AccuDose agrees to use commercially reasonable efforts to provide Customer with remote monitoring and notification services by utilizing cellular data transmission and cloud-based software to deliver real-time alarms, alerts, and data to Customer’s designated recipients via SMS, email, or the AccuDose Portal dashboard as configured in the Customer’s account.

AccuDose’s services include access to the AccuDose cloud dashboard, cellular data service for enrolled hardware units, firmware updates delivered over-the-air, and technical support for the duration of the active server plan term.

1. Customer understands that AccuDose provides monitoring and notification services only and will not respond to, dispatch personnel for, or take corrective action related to any events about which monitoring and notification are provided. Customer is solely responsible for responding to alarms and taking action at monitored sites.
2. Customer is solely responsible for the accuracy of all configuration entries in the AccuDose dashboard, including notification recipients, alarm setpoints, schedules, and input assignments, notwithstanding the fact that AccuDose may have assisted with initial setup on the Customer’s behalf. Customer bears the sole risk of any loss or damage resulting from configuration changes made by or on behalf of Customer that may prevent or impair timely alarm notification.
3. Customer must provide its own on-site installation and maintenance services. Customer agrees to test all digital and analog input alarms on a regular basis (no less than every six months) and verify that each alarm point successfully transmits to the AccuDose platform and that alarm notifications accurately reach all intended recipients. Customer shall notify AccuDose in writing of any real or perceived system failures. AccuDose shall use commercially reasonable efforts to resolve such failures but is not obligated to travel to Customer’s premises to perform diagnostic or corrective actions.
4. Customer agrees to maintain physical hardware units in good working condition, protect units from moisture ingress, electrical damage, and vandalism, and ensure that power is maintained at all monitored sites.

1. Customer understands and agrees that AccuDose makes no representations, promises, warranties, or guarantees regarding uninterrupted cellular service or the quality, completeness, or reliability of wireless data transmission. AccuDose utilizes LTE-M cellular data services provided by Verizon, AT&T, T-Mobile, and other participating carriers. Such carriers disclaim any and all liability arising from Customer’s use of AccuDose’s products and services. AccuDose has no control over the cellular, radio, or internet communication medium which Customer may rely upon for alarm and data delivery.
2. Customer understands and agrees that it has no contractual relationship with the underlying wireless service carriers and is not a third-party beneficiary of any agreement between AccuDose and such carriers. In any event, Customer’s exclusive remedy against AccuDose for claims arising from service failure or disruption is limited to payment of damages as described in Section 4(c).
3. Customer shall indemnify and hold harmless AccuDose’s underlying wireless service carriers and their officers, employees, and agents against any and all claims arising directly or indirectly in connection with this Agreement or the use, failure to use, or inability to use the cellular services, except where such claims result from a carrier’s gross negligence or willful misconduct. This indemnity shall survive termination of the Agreement.
4. Customer understands and agrees that AccuDose and the underlying carriers cannot guarantee the security of wireless transmissions and will not be liable for any lack of security relating to the use of cellular services.
5. The service is for Customer’s use only. Customer may not resell AccuDose services or cellular connectivity to any third party.

Customer agrees that in further consideration of being granted the right to utilize AccuDose’s monitoring and notification services, the Customer, on behalf of itself and any employees and agents, agrees:

1. To indemnify, defend, and hold AccuDose, its members, managers, directors, officers, employees, agents, suppliers, and affiliated companies harmless against any and all claims, demands, or actions based upon any losses, liabilities, obligations, damages, or costs — whether direct or indirect, special or consequential, including attorneys’ fees and court costs — that may result from the operation of AccuDose’s products and services, or from the failure of the AccuDose system to report a given event or condition.
2. To release, waive, discharge, and covenant not to sue AccuDose, its members, managers, directors, officers, employees, agents, suppliers, or affiliated companies from any and all liabilities arising from any claim, demand, or action based upon any losses, liabilities, obligations, damages, or costs — whether direct or indirect, special or consequential — that may result from the operation of AccuDose’s products and services, or from the failure of the AccuDose system to report a given event or condition.
3. That in the event AccuDose is found to be liable for any loss or damage arising from negligence, mistakes, omissions, interruptions, delays, errors, or defects in AccuDose’s products or services, such liability shall not exceed the total amount paid by the Customer to AccuDose for services during the previous six (6) months or $250.00, whichever is greater.
4. That neither AccuDose nor its members, managers, directors, officers, employees, or agents is an insurer and that Customer is responsible for maintaining its own insurance coverage sufficient to provide compensation for any loss, damage, or expense that may arise in connection with the use of AccuDose’s products or services.
5. Customer understands that the AccuDose system may log system events, alarm transmissions, user access, and configuration changes for diagnostic and support purposes.

