Terms & Conditions

Welcome to RASTA Sense LLC (“us”, “our”, “we”, and the “Company”)! The RASTA Gunshot Detection device, applications, and related cloud services (collectively, the “System”) comprise a gunshot detection and notification system designed to detect sound patterns consistent with gunshots and notify authorized users in near real time. The System is designed to analyze sounds patterns to identify potential gunshots and send real‐time alerts to authorized users, who may include security, police, and other designated first responders. Our goal is to empower users to stay informed and promote safer spaces.

These Terms and Conditions (these “Terms”) govern the purchase and use of the System and all related matters by each subscriber to the System and all users (“you” or “your”), and together with our Privacy Statement , System Documentation, Conditions of Use , and your initial purchase or subscription renewal order, comprise our “Agreement”. The sale, purchase, and use of the System is expressly made conditional on acceptance of these Terms and the Agreement. Any terms and conditions or documents delivered by you, whether as a purchaser and subscriber to or user of the System, are objected to and rejected, and are not part of the Agreement. These Terms control any inconsistency with any other document included in the Agreement.

By placing your purchase or subscription renewal order with us, paying any amount to us in exchange for access to the System, or downloading, accessing, or using the System or any App, or installing any Device, you agree to be bound by this Agreement on behalf of yourself, all members of your household, all of your employees, agents, invitees, and other persons who access your space, and all other people and entities that access or use the System (collectively, “Covered Parties”). You are responsible for any access, use, or misuse of the System by Covered Parties or their breach of this Agreement. By using or accessing the System, you acknowledge and accept responsibility for the actions and usage of all Covered Parties. If you are entering into this Agreement on behalf of an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity and that “you” or “your” includes you individually and that entity, as well as all other Covered Parties.

SECTION 19 INCLUDES AN ARBITRATION PROVISION TO WHICH YOU AGREE.

1. The System and Certain Limitations

The System is an indoor gunshot detection and notification system designed to differentiate potential gunshots from other noises in the installed environment. The System consists of one (1) or more hardware devices (each a “Device”, and collectively, the “Devices”), software applications installed on supported devices, including mobile phones, tablets, and computers (“Apps”), and our cloud-based backend infrastructure, including third-party services (“Services”). Devices, Apps, and Services include all code incorporated into or comprising each of them. The System also includes each update and change to each Device, App, and Service.

The Device is designed to be installed indoors in an appropriate location and require continuous power. We recommend an uninterruptible power supply (UPS) system or other backup power supply, Wi-Fi connection of the operating quality, internet access, and other technical requirements, all as described in the System Documentation (“Dependencies”). The Device relies on the Dependencies to “listen” to sounds in the installed environment, continuously reading one (1) second of sound into the Device’s temporary memory (RAM) stored locally on the Device (the “Locally Processed Sound Data”). The Locally Processed Sound Data is not transmitted to any remote server or processed remotely, and the Company cannot hear or access the Locally Processed Sound Data.

The Device uses artificial intelligence operating within the Device itself, not remotely, to interpret and classify Locally Processed Sound Data as either including an acoustic event that is likely to be a potential gunshot (a “Detected Event”) or not including a Detected Event. If the Device does not detect a Detected Event, the Locally Processed Sound Data is deleted and the Device takes no further action. No sound data is stored in permanent memory on the Device at any time. Please see Section 7 for information regarding the Company’s use of artificial intelligence in the System.

If the Device detects a Detected Event, the Device records a few seconds of sound data (“Recorded Sound Data”) and, assuming all Dependencies are met, transmits Recorded Sound Data to an external server and to authorized users’ via the Apps. The Apps allow authorized users to enable or disable features allowing transmission of Recorded Sound Data. The Company has access to Recorded Sound Data and may use it for purposes of improving and retraining its artificial intelligence model, which is subject to the Company’s Privacy Statement (see Privacy and Data below).

You must use the System only for their intended purposes and in compliance with all instructions we provide you. You are responsible for providing all Dependencies and for how your Device and System is installed set-up (including what optional features are enabled), configured, and used or misused. You may not incorporate any portion of Apps or Services into other programs without our permission, may not compile any portion of Apps in combination with other programs, or otherwise copy, modify, create derivative works of, distribute, assign any rights to, or license our Apps or Services in whole or in part. When you use Apps and Services, you may also be using the Services of one or more third parties, such as an internet provider or wireless carrier, and such usage is subject to the applicable third parties’ fees, terms, and policies.

