cellular coverage may vary and change without notice depending on a variety of factors including network capacity, terrain, and weather.

Buyer understands and agrees that the cellular data or WiFi connection between Products and the SiteCloud Service may be temporarily interrupted because of atmospheric, terrain, or other natural or artificial conditions affecting the connection and that the cellular data connection may be temporarily interrupted due to usage concentrations, modifications, upgrades, relocation, and repairs of the cellular transmission network used in the provision of cellular data.

The SENSERA Parties shall not be liable for any issues with cellular data or WiFi connection between Products and the SiteCloud Service.

Buyer agrees that the liability of Carrier and the SENSERA Parties to Buyer and Users for the cellular data used in the connection between Products and the SiteCloud Service may be strictly controlled and limited by Carrier’s tariff, if any, and the laws, rules, and regulations of the Federal Communications Commission and other governmental authorities.

The cellular data connection between Products and the SiteCloud Services may be temporarily suspended or permanently terminated without notice in the event that SENSERA’S agreement with Carrier is terminated or in the event that Buyer or Users violate the Carrier’s acceptable use policy or other network rules and policies. Buyer waives any and all claims against the Carrier for such suspension or termination.

Buyer expressly understands and agrees that it has no contractual relationship whatsoever with Carrier or its affiliates or contractors by virtue of this Agreement and that Buyer is not a third-party beneficiary of any agreement between SENSERA and Carrier or its affiliates or contractors. In addition, Buyer acknowledges and agrees that Carrier and its affiliates and contractors shall have no legal, equitable, or other liability of any kind to Buyer and Users, and Buyer hereby waives any and all claims or demands therefor.

4.9 Data Usage and Overages; Text Messages

Certain Service Plans using cellular coverage to connect Products to the SiteCloud Service may include data limits. Cellular data usage can be affected by various Product and SiteCloud Service configurations. The SiteCloud Service provides Buyer with alerts when certain Service Plans are approaching purchased cellular data limits.

Buyer is solely responsible for modifying Product and SiteCloud Service configurations so that cellular data usage remains within Service Plan limits. Buyer agrees to pay for any cellular data overages according to the then-current overage rates in effect. SENSERA will invoice for overages monthly following the month the overage was incurred, and payment is due according to the payment terms on the invoice.

The SiteCloud Service may contain an SMS/text message alerting feature, which is triggered by certain configurations and conditions of the Products associated with the SiteCloud Service. SENSERA reserves the right to disable or limit this feature if the configuration or environment of the Product or Service is causing excessive SMS/text message alerts to Buyer or Users. SENSERA shall not be responsible for any charges Buyer or Users may incur to receive SMS/text messages from the SiteCloud Service.

4.10 API Offerings

To the extent that SENSERA grants Buyer any access to, and use of, any SENSERA application programming interfaces for Buyer to interoperate any of its software, approved by SENSERA, with the SiteCloud Service (the “APIs”), Buyer agrees that it and Users will be bound by, and will comply with, the additional terms and conditions contained in the API Access Agreement provided by SENSERA to Buyer.

4.11 AI Functionality

The Products, Services, and Website may include features and functionality provided through the use of artificial intelligence and other machine learning technology (“AI Features”).  All references herein to the Products, Services, and Website will include any such AI Features.  Buyer’s access to and use of any AI Features is subject to compliance with this Agreement and any other documentation, guidelines, or policies provided by SENSERA.

The quality, accuracy, and completeness of any text, images, or other content and materials generated through any AI Features (“Outputs”) is highly dependent on many factors, including the nature and quality of the Image Data and other text, data, or other content and materials (“Inputs”) used to generate those Outputs.  SENSERA and its providers cannot and do not guarantee the generation of Outputs by any AI Feature. Due to the nature of artificial intelligence and machine learning technology Outputs may be incomplete, contain inaccuracies or errors, be biased or offensive, or fail to meet your needs or expectations. All Outputs are for informational purposes only and SENSERA is not responsible for any errors or omissions in any Outputs. Buyer is solely responsible for reviewing and verifying all Outputs and should not rely on any Outputs for legal, professional, regulatory, compliance, or other purposes without independently verifying the applicability and suitability of those Outputs to your intended use. Buyer is solely responsible for all Inputs and Buyer’s use of all Outputs.  Buyer will not mislead anyone as to the origin of any Outputs, including that any Output was human generated.  Buyer will ensure that all Inputs, as well as the use of all Outputs, does not infringe or violate any third party rights and otherwise complies with all applicable laws.

The AI Features may include functionality enabling the AI Features to autonomously or semi-autonomously perform actions, interact with the Services or Buyer or third party systems, and execute instructions on behalf of Buyer (“Agentic AI Features”). Buyer is solely responsible for: (a) the Buyer-authorized actions and outcomes of those actions performed by any Agentic AI Features; (b) evaluating, enabling, and authorizing any access and connection to data, applications, or systems by any Agentic AI Features; and (c) maintaining human oversight and approval over all use of and actions taken by any by any Agentic AI Features.

