Conditions of Use

Welcome to RASTA Sense LLC (“us”, “our”, “we”, and the “Company”)!

These Conditions of Use (these “Conditions”) govern access to and use of our website located at rastasense.com (the “Website”) and our software applications installed on supported devices, including mobile phones, tablets, and computers (“Apps”), including the creation of and access to any online Account through the Website or Apps. These Conditions, together with our Terms and Conditions , our System Documentation , our Privacy Statement , and your subscription order, comprise our “Agreement”.

These Conditions and the other components of the Agreement create a legally-binding agreement between you and us. In the event of conflict between these Conditions and any other components of the Agreement, such other terms will control to the extent of the conflict, but these Conditions will otherwise continue to apply to you.

These Conditions apply specific rules to your use our Website and our Apps. Our Terms and Conditions separately and in addition govern the purchase and use of the RASTA Gunshot Detection device, Apps, and related cloud services (collectively, the “System”). We may provide additional or different conditions of use, notices, statements, or policies that are specific to Apps between these Conditions and any such other documents, such other documents will control to the extent of the conflict, but these Conditions will otherwise continue to apply to you.

Please review these Conditions carefully. If you do not agree to any terms or conditions enumerated in these Conditions, do not use the Website or Apps.

Pursuant to Section 26 below, these Conditions may change from time to time. Your continued use of our Website or Apps after we make changes as described in these Conditions is deemed to be acceptance of those changes, so please check these Conditions periodically for updates.

1. Eligibility

You must be at least eighteen (18) years of age and legally capable of entering a binding contract to use the Website. If you use the Website on behalf of an entity, you represent that you have authority to bind that entity and that “you”, as used in these Conditions, includes that entity.

2. Scope and Purpose of the Website

Through the Website you may:

Create or access a web account to view or manage your profile, purchases, and subscription details related to the Company (an “Account”);
Learn about the System;
Purchase devices and subscriptions related to the System;
Obtain information about our subscription services; and
Communicate with us.

The Website does not provide app functionality, device control, or access to the System. Use of the System is governed by our Terms and Conditions and our System Documentation , as well as any additional or different conditions of use, notices, statements, or policies that are specific to Apps.

3. Privacy and Tracking Technologies

Your use of the Website and Apps is subject to our Privacy Statement , which explains how we collect, use, and disclose information and may be updated from time to time. Please review our Privacy Statement prior to utilizing the Website and Apps.

The Website may use cookies and similar technologies for functionality, analytics, and personalization as described in the Privacy Statement. Where required by law, we will present a cookie banner and/or consent management tool that allows you to provide, withdraw, or modify consent for non‑essential cookies and tracking technologies. Your cookie preferences selected via the banner or consent tool will be honored on the Website, subject to technical limitations described in our  Privacy Statement

4. Accounts and Security

Certain Website and App features require an Account. In connection with your Account, you agree to:

Provide accurate, current, and complete personal information;
Maintain the confidentiality of your credentials;
Promptly update your information as needed; and
Notify us immediately of any suspected unauthorized access or security incident.

You are solely responsible for any actions or activities that occur through your Account, whether performed by you or by others who gain access to your Account.

5. Website Purchases and Payment Processing

Purchases made through the Website or App are processed by our third‑party payment portal (our “Payment Processor”). By submitting payment information, you authorize the Payment Processor to charge your selected payment method and agree to its terms, policies, and applicable fees. Please note that we do not control and are not responsible for the acts or omissions of any Payment Processor, including those related to payment processing, refunds, chargebacks, or dispute resolution. Posted prices, taxes, shipping, returns, and refunds are as shown at checkout and/or in our posted policies or the Terms and Conditions. All prices, taxes, shipping costs, return policies, and refund procedures are displayed at checkout and/or outlined in our posted policies or the Agreement. Where applicable, subscription renewal purchases are also governed by our Terms and Conditions.

We recommend that you carefully review the Payment Processor’s terms of use and privacy policy before completing your transaction. If you have questions or concerns regarding a payment, refund, or dispute, please contact the Payment Processor directly. We will make reasonable efforts to assist you if needed, but the ultimate responsibility remains with the Payment Processor.