Upon identifying a Detected Event, the Device locally records a short audio clip and uses the Dependencies and Services to issue a notification to authorized users through the Apps and Services according to App settings. Users may include the primary user, Covered Parties, and others authorized by the primary user and willing to use the System, who could include security, employees, police, and other first responders you authorize through the App. The notification information includes the location and time of the Detected Event. Notified users may then choose to act or not to act based on the notification.

Local law enforcement authorities and other emergency services may have access to and be users of our System. Our System is designed to notify police and emergency services and other authorized users of the System of a Detected Event through the App, provided that the authorized user has properly configured and is monitoring System notifications. We are not affiliated with emergency services or law enforcement authorities or responsible for their use of the System, monitoring of System notifications, response, or failure to respond. Police, other emergency authorities, and other third parties retain discretion whether and how to use the System, and we provide no warranty that your local police and other emergency authorities will use the System or utilize it properly. You are responsible for coordinating use, monitoring, and response with your local police and other emergency authorities and other users you authorize.

The System is not a substitute for emergency services, law enforcement, or emergency response procedures and cannot prevent, stop, or respond to violent acts. Instead, the System is designed to provide situational awareness notifications to authorized users as a supplementary safety notification tool, and should be combined with other systems and means of threat detection, deterrence, notification, mitigation, and response to mitigate and defend against violent acts. If users are in immediate danger, require urgent assistance, or are experiencing or witnessing an emergency, criminal activity, or threat to personal safety, call 911 or your local emergency number immediately.

The System is designed to assist in identifying gunshot events. However, detection accuracy depends on System configuration; the acoustic environment and sound interference; installation location, condition, and characteristics; satisfaction of and compliance with all Dependencies; and other variables that we cannot control. Classification is probabilistic and false positives and missed detections may occur.

WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF DETECTION OR NOTIFICATION OF GUNSHOT EVENTS. NO REPRESENTATION OR WARRANTY IS MADE THAT THE SYSTEM WILL DETECT A GUNSHOT, THAT A DETECTED EVENT IS A GUNSHOT, OR THAT THE SYSTEM WILL NOTIFY USERS OF A GUNSHOT EVENT OR THAT ANY NOTIFICATION WILL BE TIMELY OR MITIGATE THE EVENT. The functionality of the System may be affected by factors outside of our control, including, but not limited to, internet or mobile network outages or connectively problems, power failures, server downtime, acoustic interference or other environmental factors, Device-specific limitations and settings, and user or other errors. As a result, notifications, alerts, or other features of the System may be delayed, disrupted, or missed entirely. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY IS NOT LIABLE FOR ANY CONSEQUENCES RESULTING FROM SUCH TECHNICAL ISSUES OR OTHER SYSTEM FAILURES.

2. Purchasing Devices and Subscriptions

We offer Devices for sale through our website, and may offer them for sale through third-party marketplaces and through other means such as business-to-business sales.

Each purchase of a new Device includes an initial one-year subscription to the System at no additional charge. Subscriptions must be renewed annually for an annual subscription fee. Subscriptions are specific to each Device, meaning that if you operate more than one Device you will need to renew a subscription each year for each Device. Each Device’s initial one-year subscription begins on the date on which the Device is added to a smartphone App. A few days before a Device’s subscription ends, the System will email a reminder to the primary email address associated with the Device in our records. You may renew a Device’s subscription and pay the subscription renewal fee through your smartphone App. If the Device has an active subscription at the time of renewal, one (1) additional year will be added to that Device’s existing subscription expiration date. If the Device does not have an active subscription at the time of renewal, a new one-year subscription will begin on the renewal date. Subscriptions are not transferable between Devices.

It is critical that you maintain an active subscription for EACH Device that you wish to use. Each Device requires an active subscription for it to access the System and remain functional. Failure to maintain an active subscription for a Device will result in the Device’s loss of access to the System and will disable its functionality, even if other Devices you use have active subscriptions. A Device will not detect or provide notifications of potential gunshots in such circumstances. You are responsible for maintaining an active subscription and ensuring the appropriate status of your subscription, and for all consequences of failing to do so. You agree to notify us immediately if your System is inactive, disabled, or otherwise not working and you believe that it should be. The System is designed to notify you if a Device has been disabled by displaying a red LED indicator on the Device and by emailing the primary email address associated with the Device in our records. You should contact us immediately if your Device displays a red LED indicator or is not functional when you believe that you have an active subscription.