Output provided to Buyer may also be similar or the same as Output produced for other customers.  Output may not be subject to intellectual property protection.  Buyer’s right in Image Data that comprises Output may not be enforceable.  Buyer will not use any Output (or any AI Features) to develop, train, or improve other artificial intelligence models provided.  Subject to the foregoing, Buyer has the right to use any Output as part of the Image Data in accordance with the Agreement. By using any AI Features, Buyer acknowledges and agrees that the Inputs submitted through the AI Feature may be processed by SENSERA or any such Third-Party Technology and used to operate, train, improve, and further develop such Third-Party Technology and other AI Features provided by SENSERA.

Certain of the AI Features are Third-Party Technology or may allow access to other Third-Party Technology.  By accessing or using any AI Features, Buyer agrees to all Additional Third Party Terms and all Third Party Agreements applicable to such Third Party Technology.  

5. PRODUCTS

5.1 Purchases

Buyer may purchase Products from SENSERA under a Procurement Document, at SENSERA’s then-current published rates, to capture Image Data for use in conjunction with the SiteCloud Service.

5.2 Rentals

Buyer may rent Products from SENSERA, instead of purchasing them, at SENSERA’s then-current published rates. Buyer may rent Products for monthly or fixed-term periods (each, a “Rental Plan”), and the parties agree that their rights and obligations with respect to the activation, renewal, and non-renewal of Rental Plans will be equivalent to those for Service Plans, as stated in Sections 4.2-4.4 above; provided, however, that

      1. When first renting a Product, Buyer must purchase a subscription to a corresponding Service Plan;
      2. Each Rental Plan will begin seven (7) days from the ship date of the rental Product;
      3. Buyer must return, and SENSERA must receive, each rental Product within fourteen (14) days of the end of the Rental Plan; and
      4. If SENSERA does not receive a rental Product within the fourteen (14) day return window following the end of the Rental Plan, SENSERA reserves the right to invoice, and Buyer will promptly pay, as applicable, (i) a late return fee owing for the period following the return window and the date on which SENSERA actually receives the rental Product, (ii) a hold-over fee owing for the period following the return window and the date on which Buyer chooses to begin a new Rental Plan for the same rental Product, or (iii) a non-return fee, up to the then-current published purchase price for the rental Product, if Buyer never actually returns such Product.

Buyer shall be responsible for all lost or stolen rental Products and all damage caused to rental Products, outside of normal wear and tear.

6 BILLING AND PAYMENT

6.1 Payments

All prices and payments for Products and Services are due and payable in advance upon Buyer’s receipt of invoice. At SENSERA’s sole discretion, trade credit terms with payment due thirty (30) days from invoice date may be extended to Buyer upon successful completion of a credit application that is expressly approved by an authorized SENSERA representative. Any amounts not paid when due shall bear interest at the rate of one and one-half percent (1.5%) per month or the maximum rate allowed under law, whichever is lower. SENSERA reserves the right to revoke trade credit terms if there are any amounts past due under any Buyer invoices.

SENSERA reserves the right to suspend any Services upon notice to Buyer if Buyer has any amounts past due under any invoices related to such Services. Prior to the reactivation of suspended Services, Buyer must pay in advance for any amounts past due, along with any costs or expenses incurred by SENSERA in connection with such reactivation and any related collection expenses.

If Buyer has any amounts past due under any invoices, SENSERA reserves the right to require payment of all past due amounts before Buyer can purchase additional Products or Services.

6.2 Billing and Payment for Recurring Service Plans

For Monthly Plans, the fees for SiteCloud Service actually rendered during the first month of the Service Plan from the Activation Date to the last day of that month, plus an additional month’s worth of fees, shall be due and payable at the time of purchasing the subscription to the Monthly Plan. Buyer shall provide an automatic payment authorization form and have an active credit card or ACH information on file for all Monthly Plans. Subsequent fees for every other month during the Monthly Plan will be invoiced on or near the 23rd of the immediately prior month and will be automatically billed to the credit card or ACH information on file on the last day of the immediately prior month (“Billing Date”). If the payment cannot be completed on the Billing Date, the SiteCloud Service will be suspended, and Buyer will need to contact SENSERA at finance@senserasystems.com to make late payment by credit card or ACH, to update the payment information on file for future payments, and to have the SiteCloud Service reactivated.

6.3 Billing and Payment for Fixed Period Service Plans

For Fixed Term Plans, fees for the initial term of the Fixed Term Plan are due and payable upon receipt of invoice and prior to the commencement of such initial term. For the automatic renewal of a Fixed Term Plan, SENSERA will provide an invoice for the renewal term to Buyer via email to the billing contact on file within thirty (30) days of the end of the current term of the Fixed Term Plan. If payment is not received by the last day of the current term of the Fixed Term Plan, the SiteCloud Service will be suspended, and Buyer will need to contact SENSERA at finance@senserasystems.com to purchase a new Service Plan and have the SiteCloud Service reactivated.

6.4 SiteCloud-AERIAL 

When the order for SiteCloud-AERIAL Service is placed, SENSERA will submit an invoice to Buyer detailing the flight package(s) and the number of flights purchased. Payment is due upon receipt of invoice. Buyer must execute any purchased flights within twelve (12) months of the purchase of the package or else any unused flights will expire and be non-refundable.

