This Monitoring Services Agreement (the “Agreement”) is made between Tattletale Portable Alarm Systems (the “Company”) and the undersigned Alarm Customer (the “Customer”). By signing this Agreement, the Customer agrees to the following terms:

1. Services Provided

The Company agrees to provide the TattleTale Portable Alarm System (“Tattletale Alarm System”) and monitoring services. Only individuals 18 years of age and older are permitted to subscribe for the Services and register for an Account.

Upon receiving alarm signals from the Customer’s Tattle Tale Alarm system, the Company will make reasonable efforts to promptly notify the appropriate authorities, such as police, fire, or emergency services (“emergency services”), unless there is reasonable cause to believe no emergency exists (e.g., due to power outages or weather conditions).

1.1 Monitoring Company

• The Company reserves the right to change the Monitoring Company providing services under this Agreement.
• The Monitoring Company will make reasonable efforts to contact the appropriate emergency services and individuals listed on the notification list provided by the Customer.
• If the Monitoring Company reasonably determines that no emergency exists, it reserves the right to refrain from making such calls. Any signals deemed non-emergent will be handled according to the Monitoring Company’s standard operating procedures.

1.2 Term of Service

The initial term of this Agreement begins for one year upon activation and continues until terminated by either party as outlined below:

Customer Termination: The Customer may terminate this Agreement for any reason provided notices are sent as set forth in this section and the confirmation of legitimacy of the request by the Company. Customer shall provide notice of termination to the Company by:

• Regular mail, postage prepaid, or overnight delivery, by a reputable, national overnight delivery service, to the Company’s current principal place of business;
• Calling the Company’s Customer Support at 614-540-7233 or 1-888-Tell-On-U and following the instructions provided; or
• Email at [email protected].

2. Termination by the Company or Monitoring Company

• The Company or Monitoring Company may terminate the monitoring services at any time due to non-payment, misuse of the Alarm System, failure to maintain system functionality, breach of Agreement terms, or if local authorities refuse to respond to alarms from the Customer’s premises due to false alarms or other issues via the email on file with the Company.
• In any case of suspension or cancellation, the Customer is still responsible for paying any outstanding charges incurred up until the cancellation date.

3. Effect of Termination

• Upon termination, all obligations to provide monitoring services cease.
• The Customer must pay any outstanding fees through the termination date and may need to allow access to the premises for the removal or disconnection of equipment associated with the monitoring service.

4. Payment of Services

• The Customer will pay the Company in advance for the service charges, which will be billed monthly, quarterly, semi-annually or annually. You authorize the Company to charge their credit or debit card when payments are due. If a payment is declined, the Company will reach out for an alternate form of payment.
• The Company will continue to provide Emergency Dispatch Services for 10 days; services may be discontinued if payment isn’t received by the end of this grace period.

If any payment remains unpaid, the Company reserves the right to charge the Customer’s credit or debit card at a later time, as permitted by law, to settle overdue amounts. Non-payment may also result in the termination of your service without further notice. Please note that fees related to the payment method (e.g., overdraft fees) are your responsibility and are not refundable by the Company.

5. Keeping Your Account Updated

If your payment method changes, we may automatically receive updates from your bank to keep your information current. You can also update your payment details anytime in the Alarm Payment Portal or by contacting us directly.

6. Tattletale 3-Year Platinum Program Terms

By electing to sign up for the Tattletale 3-Year Platinum Program, the Customer receives the following benefits: a 3-year warranty on equipment, a 3-year Annual Monitoring rate lock at the current rate, free ground shipping and handling with tattle tale signs, and sensor discounts, including: $150 off the first outdoor sensor, $50 off the first indoor sensor, 20% off all additional sensors. Should the Customer terminate this agreement prior to the end of the 3-year term, the Customer agrees to pay a cancellation fee, which includes the total value of the discounts received (including but not limited to sensor discounts) and a $250 fee for the 3-Year Annual Monitoring rate lock.