These Terms and the Agreement apply to all means of sale and renewal. Purchase and subscription renewal details posted on our website or delivered through our Apps third-party marketplaces are part of this Agreement, provided that these Terms, our Privacy Statement , Conditions of Use, and the System Documentation govern any conflict. Third parties are not authorized to modify these Terms, our Privacy Statement, Conditions of Use, the System Documentation , or any other component of the Agreement, or to provide warranties or take other actions on our behalf.

Payment processing for purchases and subscriptions is handled by a third-party payment processor. By making a purchase or subscribing to the System, you agree to the terms and conditions of the third-party payment processor, including any applicable payment processing fees. These fees are determined by the third-party payment processor and are non-refundable. We do not control and are not responsible for the actions or omissions of any third-party payment processor, including with respect to payment processing, refunds, or disputes.

Section 4 below states our Return Policy. All sales are final and all charges, fees, and other payments amounts are nonrefundable except as otherwise provided in Section 4. Except in connection with a qualifying new Device returns under Section 4, subscriptions are noncancellable, subscription fees are nonrefundable, and subscriptions will end at the conclusion of the current term if not renewed.

3. Eligibility

You must be at least eighteen (18) years of age and legally capable of entering into a binding contract to order, access, and use the System. By using the System, you represent and warrant that you meet these eligibility requirements. The System may only be used in jurisdictions where its use is permitted and not prohibited by law.

4. Return Policy

When you purchase a Device, ownership, risk of loss, and responsibility for the Device and its related parts or accessories transfer to you as soon as we or our agents deliver them to the shipping carrier. If you need to return an item, we do not regain ownership, risk of loss, or responsibility until we approve the return and the Device has been received at our designated facility. In certain situations, we may issue a refund without requiring the item to be returned; in such cases, we do not assume ownership of the refunded product.

If you wish to return a Device or its related parts or accessories, you have thirty (30) days from the ship date of the Device to request return approval and a refund. There are no charges for Device returns within this period, other than return shipping charges for which you will be responsible. You are required to submit such returns with your order number information included. Once your return request is finalized and approved, you will receive an email from the Company detailing shipping label and packing instructions. After completing the return, you will receive a confirmation email with a tracking link to monitor your shipment. Once a returned Device or item is received, eligible refunds will be processed to the original payment source, generally within ten (10) to fifteen (15) days or any other period required by applicable law.

The Company only processes returns purchased through our website. We reserve the right to limit quantities, decline or cancel orders, and request additional information before accepting or processing returns, at our sole discretion. Our products are intended for end-user customers only.

Warranty replacement of a Device or its related parts or accessories may be entitled to a different return policy. Please see Section 10 of these Terms and contact the Company at the information provided in Section 25 of these Terms for more information regarding warranty returns and replacement.

Subscription renewals are non-returnable and non-refundable. Initial subscriptions are include with each Device, and will be cancelled upon return of the Device.

5. User Conduct and Responsibilities

Users are responsible for the proper installation, maintenance, and use of the System in accordance with the Documentation, including providing all Dependencies. The Documentation provides instructions that users must follow to permit the intended operation of the System. System operation, including detection accuracy, depends on compliance with the Documentation, but operation and successful detection and notification of a Detected Event is not guaranteed.

We highly recommend that you test the system in accordance with the Documentation regularly after installation and ensure that all authorized users receive notifications when expected. The App includes an option labeled “Test Gunshot.” When activated, it generates a notification labeled “Test.” No recorded audio is transmitted to users when this feature is used. We recommend that you confirm that all authorized users of the Device receive this Test notification. This Test notification function tests Device and System connectivity, but does not test audio capture or Event Detection accuracy.

We offer on-site test services using blank firearm charges through our Website to test audio capture and detection accuracy under real conditions. You may request such an on-site test through our website for a testing fee. Requests may be declined at the Company’s discretion, including but not limited to situations where the location is geographically impractical or for other operational reasons. We recommend regular testing, but cannot guarantee that even with all appropriate testing that a gunshot will be accurately detected and notified in any specific situation.