6. Acceptable Use

You agree that you will not misuse the Website or Apps, including, without limitation, by engaging in any of the following actions:

Violating any applicable law, regulation, or third-party right;
Interfering with, disrupting, deactivating, deciphering, decompiling, disassembling, reverse engineering, or negatively impacting the Website, other users, or related networks and services;
Uploading, transmitting, or introducing viruses, malware, or any harmful code;
Attempting to gain unauthorized access to any accounts, systems, data, or security features;
Circumventing or attempting to bypass any access controls, rate limits, or other security measures;
Scraping, crawling, indexing, harvesting, or extracting data from the Website or Apps without our prior written consent;
Collecting or storing any personally identifiable information from your use of the Website or Apps, or from any other users’ use of the Website or Apps without their express prior permission;
Collecting or storing any personally identifiable information from your use of the Website or Apps, or from any other users’ use of the Website or Apps, in a way that violates our Privacy Statement ; or
Engaging in any activity that may damage, disable, overburden, or impair the Website’s or Apps’ functionality or security.

We reserve the right to suspend or terminate your access to the Website or Apps for any violation of these Conditions, or our Terms and Conditions or any other component of the Agreement, without notice and at our sole discretion. The Company will also have the right to investigate and prosecute violations of any of the above or other violations of these Conditions, including intellectual property infringement and security breach violations, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate or are suspected of violating these Conditions or applicable law. You expressly agree that we are entitled to enforce this Section 6 to these Conditions through specific performance, without limiting our other remedies available in law or equity.

7. Intellectual Property; License to Use the Website

We retain ownership of and all other rights to our intellectual property, including all software, code, and other intellectual property in our Website and Apps. All content included in or made available through the Website or Apps, such as (without limitation) text, graphics, logos, button icons, images, digital downloads, data compilations, videos, interfaces, software, and/or the compilation thereof, is the property of the Company, or the relevant content suppliers, and protected by United States and international copyright and other intellectual property laws.

You agree that we exclusively own all Company content and other Company intellectual property, including any goodwill generated through your use of any of them. You further agree that we exclusively own the names, logos, trademarks, domain names, and URLs of the Company made available to you by us (our “Marks”) via the Website or Apps. You agree not to use our Marks except as expressly authorized by us in writing and not to take any action that conflicts with our ownership and other rights in our Marks or other intellectual property. Below is a non-exhaustive list of our Marks incorporated into the Website and Apps:

RASTA;
RASTA SENSE LLC;
RASTA SENSE;
RASTA SENSE SMARTER;
RASTA SENSE logo; and
RASTA SENSE SMARTER logo.

All such Marks are trademarks, registered trademarks, or trade dress of the Company or its affiliates in the United States and/or other countries. Our Marks may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks incorporated into or appearing within the Website or Apps but not owned by us are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.

Subject to these Conditions, we grant you a limited, revocable, non‑exclusive, non‑transferable license to access and use the Website and, if purchased and subject to the Terms and Conditions and other components of the Agreement, Apps for their respective intended purposes. Except as expressly permitted, you may not reproduce, modify, distribute, publicly display, perform, create derivative works from, reverse engineer, decompile, or remove proprietary notices from any portion of the Website. All rights not expressly granted in these Conditions are reserved by the Company.

Please see our Terms and Conditions for more terms about our intellectual property rights and any license we may grant to you related thereto or to otherwise utilize the Website.

8. Your Content

Your “Content” includes your name and other personally identifiable information, logos, trademarks, domain names, URLs, data, text, links, graphics, photos, audio, videos, or other materials that you own or license and either provide to us or are accessible via the Website or Apps. However, your Content does not include, without limitation, our Website, Apps, the System, the System’s related software or hardware, our supplied content, our Marks, or any of our other intellectual property or intellectual property rights, which we retain.

We claim no ownership of your Content. However, you grant us an unlimited, non-exclusive, worldwide, royalty-free, transferable, sublicensable, perpetual, irrevocable license to use your Content that is captured or otherwise provided by you through the Website or Apps, in addition to, and without limiting, our rights of fair use and other rights we may have under applicable law. Our license to use your Content includes that we may reproduce, distribute, display, transmit, promote, publish, and otherwise digitally make available your Content to our service providers or other third parties for the proper or intended function of the Website or apps. We will only utilize and share such data in compliance with applicable law, our Terms and Conditions, and our Privacy Statement.

You acknowledge that the Company may, but has no obligation to, monitor your access to or otherwise review your use of the Website and Apps. You are solely responsible for your Content and for any damage or liability resulting from it, and represent that:

You have all necessary rights to your Content, and to deliver and license it to us as provided herein;
You are not infringing on another party’s intellectual property via your Content; and
Your Content is not false, misleading, disparaging, illegal, or in violation these Conditions, our Terms and Conditions , our Privacy Statement , or applicable law.