6.5 Rented Products

Buyer agrees to pay for any rented Products at the agreed rental rates. Buyer will pay all fees for rented Products to SENSERA (a) monthly in advance for a monthly Rental Plan and (b) fully in advance for a fixed-term Rental Plan.

6.6 Taxes

Buyer is responsible for all taxes on purchases from SENSERA (“Taxes”). SENSERA will charge and collect Taxes where it has an obligation to do so. If Buyer is exempt from paying any Taxes, Buyer must notify SENSERA at time of purchase and provide a valid tax-exempt certificate to SENSERA. Buyer must maintain a valid tax-exempt certificate on file with SENSERA for Services to remain exempt from paying Taxes.

7. SHIPMENT

Products will not be shipped until full payment is received by SENSERA or trade credit terms are expressly approved by SENSERA. Title and risk of loss to all Products purchased or rented under this Agreement will pass to Buyer upon receipt of the shipment by the carrier at SENSERA’s facility.  SENSERA will select the carrier, the mode of shipment, the packaging, and any shipping insurance, and Buyer will be responsible for paying all transportation and insurance charges, including any customs fees or duties. Depending on the availability of Products in stock, SENSERA may delay delivery or make partial shipments of, and require partial payment for, the Products ordered under a Procurement Document.

When Buyer returns any Product to SENSERA, whether for repair or at the end of a Rental Term, SENSERA will create a shipping label for the Product, and Buyer will promptly package and ship the Product back to SENSERA, using the carrier stated on the shipping label. Buyer must provide a tracking number for returned Products to SENSERA once shipped. Buyer will be responsible for all transportation and insurance charges for the return of any Product to SENSERA, and title to, and risk of loss for, the Product will remain with Buyer until the Product is received by SENSERA.

8. INTELLECTUAL PROPERTY

8.1 Services and Website

All right, title, and interest in and to the Services, Website, and all software and other technology used by or on behalf of SENSERA or its providers to operate or provide the Services and Website, including all intellectual property and  rights therein or related thereto, are and will remain the sole and exclusive property of SENSERA or its providers.

8.2 Image Data

Except as indicated below, all right, title, and interest in all Image Data collected by the Products and uploaded to the SiteCloud Service shall remain with Buyer. Buyer hereby grants to SENSERA a non-exclusive, worldwide, transferable, sublicensable, royalty-free, perpetual and irrevocable license to use, copy and reproduce, alter and modify, distribute, and process all Image Data (a) to provide the Services during the term of the Service Plan under which such Image Data was collected, and (b) to perform data analysis, operate, train, develop, and improve AI Functionality and other artificial intelligence systems, improve and develop new Products and Services, market Products and Services, and perform other related lawful business functions both during and following the term of the Service Plan under which such Image Data was collected. To the extent that Buyer notifies SENSERA that any Image Data is Confidential Information, SENSERA’s right to disclose any such Image Data will be limited by the terms of Section 9 (Privacy & Confidentiality) hereof.

Buyer represents and warrants that (a) it has all necessary rights, permissions, and consents to provide the Image Data to SENSERA in accordance with this Agreement, (b) the Image Data will not violate this Agreement or any applicable laws, and (c) the Image Data and SENSERA’s use thereof does not and will not constitute an infringement or misappropriation of the intellectual property rights or other rights of any third party.

Upon expiration or termination of Buyer’s last-active Service Plan, Buyer shall have up to twelve (12) months to download any Image Data from the Website. Following such period, SENSERA shall have no further obligation to retain or archive Image Data unless required by law or by a court order in connection with ongoing litigation.  Buyer shall reimburse SENSERA for the expense incurred by SENSERA in retaining Image Data in connection with any formal litigation involving Buyer.

Buyer agrees to defend, indemnify, and hold harmless the SENSERA Parties, Carrier, and their respective officers, directors, members, managers, shareholders, employees, agents, representatives, successors, and assigns (collectively, the “SENSERA Indemnified Parties”) from and against any claims, suits, demands, actions, and all resulting losses, liabilities, damages, judgments, settlements, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) (collectively, “Claims”) arising out of (a) Buyer’s authority, or lack thereof, to grant the rights in the Image Data granted to SENSERA under this Agreement; (b) Buyer’s failure to obtain any permission or consent, in compliance with applicable laws, to use the name, image, and likeness of any individual featured in the Image Data; or (c) any allegation that SENSERA’s use of the Image Data as permitted by the license above (i) constitutes an infringement, misappropriation, or other violation of any intellectual property or other rights, or is a violation of the privacy rights, of any third party or (ii) is illegal in any way.

8.3 Usage Data

SENSERA may collect Usage Data, provided that it does not identify Buyer or any User as the source thereof and does not otherwise constitute Confidential Information. Usage Data is not Image Data and will be the sole property of SENSERA. Usage Data may be freely used by SENSERA for any lawful purpose.

8.4 Trademarks

Nothing in this Agreement gives Buyer or Users any right or license to any trademarks (whether registered or unregistered), logos, trade dress, or other brand features of SENSERA.