Users agree to use the System lawfully and ethically at all times for the sole purpose of protecting human life by notifying their authorizes users of a potential gunshot. The System is not intended for surveillance or to support vigilantism. You agree not to interfere with or disrupt the operation or integrity of the System, nor to submit any false or misleading information in an attempt to compromise the System. Users further agree to utilize the System in compliance with Company’s Conditions of Use and any other instructions provided by the Company.

6. Privacy and Data

Our Privacy Statement is a critical component of the Agreement. Please review the Privacy Statement carefully and periodically. We may update and revise the Privacy Statement from time to time, and you agree to all updates and revisions by continuing to use the System.

While the System continuously monitors the acoustic environment, the System does not store significant audio data. The Device continuously reads one (1) second of sound into the Device’s temporary memory (RAM) stored locally on the Device, which is the Locally Processed Sound Data discussed above. The Locally Processed Sound Data is not transmitted to any remote server or processed remotely, and the Company cannot hear or access the Locally Processed Sound Data. If the Device does not detect a Detected Event, the Locally Processed Sound Data is deleted. If the Device detects a Detected Event, the Device records a few seconds of sound data, which is the Recorded Sound Data discussed above, and, assuming all Dependencies are met, transmits Recorded Sound Data to an external server and to authorized users’ via the Apps. The Apps allow authorized users to enable or disable features allowing transmission of Recorded Sound Data. The Company has access to Recorded Sound Data and may use it for purposes of improving and retraining its artificial intelligence model, which is subject to the Company’s Privacy Statement (see Privacy and Data below). No sound data is stored in permanent memory on the Device at any time.

By using the System, you authorize monitoring of the acoustic environment and consent to audio recording on behalf of all persons in that environment, and represent and warrant that you have authority to do so. You are responsible for obtaining required consent and providing notice to third parties relating to recording or sharing through the System. You may not use the System in a jurisdiction that prohibits the monitoring of the acoustic environment or recording of audio in the manner described above. You are solely responsible for compliance with applicable law, including all recording, sharing, eavesdropping, and privacy laws, whether in private or public spaces (as applicable), as well as individual rights. We are not responsible for violation of any law or right.

The System collects and transmits data, including Recorded Sound Data, geolocation data, and event data from the installed environment through the App. By using the System, you consent to our collection and use of data in accordance with the Privacy Statement , including geolocation data, on behalf of all persons in the installation environment, and represent and warrant that you have authority to do so. We are not responsible for violations of privacy or other laws or rights as a result of your use of the System or failure to obtain any required consents.

We may retain or dispose of data we collect at any time. We have no obligation to provide data to you or to retain it for any period, including after the term.

7. Artificial Intelligence and Transparency Disclosure

The Device does not use generative artificial intelligence. Any artificial intelligence used in the system is limited to automated classification of acoustic signals for the purpose of identifying sounds that may be consistent with gunshots and other Detected Events. The System does not generate content, make predictions about individuals, perform profiling, or engage in automated decision-making that produces significant effects. The classification model within the System is trained using a custom dataset of recorded gunshot sounds and non-gunshot sounds obtained from custom recording and publicly available online sources and Recorded Sound Data, and operates using fixed parameters after deployment. The System does not generate content, does not learn from user data after deployment, and does not modify its behavior, except through controlled retraining and firmware updates provided by the Company. All alerts generated by the system are informational only, and any response or action remains solely the responsibility of the user, appropriate law enforcement, or emergency response authorities.

8. Updates and Remote Commands

The System is designed to support ongoing enhancements and maintenance through over-the-air firmware updates, remote diagnostic, and control commands. These capabilities allow us to deliver security patches, feature improvements, and other updates directly to your Device, helping to ensure optimal performance and continued protection. Security and feature updates may be deployed remotely to address vulnerabilities, improve detection accuracy, and add or refine functionality as technology and user needs evolve.

By using the System, you acknowledge and consent to the receipt of remote updates and System commands. These updates and commands are essential for maintaining the integrity, reliability, and security of the System. You agree that we may, at our discretion and without prior notice, implement such updates and commands to your Device. You further understand that remote updates may be necessary to comply with legal requirements, industry standards, or Company policies, and that declining or disabling such updates may impair the System’s operation, security, and capabilities.