Although we have no obligation to do so, you agree that we may remove your Content from our Website or App for violating the foregoing or for any other reason, and that we are not liable to you for doing so.

9. Feedback

You have no ownership or interest in any suggestions, comments, ideas, improvements, or other feedback or materials you provide to the Company related to the Website, our Apps, our Devices (as defined in the Terms and Conditions ), the System, or any of our other products and services related thereto (“Feedback”). If you provide Feedback to us, you agree that we are free to use, disclose, reproduce, modify, license, transfer, and otherwise exploit it for our benefit, without owing any royalty or other obligation to you. If we make suggestions related to your use of the Website, Apps, Devices, the System, or otherwise respond to your Feedback, you are responsible for any actions you take based on our suggestions or responses, for which we have no liability.

You acknowledge your Feedback and related responses are Content. You agree that your Feedback and your related responses provided to the Company will be truthful, respectful, and professional, as well as in compliance with the other components of our Agreement.

10. Communications; E-Sign Consent

By submitting inquiries or creating an Account, you consent to receive communications from us, including service and transactional messages and, where permitted, promotional messages consistent with your preferences. If you transact electronically, you consent to use of electronic records and signatures as permitted by law. Notices may be provided consistent with Section 27 herein and our Terms and Conditions’ notice framework.

11. Third Party Services and Features

The Website and Apps may link to or reference third‑party websites or services (including the Payment Processor) that operate independently from us. We do not control or endorse third‑party websites or services and are not responsible for their content, policies, or practices. Your use is at your own risk and subject to third‑party terms, which we strongly suggest you review.

12. Digital Millennium Copyright Act Notice

We respect the intellectual property rights of others and expect users of the Website and Apps to do the same. If you believe that content available on or through the Website or Apps infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent (the “DMCA Agent”) with a written notice that includes:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address;
A statement that the complaining party has a good‑faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Alternatively, if you believe that your content was removed or disabled by mistake or misidentification, you may send a counter‑notification to the DMCA Agent that includes:

Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement under penalty of perjury that you have a good‑faith belief that the material was removed or disabled as a result of mistake or misidentification;
Your name, address, telephone number, and email address; and
A statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if outside the United States, for any judicial district in which the service provider may be found), and that you will accept service of process from the person who provided the notification of alleged infringement or an agent of such person.

Our DMCA Agent can be reached at:

RASTA Sense LLC
Attention: Mohamed Hagras, DMCA Agent
13 North Washington Street Ypsilanti, Michigan 48197
coo@rastasense.com

13. Sanctions Prohibitions

You may not use the Website or Apps if you are the subject of United States sanctions or of sanctions consistent with United States law imposed by the governments of the country where you are using Website or Apps.

14. Imports and Exports

You must comply with all United States or other export and re-export and import restrictions, laws, and other requirements that may apply to goods, software (including the Website), technology, and services. You will not directly or indirectly export, re-export, transmit, or cause to be exported, re-exported, or transmitted, any commodities, software, or technology to any country, individual, corporation, organization, or entity to which such action is restricted or prohibited by applicable law.

15. Disclaimers

THE WEBSITE AND APPS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EXCEPT AS REQUIRED BY LAW, THE COMPANY MAKES NO WARRANTIES WHATSOEVER WITH RESPECT TO THE WEBSITE, INCLUDING ANY WARRANTY OF MERCHANTABILITY; WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; WARRANTY OF TITLE; OR WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

We do not warrant that the Website or Apps will be uninterrupted, secure, or error‑free, that defects will be corrected, or that the Website or Apps will be free of viruses or harmful components.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, REPRESENTATIVES, EMPLOYEES, AFFILIATES, AGENTS, AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING FROM OR RELATED TO THESE CONDITIONS OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR APPS. IN NO EVENT WILL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE WEBSITE EXCEED THE TOTAL OF THE AMOUNTS PAID BY YOU TO THE COMPANY FOR PURCHASES MADE THROUGH THE WEBSITE OR APPS DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. TO THE EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL LIABILITY OF ANY KIND RELATING TO THIRD‑PARTY SERVICES, INCLUDING PAYMENT PROCESSORS.

17. Indemnification

You agree to indemnify and hold harmless the Company and its officers, directors, members, managers, representatives, employees, affiliates, agents, and partners from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from:

Your use or misuse of the Website or Apps;
Your violation of these Conditions or any other component of the Agreement; or
Your violation of any law or third‑party right.