8.5 Feedback

If Buyer or Users from time to time provide suggestions, comments, or other feedback to SENSERA with respect to SENSERA or the Website, Products, or Services, SENSERA may freely use, copy, disclose, license, distribute, or otherwise exploit any such suggestions, comments, or other feedback in any manner and without any obligation or restriction.  SENSERA will retain sole ownership of any such suggestions, comments, or other feedback.

8.6 Third-Party Technology

The Products, Services, and Website may comprise or integrate with components and technology, including AI Features, developed, provided, or maintained by third party providers of SENSERA (“Third-Party Technology”). All Third-Party Technology, including all intellectual property and proprietary rights in or to any Third-Party Technology, is and will remain the sole and exclusive property of such third party providers.  

All access to and use of any Third-Party Technology is subject compliance with the additional third party terms required by our third party providers contained in the Mandatory Terms Addendum attached to this Agreement (and made a part hereof) (“Additional Third Party Terms”).  In addition, Buyer may also be required to agree to additional terms and conditions applicable to certain Third Party Technology (“Third Party Agreements”). Any Third-Party Agreements shall control only as to Buyer’s use of the Third Party Technology covered by those Third Party Agreements and the terms of this Agreement will continue to control in all other respects with respect to the Products, Services, and Website.  All Third Party Technology is offered for your convenience, and SENSERA will have no liability for Buyer’s and Users’ access to and use of any Third-Party Technology.

8.7 Prohibited Usage

Buyer shall not, and ensure that Users and any other third parties do not, engage in any of the actions listed below:

      • Using the Products, Services, or Website for any “high risk” activity (or any activity having a similar designation) under applicable law, including to provide life-sustaining medical care for any individual or in health care and assisted living environments;
      • Attempting, or assisting another, to access, alter, or interfere with the communications and/or information of other users of the Products, Services, or Website;
      • Rearranging, tampering with, or making an unauthorized connection with any network of a Carrier;
      • Using the Products, Services, Website, or any component thereof in such a manner so as to interfere unreasonably with the use of the same by one or more other users or in a manner that violates the acceptable use policy of the Carrier;
      • Using the Products, Services, Website, or any component thereof for any unauthorized or unlawful purposes;
      • Installing any amplifiers, enhancers, repeaters, or other devices that modify or otherwise affect the radio frequencies used to provide the Services;
      • Reproducing, altering, or creating derivative works of, or attempting to, reproduce, alter, or create derivative works of, the Products, Services, Website, or any component thereof;
      • Using the Products, Services, or Website for monitoring of third parties without their permission, except in the case of a prisoner and parolee monitoring;
      • Using the Products, Services, Website, or any component thereof in any manner that could damage, disable, overburden, or impair the same;
      • Using automated scripts to collect information from, or otherwise interact with, the Products, Services, Website, or any component thereof;
      • Distributing, selling, reselling, lending, loaning, leasing, licensing, sublicensing, or transferring any of Buyer’s or Users’ rights to access or use the Products, Services, Website, or any component thereof, except as expressly permitted by applicable law;
      • Reverse engineering, disassembling, decompiling, or otherwise attempting to derive the method of operation of the Products, Services, Website, or any component thereof, except as expressly permitted by applicable law;
      • Attempting to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Products, Services, or Website or any components thereof;
      • Monitoring the availability, performance, or functionality of the Services, Website or any component thereof; and
      • Interfering with the operation or hosting of the Services, Website or any component thereof.

9. PRIVACY & CONFIDENTIALITY

Each party (“Recipient”) may receive Confidential Information from the other party (“Discloser”) during the term of this Agreement. Recipient agrees to protect from disclosure such Confidential Information with the same degree of care that it affords its own confidential information, but in no event with less than reasonable care. The Recipient will also refrain from disclosure of any Confidential Information to any third party, except for its employees, contractors, and resellers as necessary for the performance or use of the Services under this Agreement.

For purposes of this Agreement, “Confidential Information” means all information provided or disclosed by Discloser regarding Discloser’s business, technology, or other affairs, whether in oral, written, or electronic form, that is of a nature such that a reasonable person would recognize it as confidential.  The following information will not be considered Confidential Information: (i) information that is publicly available through no fault of Recipient; (ii) information that was known by Recipient prior to commencement of discussions regarding the subject matter of this Agreement; (iii) information that was independently developed by Recipient; and (iv) information rightfully obtained by Recipient without continuing restrictions on its use or disclosure. All Usage Data and the Services, Website, and all software and other technology used by or on behalf of SENSERA or its providers to operate or provide the Services and Website shall be the Confidential Information of SENSERA.

SENSERA may be obligated to disclose or share Buyer’s Confidential Information in order to comply with any applicable legal requirements including, without limitation, administrative investigations, subpoenas, or other court orders (each, a “Mandatory Disclosure Request”).  SENSERA agrees, provided it is permitted by the applicable Mandatory Disclosure Request, to notify Buyer of any such Mandatory Disclosure Request in advance of any disclosure of Confidential Information. In the event that compliance with such Mandatory Disclosure Request incurs more than five (5) hours of employee time and/or in excess of one thousand dollars ($1,000) of professional time (including legal support), Buyer will reimburse SENSERA on demand for the fair market value of all employee time or professional expenses incurred in connection with complying with such Mandatory Disclosure Request.