Users are responsible for ensuring that their Devices remain connected and accessible for remote updates and commands. The Company is not liable for any interruption or limitation of service resulting from a user’s failure to maintain connectivity or to permit required updates. Continued use of the System constitutes your acceptance of all remote updates, commands, and modifications as described in these Terms and any related System Documentation.

9. Intellectual Property; License

All intellectual property rights, including, copyrights; patents, patent disclosures, and inventions (whether patentable or not); trademarks and service marks; trade secrets; know-how and other confidential information; trade dress; trade names; logos; corporate names; and domain names, together with all of the goodwill associated therewith, derivative works, and all other rights, in and to the System and each component within it (collectively, “Intellectual Property Rights”) are owned exclusively by the Company. We own all feedback and suggestions provided by you. All trademarks or trade dress not owned by the Company that appear in the System are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. All rights not expressly granted to you in this Agreement are reserved and retained by the Company or its licensors, suppliers, publishers, rightsholders, or other content providers. You assign any right or interest you have in our Intellectual Property Rights to us, agree to execute any documentation we believe is helpful to memorialize or perfect our Intellectual Property Rights, and appoint us as your attorney-in-fact to execute any such documentation on your behalf that you refuse or fail to execute promptly upon request.

We grant our authorized users a limited license to use our Intellectual Property Rights in the Devices, Apps, and Services free of additional charge and on a non-exclusive, worldwide, non-transferable, non-sublicensable, and revocable basis to the extent necessary to enable authorized use of the System for its intended purpose only in accordance with and subject to the Agreement during the term of your subscription. This license does not include any right to resell, sublicense, or otherwise transfer the System or any component of it or to otherwise make the System or any component of it available for third parties. This license is revocable at any time, with or without notice. If you are a United States government end-user, we are licensing the System and its software to you as a “Commercial Product” as that term is defined in the United States Code of Federal Regulations (48 C.F.R. § 2.101), and the rights we grant you to such products are the same as the rights we grant to all others under this Agreement.

This license expires and terminates at the termination or expiration of your subscription or this Agreement, and is suspended during any period during which your subscription or any right to use the System is suspended. You agree not to use our Intellectual Property Rights for any other purpose, and that you will not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the System, whether in whole or in part, or otherwise seek to discover our Intellectual Property Rights.

10. Limited Hardware Warranty

Company provides a limited warranty to the original retailer purchaser of a Device or its related parts or accessories purchased directly through Company. This limited hardware warranty only applies to the Device, and we provide no warranty with respect any other component of the System. We warrant that the hardware components of the Device will be free from manufacturing defects and hardware failure under normal indoor use for one (1) year from the date of original retail purchase (the “Warranty Period”). If a covered defect arises during the Warranty Period and you follow our warranty service procedures, we will, at our discretion and as permitted by applicable law:

Repair the Device using new or reconditioned parts;
Replace the Device with a new or refurbished product of the same or comparable model; or
Refund the purchase price, in whole or in part.

Any repaired or replaced Device will be covered for the remainder of the original Warranty Period or ninety (90) days from the date of service, whichever is longer.

This limited warranty does not apply to damage or failure of the Device or its related parts or accessories resulting from:

Accidents, misuse, abuse, or neglect;
Detection accuracy or inaccuracy, including limitations or interference caused by environmental noise or lack thereof;
Missed or delayed notifications;
Unauthorized modification or repair;
Improper installation or absence of any Dependency;
Use of non-approved parts or accessories;
External causes such as fire, flood, network outages, or power irregularities;
Normal wear and cosmetic damage that does not affect functionality; or
Any event or condition that is not within our control.

THIS LIMITED WARRANTY DOES NOT APPLY TO THE SYSTEM, APPS, OR SERVICES, OR THEIR RELATED SOFTWARE – IT APPLIES ONLY TO DEVICES.

To request warranty service for a Device, contact us using the information provided in Section 25 of these Terms. You may be required to ship the Device to a designated service location using protective packaging. For the avoidance of doubt, we are not responsible for loss of data stored on the Device that may occur during inspection, repair, or replacement.