2. Customer Responsibilities

As the Customer, you agree to the following:

1. Installation Disclaimer

• You must register for an account (“Account”) and provide certain information about yourself as prompted by the Activation Form. All information related to your Account is subject to the terms of this Agreement and the Tattletale Privacy Policy. You are fully responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to use “strong” passwords with your Account, and to maintain your password securely. You must immediately notify the Company of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. The Company is not liable for any loss or damage arising from your failure to comply with the above requirements.
• You are responsible for the installation, placement, and connection of the Tattletale Alarm System. Upon purchase of the system, account creation and activation, the Company may contact you by phone, email, or text to assist you if you need help setting up your System.

2. System Maintenance

• You must maintain the Alarm System in good working condition, including weekly testing, activating all sirens, ensuring adequate cellular signal strength, and replacing batteries as needed.
• If additional repairs are required, notify the Company in writing immediately.

3. Weekly Test Signal

• Once a week, send a test signal to the Central Monitoring Station (CMS) to ensure proper communication.

4. No Tampering or Alterations

• You agree not to tamper with or damage the Alarm System and not to add components without prior written approval from the Company.

5. Use Near Blasting Devices

• Do not use the Alarm System near blasting devices or other hazardous equipment unless confirmed safe.
• The Company is not liable for any damages or injuries resulting from improper use.

6. Access to Premises

• You agree to allow the Company or its agents reasonable access to your premises for testing, maintenance, or termination of services when necessary.

7. Authorization to Act

• You authorize the Company to act on your behalf to provide the Monitoring Company with any instructions regarding your Tattletale Alarm System.

8. False Alarm Fines and Permits

• You are responsible for paying any fines or penalties resulting from false alarms.
• You must also obtain, pay for, and maintain any required permits for the Tattletale Alarm System.

9. Account Information Updates

• Keep all account information current and notify the Company in writing of any changes to your contact details or other account-related information.

10. Respectful Treatment of Personnel

• You agree to treat the Company’s personnel with respect at all times.
• Any form of verbal abuse or inappropriate behavior toward the Company’s employees may result in immediate termination of services.

3. Limitation of Liability

3.1 Understanding Your Responsibilities

• The Customer acknowledges that the Company, along with its agents, employees, and contractors, is not an insurer. The Company’s service charges are solely based on the value of services provided and not insurance premiums, and are not related to the value of the property located on or near the premises.
• This Agreement is focused on providing monitoring services and does not guarantee protection against risks such as property damage, personal injury, loss, or death.
• The Customer is responsible for obtaining appropriate insurance coverage from an insurance company solely at your cost and expense, covering all these potential risks. All loss, damage, or expense (collectively, “Losses”), including property damage, personal injury (including death), economic losses, or any other form of loss, damage, or expense, arising out of or in connection with, due to, or caused in whole or in part by this Agreement, including any breach of representation, warranty, covenant, or obligation hereunder; the System; the Services (including third-party products and services); any active or passive, sole, joint, or several negligence of any degree by you or any Company Party; the improper operation or non-operation of the System; breach of contract, express or implied, whether occurring before or after signing this Agreement; breach of warranty, express or implied; product or strict liability; loss, damage to, or malfunction of facilities necessary to operate the System, transmit signals, or receive signals at any monitoring facility; claims for subrogation, indemnification, or contribution; violations of any applicable consumer protection law or any other theory of liability or alleged fault on the part of any Company Party; violations of laws prohibiting the interception of oral communications by electronic means; actions of any third party in response to a signal from the System; or any unauthorized access, use, or disclosure of your personal information (collectively, the “Covered Claims”) shall be limited to the insurance you purchase separately from an insurance company, if any.