Promptly upon Discloser’s written request, Recipient will return to Discloser or destroy all Confidential Information of Discloser in Recipient’s possession or control and permanently erase all electronic copies of such Confidential Information promptly, provided that Recipient may retain a reasonable number of copies of each item of Confidential Information in accordance with its own archival or back-up procedures that are compliant with applicable law or as otherwise necessary to comply with applicable law, and in such event, Recipient will continue to protect such retained Confidential Information as it is required to do so under this Agreement.

10. INSTALLATION AND SUPPORT

Unless the parties otherwise agree to the contrary in a Procurement Document, Buyer is responsible for the installation of the Products. When Buyer is installing the Products, the following terms and conditions apply:

    • It is Buyer’s responsibility to ensure that all Products are installed per all local codes, requirements, and applicable safety standards and rules.
    • SENSERA shall not be responsible for any costs incurred by Buyer or Users in connection with installation or deinstallation of products.

In the event that the parties agree that SENSERA’s agents will provide Product installation pursuant to Procurement Documents, the following terms and conditions apply:

    • Buyer will pay all fees due to SENSERA for the Product installation, as specified in the applicable Procurement Document.
    • SENSERA’s agents will have the right to enter Buyer’s premises at mutually agreed upon times in order to install the Products.
    • Buyer will ensure that no visible or latent dangerous conditions exist on its premises that could cause harm to SENSERA’s agents during the course of them installing the Products. Buyer will be liable for any such harm caused by such conditions on its premises.
    • The Buyer shall indemnify, defend, and hold harmless SENSERA Indemnified Parties from all Claims resulting from any injury to or death of any person (including injury to or death of SENSERA’s agents) or loss of or damage to tangible personal property caused by Buyer or Buyer’s premises in the course of SENSERA’s agents installing the Products.

11. LIMITED PRODUCT WARRANTY

11.1 What Is Covered

This limited warranty covers defects in materials and workmanship in Products.

11.2 What Is Not Covered

This limited warranty does not cover any Services or the Website.

This limited warranty does not cover any damage, deterioration, or malfunction resulting from any alteration, modification, tampering, improper or unreasonable use or maintenance, misuse, abuse, accident, neglect, exposure to extreme weather conditions, environmental conditions outside the specified ranges, fire, improper packing and shipping (such claims must be presented to the carrier), lightning, power surges, or other acts of nature or God.

11.3 How Long This Coverage Lasts

This limited warranty with respect to any purchased Products lasts two (2) years from the original invoice date under which Buyer is billed for each such Product. This limited warranty for all rental Products lasts for the Rental Term applicable to each such Product.

11.4 Who Is Covered

If Buyer resells any Products, this limited warranty does not transfer to the new owner upon resale.

11.5 What SENSERA Will Do Under This Limited Warranty

SENSERA will, at its sole option, provide one of the following two remedies to satisfy a proper claim under this limited warranty:

      1. Elect to repair any defective Products within a reasonable period of time, free of any charge for the necessary parts and labor to repair the Products to their proper operating condition.
      2. Replace the defective Products with, at its sole option, new or refurbished replacement Products or with similar Products deemed by SENSERA to perform substantially the same function as the original Products.

Products that Buyer purchased that are repaired or replaced under this limited warranty will be warranted for the remainder of the original warranty period or ninety (90) days, whichever is longer. Products that Buyer rents that are repaired or replaced under this limited warranty will be warranted for the remainder of the original warranty period.

11.6 What SENSERA Will Not Do Under This Limited Warranty

SENSERA will not be responsible for any costs related to the removal or return of the Products.  SENSERA will not be responsible for any costs related to any re-installation of the Products or any adjustment of User controls or any programming required during any re-installation of the Products.

11.7 How To Obtain A Remedy Under This Limited Warranty

To obtain a remedy under this limited warranty, Buyer must contact SENSERA Customer Support at 800-657-0437 or support@senserasystems.com. Buyer must provide the serial number for the affected Product and the original invoice under which the defective Product was purchased as proof of purchase. If a Product is to be returned for repair or replacement, a return authorization number (“RMA Number”) is required and will be provided to Buyer. Buyer will securely package the returned Product in a carton bearing the associated RMA Number. If a replacement Product is provided and SENSERA does not receive the defective Product to be returned under this limited warranty within fourteen (14) days of SENSERA providing the RMA Number to Buyer, SENSERA reserves the right to invoice, and Buyer will promptly pay, as applicable, (i) a late return fee owing for the period following the fourteen- (14-) day return window and the date on which SENSERA actually receives the returned Product, or (ii) a non-return fee, up to the then-current published purchase price for the replacement Product, if Buyer never actually returns the defective Product.

11.8 Other Conditions

This limited warranty is void vis-a-vie a certain Product if (a) the label bearing the serial number of the Product has been removed or defaced; or (b) the Product is not distributed by SENSERA.