THIS WARRANTY IS A LIMITED WARRANTY. THE DEVICES ARE OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT FOR THE WARRANTIES SET FORTH IN THIS SECTION 10, TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY MAKES NO WARRANTIES WHATSOEVER WITH RESPECT TO THE DEVICE OR THE SYSTEM, APPS, SERVICES, OR THEIR RELATED SOFTWARE, 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. WHERE SUCH WARRANTIES CANNOT BE DISCLAIMED, THEY ARE LIMITED IN DURATION TO A ONE (1) YEAR TERM.

You may also have additional rights under the law of the jurisdiction of use. Nothing in this Section 10 limits or waives any rights that cannot be limited or waived under applicable law, and this Limited Warranty is deemed to be amended to the extent required to comply with applicable law in the jurisdiction of use.

11. 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 direct, indirect, incidental, special, consequential, or punitive damages or lost profits arising from or related to:

This Agreement;
Your use or inability to use the System;
Failure of the Device to detect an actual gunshot (e.g., false negative);
False alerts (e.g., false positive);
Delays in alerts due to network or system errors with the System or for any other reason;
Actions taken based on information found on or related to the System or Device notifications;
Any injury, harm, or death suffered by any user or third party, including, but not limited to, injuries resulting from active shooter events, gunshots, or any other Detected Event or undetected event, regardless of whether the System or Device provided an alert, failed to provide an alert, or provided an inaccurate alert; or
Any claims, demands, or actions brought by users, individuals injured in connection with any Detected Event or undetected events, or any other third parties, whether such claims allege negligence, product liability, failure to warn, or any other legal theory.

Moreover, to the maximum extent permitted by applicable law, the Company expressly disclaims any and all liability for claims, damages, or losses brought by any third party, including, but not limited to, those arising from or related to injury, harm, or death resulting from an active shooter event, gunshot, other Detected Event or undetected event, or other emergency, regardless of whether the System or Device detected, failed to detect, or incorrectly detected any such event. You agree to indemnify and hold harmless the Company from and against any such third-party claims.

IN NO EVENT WILL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE BY ANY OTHER PARTY, EXCEED THE TOTAL OF THE AMOUNTS PAID BY YOU TO THE COMPANY FOR YOUR DEVICES IN SERVICE DURING THE SUBSCRIPTION PERIOD FOR WHICH THE RELEVANT CLAIM IS MADE PLUS YOUR SUBSCRIPTION FEE FOR THE SUBSCRIPTION PERIOD FOR WHICH THE RELEVANT CLAIM IS MADE. THIS LIMITATION IS CUMULATIVE ACROSS ALL SUBSCRIPTION PERIODS AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. TO THE EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL LIABILITY OF ANY KIND RELATING TO THIRD-PARTY SERVICES, AS WELL AS ALL OTHER NON-COMPANY OFFERINGS AND THIRD-PARTY RETAILERS, RESELLERS, OR DISTRIBUTORS OF DEVICES, THE SYSTEM, AND RELATED PRODUCTS OR SERVICES.

These Terms and the Agreement are made solely for the benefit of you, as the authorized user, and the Company. No other person or entity, including, but not limited to, guests, visitors, or any person injured or otherwise affected by a Detected Event or undetected event by the System or Device, will be considered a third-party beneficiary of these Terms or have any rights to enforce any term of the Agreement.

You may also have additional rights under the law of the jurisdiction of use. Nothing in this Section 11 limits or waives any rights that cannot be limited or waived under applicable law, and this Section 11 is deemed to be amended to the extent required to comply with applicable law in the jurisdiction of use.

12. Taxes

Device charges, subscription fees, and other fees and charges may be subject to tax. Sales and use taxes, as required by applicable law, will be applied and collected at checkout in jurisdictions where Company or its sellers are required to or choose to do so. Company has no obligation to collect taxes in jurisdiction in which it is not required to do so. You are responsible for any taxes or duties that may apply in your jurisdiction, and agree to indemnify Company for the same.