AccuDose warrants that its hardware products are free from defects in material and workmanship for the lifetime of the product under normal use. AccuDose’s sole obligation under this limited warranty is to repair or replace the defective unit, at AccuDose’s option, at no charge to the Customer.

This limited warranty is voided if the product has been physically damaged, submerged in water beyond its rated IP protection, subjected to voltage outside specified input ranges, improperly installed, or repaired or modified by any party other than authorized AccuDose personnel.

Other than this limited warranty, AccuDose’s products and services are provided with no other warranties, express or implied, including any warranties of merchantability or fitness for a particular purpose.

AccuDose’s products and services are designed to monitor and notify Customer of events relating to remote equipment and infrastructure. They are not intended to be used as life-safety, fire detection, burglar alarm, or emergency dispatch systems.

Customer hereby expressly agrees that under no circumstances shall AccuDose’s products and services be used for life-safety, fire, or emergency reporting or control purposes. Customer hereby indemnifies, defends, and agrees to hold AccuDose, its members, managers, directors, officers, employees, agents, suppliers, and affiliated companies harmless against any and all claims, demands, or actions arising from any such unauthorized use.

Where Customer chooses to utilize AccuDose’s digital output functionality to perform manual or automated relay control for pumps, valves, chemical feed systems, or any related application, Customer agrees that AccuDose performs this service on a best-efforts basis only.

AccuDose strongly recommends that Customer not rely solely on AccuDose for the control of remote relay-activated devices and that Customer make provisions for alternate means of locally or remotely operating such controls. AccuDose strongly recommends that Customer make appropriate electrical or mechanical provisions at the controlled site to ensure safe and proper operation of remotely activated equipment.

Customer agrees to pay AccuDose for hardware and a server plan fee as indicated in Customer’s invoice. Hardware costs are due within 30 days from the date of shipment. In most cases, AccuDose units are pre-activated and connected to the AccuDose cloud platform prior to shipment. Server plan fees are prepaid for the full term selected (3-year or 5-year), commencing upon shipment of pre-activated hardware or upon Customer-initiated activation, whichever occurs first.

Server plan fees cover cellular data service, cloud dashboard access, SMS and email alarm delivery, over-the-air firmware updates, and technical support for the full term of the plan. There are no per-alarm charges, no annual software licensing fees, and no mid-term price increases for the duration of an active plan term.

Because most AccuDose units ship pre-activated, plan time begins at shipment. Customers who anticipate a delay between receipt and installation should contact AccuDose prior to ordering to discuss inactive unit options. After the expiration of an active plan term, Customer may renew at then-current published rates. AccuDose reserves the right to adjust renewal pricing with reasonable advance notice to Customer.

Written cancellation or service modification requests must be submitted to info@accu-dose.com by the Customer’s account administrator.

Customer understands the intended uses of AccuDose’s products and services and will ensure that they are used in a safe and intended manner consistent with AccuDose’s documentation and wiring guides. In the event of a malfunctioning unit, after notification to Customer and attempting to resolve the issue remotely, AccuDose shall have the right to deactivate the unit until the malfunction has been remedied.

Customer agrees to contact AccuDose technical support if uncertain about installation, configuration, or operation of AccuDose’s products. AccuDose technical support is available by phone at 866-310-1055 or by email at info@accu-dose.com.

Regardless of the place of contracting or performance, this Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed by and construed in accordance with the laws of the State of Florida. Any suit, action, or legal proceeding involving this Agreement shall be brought exclusively within the State or Federal Courts situated in Hillsborough County, Florida. Customer hereby irrevocably consents to the personal jurisdiction of such courts and waives any defenses inconsistent with this provision.

This Agreement contains the entire agreement between AccuDose and Customer and supersedes all prior representations, inducements, promises, or agreements, oral or otherwise. The conditions set forth in this Agreement take precedence over any other conditions, and no contrary, additional, or different provisions shall be binding on AccuDose unless accepted in writing by AccuDose.

Any provisions contained in a Customer purchase order or other communication that are inconsistent with or in addition to the terms herein shall have no force or effect. The terms contained herein shall be controlling in the event of any inconsistency with Customer communications.

In the event that any one or more of the provisions or portions thereof contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable, the same shall not invalidate or otherwise affect any other provisions of this Agreement, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein.

This Agreement shall be binding upon each of the parties hereto, together with their respective heirs, successors, and permitted assigns. Customer shall have no right to assign any or all of its rights under this Agreement without the prior written consent of AccuDose LLC.