12. TERMINATION

12.1 For Cause; No Service Plan In Effect

This Agreement or any individual Procurement Document, Service Plan, or Rental Term hereunder may be terminated by either party upon written notice to the other party in the event that the other party commits a material breach of this Agreement, and following receipt of written notice of such breach from the non-breaching party, fails to cure such breach within thirty (30) days thereof. Additionally, either party may terminate this Agreement in the event that no Service Plan has been in effect for a period greater than twelve (12) months. Termination of this Agreement will terminate all of Buyer’s Procurement Documents, Service Plans, and Rental Terms then in effect.

12.2 Effect of Termination

Upon termination of this Agreement for any reason: (a) all rights granted to Buyer and Users under this Agreement will terminate; (b) Buyer will pay any unpaid charges having accrued for its purchase or rental of Products and purchase of subscriptions to Service Plans; (c) Buyer will, and will cause its Users to, immediately cease all access to, and use of, the Services and Website, except for the purposes and duration permitted in Section 8.2 above; (d) Buyer will return all Confidential Information in its and Users’ possession to SENSERA, if any; and (e) SENSERA may, in its sole discretion, delete User Accounts any time after twelve (12) months following the effective date of termination of this Agreement. Provisions which by their inherent meanings are to survive the termination of this Agreement will so survive.

13. SUSPENSION

Without limiting SENSERA’S right to terminate this Agreement, SENSERA may also suspend Buyer’s and Users’ access to User Accounts and the Services and Website, with or without notice to Buyer or Users upon any actual, threatened, or suspected breach of this Agreement or applicable law or upon any other conduct deemed by SENSERA to be inappropriate or detrimental to SENSERA, the Services, or Website, or any other SENSERA customer.

14. DISPUTE RESOLUTION / ARBITRATION / GOVERNING LAW 

Except as otherwise provided in this Section 14, the parties will attempt to resolve all disputes, controversies, or claims arising under, out of, or relating to this Agreement (each, a “Dispute”) through discussion between the parties. Except as otherwise provided in this Section 14, if any Dispute cannot be resolved through negotiations between the parties within thirty (30) days of notice from one party to the other of the Dispute, either party may submit such Dispute for final settlement through binding arbitration under the rules of the American Arbitration Association then in effect (the “Rules”). The arbitration will be conducted before a sole neutral arbitrator, at a site specified by SENSERA in the State of Colorado. The award of the arbitrator will be the exclusive remedy of the parties for all claims, counterclaims, issues, or accountings presented or plead to the arbitrator. The award of the arbitrator will require the non-prevailing party to pay the prevailing party’s costs, fees, and expenses (including attorneys’ fees). Judgment upon the award may be entered in any court or governmental body having jurisdiction thereof. Notwithstanding the foregoing, if SENSERA reasonably believes Buyer or Users have, in any manner, violated or threatened to infringe SENSERA’s intellectual property rights, or breached any of their obligations with regard to SENSERA’s Confidential Information, then SENSERA may seek emergency, preliminary, or other appropriate interim relief in the federal or state courts located in Denver, Colorado. The interpretation of the rights and obligations of the parties under this Agreement will be governed in all respects exclusively by the laws of the State of Colorado, without regard to the conflict of laws provisions thereof. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement, and the parties hereby disclaim the application thereof.

15. LIMITATION OF LIABILITY, DISCLAIMERS, INDEMNITY

15.1 Limitation of Liability

The total aggregate liability of SENSERA and SENSERA’s affiliates, resellers, agents, representatives, vendors, manufacturers, or suppliers (the “SENSERA Parties”) arising out of, related to, or in connection with this Agreement or the Products, Services, or Website is strictly limited to the fees or other charges that Buyer has actually paid to SENSERA during the six (6) months immediately preceding the date on which the most recent claim for damages against any SENSERA Parties accrued. Buyer covenants and agrees to limit the total aggregate amount for damages sought by or on behalf of Buyer or any Users against the SENSERA Parties to solely such amount. Notwithstanding the foregoing, Buyer agrees that under no circumstances will the SENSERA Parties be liable to Buyer or any Users for any incidental, consequential, exemplary, treble, punitive, special, or other indirect damages of any nature whatsoever, arising out of, related to, or in connection with this Agreement or the Products, Services, or Website.

15.2 Disclaimer of Warranty: Services

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES AND WEBSITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. SENSERA DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES OR WEBSITE WILL BE ERROR FREE, UNINTERRUPTED, OR OTHERWISE MEET BUYER’S SPECIFIC REQUIREMENTS. SENSERA DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES OR WEBSITE OR ANY RESULTS OBTAINED FROM THE USE OR OPERATION THEREOF WILL BE COMPLETE, ACCURATE, ADEQUATE, RELIABLE, ERROR FREE, OR PROVIDE SPECIFIC OR DESIRED RESULTS. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICES AND WEBSITE ARE HEREBY EXCLUDED FROM THIS AGREEMENT TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY SENSERA AND THE SENSERA PARTIES, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

15.3 Disclaimer of Warranty: Products

EXCEPT AS EXPRESSLY SPECIFIED IN SECTION 11 ABOVE, ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES RELATED TO THE PRODUCTS ARE HEREBY EXCLUDED FROM THIS AGREEMENT TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY SENSERA AND THE SENSERA PARTIES, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

15.4 Indemnification

In addition to its other indemnification obligations throughout this Agreement, Buyer agrees to defend, indemnify, and hold harmless the SENSERA Indemnified Parties from and against any Claims arising out of (a) Buyer’s or Users’ use of, or failure or inability to use, the Products, Services, or Website; and (b) any breach of this Agreement, or violation of any laws or regulations or the rights of any third party (expressly including privacy rights) by Buyer, any User, or any other person using User Accounts.