13. Force Majeure

We will not be liable for any failure to perform, or delay in performing, any obligations under the Agreement due to causes beyond our reasonable control. Such causes include, but are not limited to:

Internet or telecommunications failures;
Power outages or infrastructure disruptions;
Failures of third-party service providers (e.g., cloud services, data providers, etc.);
Environmental or acoustic interference impacting Device performance;
Acts of God (e.g., earthquakes, floods, wildfires);
War, terrorism, riots, or civil disturbances;
Governmental actions or regulations;
Epidemics, pandemics, or other public health emergencies; or
Labor disputes or strikes.

These events may impact the availability, functionality, or accuracy of the System, including the delivery of real-time notifications and incident reports. You acknowledge that the Company is not liable for any consequences arising from such delays or failures.

14. 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 legal fees) arising from:

Your use or misuse of the System;
Covered Parties’ use or misuse of the System;
Your, Covered Parties’ or any user’s violation of the Agreement;
Any taxes or duties in respect of the Agreement, other than Company’s income taxes.

15. Termination

Your Device’s access to the System and its functionality will end upon the end of your subscription term without renewal. In addition, we may suspend or terminate your and your Device’s subscription access to the System for violations of the Agreement; engaging in fraudulent, abusive, or harmful behavior; or for legal compliance, security concerns, or similar concerns. Except for returns in accordance with our Return Policy, Device charges, subscription fees, payment processing fees, and other payments are non-refundable.

Your rights and our obligations under the Agreement terminate upon termination of your subscription, except for your privacy rights under Section 6 and our Privacy Policy. Our rights under the Agreement survive termination, including without limitation the right to be paid amounts you owe us and our rights under Sections 9, 11, 12, and 14 through 23 of these Terms.

16. Waiver

No waiver by us of any of the provisions of the Agreement is effective unless explicitly set forth in writing and signed by an authorized representative of the Company. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from the Agreement operates or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

17. Severability

If any term or provision of the Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

18. Governing Law

These Terms are governed by the laws of the state of Michigan, without regard to conflict of law principles

19. Dispute Resolution and ARBITRATION

PLEASE READ THIS SECTION 19 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 Terms, the Agreement, your use of the System, or your relationship with the Company 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. All disputes will be resolved exclusively in accordance with this Section 19 with arbitration occurring only in Detroit, Michigan.

Before starting arbitration, you must first send a written notice of the dispute to the Company and allow a sixty (60)-day period for both sides to attempt to resolve the dispute in good faith. If requested, both parties agree to participate in a settlement conference, which may be conducted by telephone conference, video conference, or in person, as mutually agreed between the parties. Any applicable statute of limitations will be paused during this negotiation period.

If the dispute is not resolved within sixty (60) days, either party may initiate arbitration. The arbitrator will have authority to award any remedy available in court, including injunctive or equitable relief, as necessary for the individual claim, which may be enforced through any court of competent jurisdiction. The arbitrator will also decide all issues relating to the interpretation, applicability, or enforceability of these Terms or the Agreement to arbitrate.

To the fullest extent permitted by law, all arbitration proceedings must be conducted only on an individual basis and not as a class, collective, or representative action. BOTH YOU AND THE COMPANY WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS. If any claim cannot be arbitrated due to applicable law, that claim may be brought in court, but all other claims will remain subject to arbitration.

20. Assignment

You may not assign the Agreement, by operation of law or otherwise, without our prior written consent. You agree that we may assign and delegate our rights and obligations under the Agreement without limitation, including that we may engage third parties to provide services related to the Devices and System on our behalf without notice or obligation to you. Subject to the foregoing, the Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and permitted assigns. We may perform any of our obligations or exercise any of our rights under the Agreement through one (1) or more of third-party service providers, our affiliates, or our subcontractors.

21. Notice

We may provide notice to you under the Agreement by email or by physical mail to the last known email or physical address in our records or through the App. You consent to such communications, with delivery deemed to occur when sent. You may change your addresses and certain other information through the System. You must send all notices and other communications relating to us to the addresses provided in Section 25 herein.

22. Interpretation

Throughout the Agreement, 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”.

23. Entire Agreement

These Terms, together with our Privacy Statement, System Documentation, Conditions of Use, and your subscription order, comprise and represent the entire agreement between the parties with respect to the Devices, Apps, Services, System, and related subject matter. The Agreement supersedes any previous or contemporaneous oral or written agreements and understandings between the parties.

24. Changes to These Terms

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

24. Contact Information

If you have questions about these Terms or wish to contact us, please reach out to:

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