3.2 Limitations of Liability and Release

• The Company is not liable for any harm or loss to the Customer or others at the premises where the Tattletale Alarm System is installed, including business or personal loss, theft of property, property damage, personal injury, or death.
• By agreeing to these terms, you are releasing the Company, its affiliates, directors, officers, shareholders, employees, subcontractors, agents, and representatives (collectively, the “Company Parties”), along with any providers of third-party products and services, on your behalf and on behalf of all others who may make claims under this Agreement, from all liability arising out of or in connection with, due to, or caused in whole or in part by any Covered Claim, as defined in Section 4. Under no circumstances will the Company be responsible or liable to you for consequential or incidental damages, including without limitation, damages for personal injury, death, or property damage. Notwithstanding the foregoing, even if any Company Party is found liable for any losses, as defined in Section 3, arising out of or in connection with, due to, or caused in whole or in part by any Covered Claim, such liability shall be limited to a maximum sum of $1,000.00. This limitation is cumulative and will not be increased by the existence of more than one incident or claim. The Company disclaims all liability of any kind for its licensors and suppliers. The Company and you acknowledge and agree it is impractical and extremely difficult to determine the actual damages, if any, that may result from a failure by the Company to perform any of its obligations. This agreed-upon amount is not a penalty and is the sole remedy.

3.6 Indemnification

• The Customer agrees to indemnify and hold harmless the Company and its officers, directors, employees, and agents from any claims or liabilities arising from hazards connected to this Agreement, including fines for false alarms, property damage, or personal injury, regardless of whether the claim arises from the Company’s negligence.
• The Customer also agrees to indemnify the Company against any claims for subrogation brought by any insurer, including all associated damages and attorney fees.
• The Customer agrees to notify their insurance company of this release.

3.7 Disclaimer of Warranties

• The Customer acknowledges that the Tattletale Alarm System may not always operate as intended and that the Company does not guarantee its effectiveness.
• The Services are provided for your convenience, “as is” and “as available,” and the Company, along with its licensors and suppliers, expressly disclaims any warranties and conditions of any kind, whether express or implied, including warranties or conditions of merchantability, fitness for a particular purpose, accuracy, and non-infringement.

3.8 Third-Party Response

• The Company does not control the response times of fire departments, police departments, or other emergency services.
• The Customer understands that these responders may not act in a timely manner, and the Company is not liable for any resulting losses.
• If anyone other than you (including your insurance company) asks any Company Party to pay for any losses, as defined in Section 3, including attorneys’ fees, arising out of or in connection with, due to, or caused in whole or in part by any Covered Claim, as defined in Section 3, including the active or passive, sole, joint, or several negligence of any kind or degree by you or any Company Party, you shall indemnify, defend, and hold such Company Party harmless (without any requirement that any of them first pay) for all losses, as defined in Section 3, including attorneys’ fees, asserted against or incurred by such Company Party. The foregoing indemnification obligations may not be enforceable in some states, so such obligations may not apply to you.

3.9 System Limitations

• The Customer understands that the Alarm System is intended as a deterrent and may not prevent all loss or damage.
• Alarm signals may fail due to circumstances beyond the Company’s control.

4. Additional Provisions

4.1 Force Majeure

• The Company shall not be responsible for delays or failures to perform due to events beyond its control, including but not limited to acts of God, natural disasters, labor strikes, power outages or disruptions in cellular services.

4.2 Assignment and Transfer

• This Agreement is not transferable by the Customer without the Company’s prior written consent.
• The Company may assign this Agreement to another qualified entity without the Customer’s consent.

4.3 Binding Agreement

• This Agreement represents the entire understanding between the parties regarding the provision of monitoring services and supersedes any prior agreements and shall be binding only after the commencement of any Services. This Agreement is binding on the parties’ heirs, executors, administrators, successors and permitted assigns.
• This Agreement shall be governed by and construed according to the laws of Ohio without reference to its conflicts of law rules.

By purchasing services and clicking ‘I Agree’ below, you acknowledge that you have read and fully understand the terms and conditions outlined above in the User Agreement, and hereby consent to their application and policies.