16. NOTICES

Unless otherwise specified in this Agreement, any notices (1) that Buyer sends to SENSERA under this Agreement will be provided by certified mail (return receipt requested) to Sensera Systems, Inc., Attn: David Gaw, CEO, 17301 West Colfax Avenue, Suite 310, Lakewood, Colorado 80401 or by email to finance@senserasystems.com; and (2) that SENSERA sends to Buyer will be provided by an email to any email address that Buyer or Users provided to SENSERA in connection with User Accounts, provided that in the case of any notice applicable both to Buyer and other customers, SENSERA may instead provide such notice by posting it on the Website. Notices provided to SENSERA will be deemed given when actually received by SENSERA. Notices provided to Buyer will be deemed given twenty-four (24) hours after posting to the Website or sending via e-mail.

17. MISCELLANEOUS TERMS

Except as expressly set forth in this Agreement, this Agreement may be amended or modified only by a writing signed by both parties. Any waiver or failure by SENSERA to enforce any provision of this Agreement on one (1) occasion will not be deemed a waiver by SENSERA of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be unenforceable under any law, that provision will be removed to the extent necessary to comply with such law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with such law, and the remaining provisions will remain in full force. Neither this Agreement nor any of Buyer’s or Users’ rights or obligations hereunder may be assigned or transferred by Buyer (in whole or in part and including by sale, merger, consolidation, or other operation of law) without the prior written approval of SENSERA. Any assignment in violation of the foregoing will be null and void. SENSERA may freely assign this Agreement. The words “include,” “includes,” and “including” means “include,” “includes,” or “including,” in each case, “without limitation.” The parties hereto are independent parties, not agents, employees, or employers of the other or joint ventures, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other.

ADDENDUM
Mandatory Terms

Healthcare restrictions

Buyer shall not use the Services, including AI Features, for clinical purposes, to provide medical advice, medical treatment, or diagnosis, or in any manner that is overseen by or requires clearance or approval from any clinical, medical, healthcare or other regulatory authority. 

prohibited uses

Buyer will not use any Services, including AI Features: (1) to engage in dangerous or illegal activities, or otherwise violate applicable law or regulations, including generating or distributing content that (a) relates to child sexual abuse or exploitation, (b) facilitates violent extremism or terrorism, (c) facilitates non-consensual intimate imagery, (d) facilitates self-harm, (e) facilitates illegal activities or violations of law, (f) violates the rights of others, including privacy and intellectual property rights, (g) tracks or monitors people without their consent, or (h) makes automated decisions that have a material detrimental impact on individual rights without human supervision in high-risk domains; (2) to generate or distribute content that facilitates (a) spam, phishing, or malware, (b) abuse of, harm to, or interference with, or disruption to infrastructure or services, or (c) circumvention of abuse protections or safety filters; (3) to engage in sexually explicit, violent, hateful, or harmful activities, including generating or distributing content that facilitates (a) hatred or hate speech, (b) harassment, bullying intimidation, abuse, or the insulting of others, (c) violence or the incitement of violence, or (d) sexually explicit content; or (4) to engage in misinformation, misrepresentation, or misleading activities, including (a) frauds, scams, or other deceptive actions, (b) impersonating an individual without explicit disclosure, in order to deceive, (c) facilitating misleading claims of expertise or capability insensitive areas, (d) facilitating misleading claims related to governmental or democratic processes or harmful health practices, in order to deceive, or (e) misrepresenting the provenance of generated content by claiming it was created solely by a human in order to deceive. 

INSTALLATION SERVICES ADDENDUM

This Installation Services Addendum (this “Addendum”) supplements and amends the Sensera Terms and Conditions (“Terms and Conditions”) entered into between Sensera Systems, Inc. (“SENSERA”) and the party signing below as the Buyer.
This Addendum provides for the performance of Services to install certain Applicable Products Buyer has obtained from SENSERA under the Terms and Conditions (“Installation Services”).
This Addendum and the Terms and Conditions together form the terms of an agreement (“Agreement”) between Buyer and SENSERA applicable to the Installation Services. SENSERA is willing to provide the Installation Services under the terms of the Agreement only if Buyer agrees to be bound by the Agreement.
PLEASE READ THIS ADDENDUM CAREFULLY. IF YOU DO NOT AGREE TO THIS ADDENDUM, OR DO NOT MEET ALL OF THE QUALIFICATIONS IN THIS ADDENDUM, YOU MAY NOT ENTER INTO THE AGREEMENT AND SENSERA IS NOT WILLING TO OFFER OR PROVIDE YOU WITH ANY INSTALLATION SERVICES.