18. Force Majeure

We will not be liable for any failure to perform, or delay in performing, any obligations under these Conditions due to causes beyond our reasonable control, which may include, but are not limited to:

Internet or telecommunications failures;
Power outages;
Failures of third‑party service providers;
Environmental interference;
Acts of God;
War, terrorism, riots, or civil disturbances;
Governmental actions or regulations;
Epidemics, pandemics, or other public health emergencies; or
Labor disputes or strikes.

19. Governing Law

These Conditions are governed by the laws of the state of Michigan, without regard to conflict of laws principles.

20. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION 20 CAREFULLY, AS IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Any dispute, claim, or controversy arising out of or relating to these Conditions, the Website, the Apps, your Account access via the Website, or your relationship with the Company (collectively, “Disputes”) will be resolved through final and binding arbitration, except for claims that may be brought in small claims court, if eligible. BOTH YOU AND THE COMPANY WAIVE THE RIGHT TO PURSUE DISPUTES IN COURT BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN ANY CLASS OR REPRESENTATIVE ACTIONS. Arbitration will be conducted by a single, neutral arbitrator in accordance with the applicable rules.

Before starting arbitration, you must send a written notice of the Dispute to the Company and allow a sixty (60)‑day period for good‑faith efforts to resolve the Dispute, including a settlement conference by telephone, video, or in person if requested. Any applicable statute of limitations will be paused during this period.

If the Dispute is not resolved within sixty (60) days, either party may initiate arbitration. The arbitrator may award any remedy available in court for the individual claim, including injunctive or equitable relief, and any award may be entered in any court of competent jurisdiction. The arbitrator will decide all issues relating to the interpretation, applicability, or enforceability of these Conditions or this agreement to arbitrate.

To the fullest extent permitted by law, Disputes must be brought solely in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. BOTH YOU AND THE COMPANY WAIVE ANY RIGHT TO A JURY TRIAL. If any claim cannot be arbitrated due to applicable law, that claim may be brought in court; all other claims remain subject to arbitration.

To the extent a court action is permitted (e.g., small‑claims actions, non‑arbitrable claims, or enforcement of an arbitration award), all disputes will be resolved exclusively in the courts located in Detroit, Michigan, and the parties consent to personal jurisdiction there.

21. Termination; Suspension

In addition to the termination and suspension provision provided in our Terms and Conditions , we may suspend or terminate your access to the Website and Apps (including Account access) at any time, with or without notice, for any reason, including suspected violations of these Conditions or other components of the Agreement, legal compliance, security concerns, or risk to the Website, Apps, or others. Upon termination, your right to use the Website and Apps ceases immediately. Sections that by their nature should survive, including Section 7, Sections 10 through Section 20, and Sections 22 through 27, will survive termination.

22. Assignment

You may not assign these Conditions, by operation of law or otherwise, without our prior written consent. We may assign and delegate our rights and obligations under these Conditions without limitation, including engaging third parties to provide services related to the Website on our behalf. These Conditions bind and inure to the benefit of the parties and their respective successors and permitted assigns.

23. Interpretation

Throughout these Conditions, the terms “including”, “such as”, and “for example” mean “including, without limitation”, and the term “discretion” means “sole discretion without obligation of good faith or otherwise”.

24. Waiver; Severability

No waiver by us is effective unless explicitly set forth in writing and signed by an authorized representative of the Company. No failure or delay in exercising any right or remedy operates as a waiver. If any term of these Conditions is invalid, illegal, or unenforceable, that will not affect any other term; the remaining provisions will remain in full force and effect.

25. Entire Agreement; Order of Precedence

These Conditions, together with our Terms and Conditions , our System Documentation , our Privacy Statement and the other components of our Agreement as set forth in our Terms and Conditions , comprise our Agreement. The Agreement represents the entire agreement between you and us.

In the event of a conflict between these Conditions and the Terms and Conditions , the Terms and Conditions control any inconsistency with any other document included in the Agreement. These Conditions will otherwise continue to apply to you.

26. Changes to These Conditions

We may update these Conditions from time to time. When we do, we will revise the “Last updated” date below and notify you through our Website, Apps, the System, or via email. Continued use of the Website or Apps after changes take effect constitutes your acceptance of the revised Conditions.

27. Notices; Contact Information

We may provide notice to you by email or physical mail to the last known address in our records, or through the Website or Apps. Delivery is deemed to occur when sent. You may change certain contact information through your Account.

If you have questions about these Conditions, wish to send notice to us, or otherwise desire to contact us, please reach out to:

RASTA Sense LLC
13 North Washington Street Ypsilanti, Michigan 48197
support@rastasense.com