    1. 1. DEFINITIONS.  All capitalized terms used in this Addendum shall have the meanings given to them herein or in the Terms and Conditions.  
    2. 2. INTERPRETATION.  In the event of any conflict between this Addendum and the Terms and Conditions, this Addendum will take precedence and control as to the Installation Services, provided that the Terms and Conditions will continue to control as to the Products and other Services and all access to and use thereof.  
    3. 3. APPLICABLE PRODUCTS.  All applicable Products under this Addendum (“Applicable Products”) will be as specified in one or more Procurement Documents accepted by SENSERA under this Addendum.  SENSERA shall have no obligation to perform Installation Services for any Products other than the Applicable Products hereunder.  
    4. 4. FEES.  Buyer will pay all fees due to SENSERA for the Installation Services, as specified in each applicable Procurement Document.  
    5. 5. INSTALLATION SERVICES.  The Installation Services form part of the Services under the Terms and Conditions.  SENSERA will use commercially reasonable efforts to perform the Installation Services for the Applicable Products as specified herein and in the applicable Procurement Document(s) for such Applicable Products.  SENSERA’s provision of Installation Services does not expand Buyer’s rights in or to any Applicable Products or any other Services under the Agreement.  The Installation Services do not include any support, maintenance, adjustments, or other services beyond installation of the Applicable Products.  
    6. 6. BUYER RESPONSIBILITIES.  Buyer represents, warrants, and covenants that Buyer: (1) will obtain all permissions and consents necessary for SENSERA to enter the applicable premises where all Applicable Products are located (“Applicable Premises”) and to perform all Installation Services, including all permissions and consents from the owner of such premises (if Buyer is not the owner); (2) will ensure that no visible or latent defects or conditions exist on the Applicable Premises that could cause injury or harm to SENSERA or its third party providers in the performance of the Installation Services; (3) will permit (or arrange for) SENSERA or its third party providers to enter the Applicable Premises at mutually agreed upon times as required to perform all Installation Services; (4) provide such information and assistance as is requested by SENSERA to enable SENSERA to perform the Installation Services; (5) Buyer shall provide SENSERA with accurate site maps and plans for the Applicable Premises prior to performance of the Installation Services; and (6) if SENSERA identifies any problems, impediments, dangers, or other issues that may impact the performance of the Installation Services, Buyer will resolve any such issues prior to performance of the Installation Services. 
    7. 7. THIRD PARTY PROVIDERS.  SENSERA may use third parties to provide any portion of the Installation Services.  Any rights granted to SENSERA hereunder will also extend to any such third party.  
    8. 8. INSTALLATION ACKNOWLEDGEMENT.  Upon completion of the Installation Services, Buyer will execute the Acknowledgement Form attached hereto as Exhibit A.  
    9. 9. NO ADDITIONAL SERVICES.  Following completion of the Installation Services, SENSERA will have no further obligation to perform any additional Services hereunder to support, maintain, adjust, or otherwise service any Products, unless separately agreed to in writing by the parties in an applicable Procurement Document.  
    10. 10. INDEMNIFICATION.  Without limiting any other indemnification obligation of Buyer under the Agreement, Buyer agrees to defend, indemnify, and hold harmless the SENSERA Indemnified Parties from and against any Claims arising out of (1) any breach by Buyer of this Addendum or the terms of the Agreement pertaining to the Installation Services and (2) any injury to or death of any person (including SENSERA or any third party providers), or any loss of or damage to tangible personal property suffered by any person (including SENSERA or any third party providers), occurring on the Applicable Premises or in connection with the performance of the Installation Services.  
    11. 11. DISCLAIMER.  ALL INSTALLATION SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY ADDITIONAL REPRESENTATIONS, WARRANTIES, OR COVENANTS OF ANY KIND.  SENSERA EXPRESSLY DISCLAIMS, AND BUYER DISCLAIMS ANY RELIANCE ON, ALL REPRESENTATIONS, WARRANTIES AND COVENANTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THIS ADDENDUM AND THE INSTALLATION SERVICES, INCLUDING ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.  WITHOUT LIMITING THE FOREGOING, SENSERA DOES NOT GUARANTEE ANY DESIRED RESULTS AND SENSERA DOES NOT OFFER ANY SPECIFIC GUARANTEE OF PERFORMANCE RESULTING FROM THE INSTALLATION SERVICES.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SENSERA OR ITS AGENTS OR REPRESENTATIVES WILL CREATE ANY REPRESENTATIONS, WARRANTIES, OR COVENANTS UNLESS CONFIRMED IN WRITING BY SENSERA AS AN AMENDMENT TO THIS ADDENDUM.  
    12. 12. ADDITIONAL LIMITATIONS.  Sensera Systems is not responsible or liable for any damage or injury caused in connection with the performance of any Installation Services, including to the Applicable Premises.  All Products are installed for monitoring purposes only and may not capture every angle or event that occurs on the property.  Buyer understands that, while the Products are designed to enhance security, SENSERA does not guarantee that the Products or Installation Services will prevent or deter theft, break-ins, or other criminal activity.  Buyer acknowledges and understands the potential limitations of the Applicable Products, including: (1) limited coverage area (depending on the camera angle, range, and environmental factors); (2) image quality variations due to weather conditions, lighting, or obstructions; and (3) potential interference from physical elements such as shading from trees, fences, or walls.