Limitation of Liability Clause

Limitation of Liability Clause

1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PERIMETEREYE, ITS AFFILIATES, OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE PRODUCTS, SERVICES, SOFTWARE, MOBILE APPLICATIONS, CLOUD PLATFORM, AI ANALYTICS, INSTALLATION SERVICES, OR CUSTOMER’S USE OR INABILITY TO USE THE SYSTEM, INCLUDING BUT NOT LIMITED TO:

LOSS OF PROFITS

LOSS OF BUSINESS OPPORTUNITIES

LOSS OF DATA

LOSS OF VIDEO RECORDINGS

PROPERTY DAMAGE

PERSONAL INJURY

BUSINESS INTERRUPTION

LOSS OF GOODWILL

THEFT, BURGLARY, TRESPASS, VANDALISM, OR OTHER CRIMINAL ACTIVITY

FAILURE TO DETECT OR PREVENT INCIDENTS

FALSE ALARMS OR FALSE NEGATIVES

DELAYED ALERTS OR NOTIFICATIONS

EVEN IF PERIMETEREYE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

2. Aggregate Liability Cap

IN NO EVENT SHALL PERIMETEREYE’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THE AGREEMENT, PRODUCTS, SERVICES, OR SYSTEM EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CUSTOMER TO PERIMETEREYE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

IF THE CLAIM RELATES SOLELY TO PURCHASED EQUIPMENT AND NO SUBSCRIPTION SERVICES, LIABILITY SHALL NOT EXCEED THE ACTUAL PURCHASE PRICE OF THE SPECIFIC AFFECTED PRODUCT.

3. No Guarantee / Assistive Technology Disclaimer

CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SYSTEM IS AN ASSISTIVE SECURITY AND MONITORING TOOL ONLY AND IS NOT GUARANTEED TO:

PREVENT CRIME

PREVENT PROPERTY DAMAGE

DETECT EVERY THREAT, PERSON, VEHICLE, OR INCIDENT

PROVIDE ACCURATE AI ANALYSIS AT ALL TIMES

OPERATE WITHOUT INTERRUPTION

CONTACT EMERGENCY SERVICES

PREVENT INJURY OR DEATH

FUNCTION DURING INTERNET, CLOUD, NETWORK, OR POWER FAILURES

CUSTOMER UNDERSTANDS THAT AI-BASED DETECTION, VIDEO ANALYTICS, THREAT CLASSIFICATION, AND AUTOMATED RESPONSES MAY PRODUCE FALSE POSITIVES, FALSE NEGATIVES, MISCLASSIFICATIONS, OR DELAYED RESULTS.

4. Customer Assumption of Risk

CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH THE USE, MISUSE, INSTALLATION, FAILURE, OR UNAVAILABILITY OF THE SYSTEM.

CUSTOMER UNDERSTANDS THAT SECURITY SYSTEMS MAY FAIL TO DETECT, DETER, OR RECORD INCIDENTS DUE TO FACTORS INCLUDING BUT NOT LIMITED TO:

HARDWARE FAILURE

CAMERA OBSTRUCTION

WEATHER CONDITIONS

NETWORK LATENCY

INTERNET OUTAGES

POWER FAILURES

THIRD-PARTY SERVICE INTERRUPTIONS

SOFTWARE BUGS

AI MODEL LIMITATIONS

USER MISCONFIGURATION

UNAUTHORIZED ACCESS

ENVIRONMENTAL CONDITIONS

5. Indemnification

CUSTOMER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS PERIMETEREYE, ITS AFFILIATES, OWNERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, DAMAGES, LOSSES, LIABILITIES, JUDGMENTS, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO:

CUSTOMER’S USE OR MISUSE OF THE SYSTEM

VIOLATION OF APPLICABLE LAW

ILLEGAL OR UNAUTHORIZED SURVEILLANCE

CUSTOMER NEGLIGENCE OR MISCONDUCT

VIOLATION OF PRIVACY RIGHTS

THIRD-PARTY CLAIMS RELATED TO RECORDED AUDIO OR VIDEO

CUSTOMER-PROVIDED NETWORKS OR INFRASTRUCTURE

MODIFICATION OR TAMPERING WITH THE SYSTEM

BREACH OF THE AGREEMENT

6. Third-Party Service and Hardware Limitations

PERIMETEREYE SHALL NOT BE LIABLE FOR THE ACTS, OMISSIONS, FAILURES, OR DOWNTIME OF THIRD-PARTY PROVIDERS, INCLUDING BUT NOT LIMITED TO:

INTERNET SERVICE PROVIDERS

CLOUD HOSTING PROVIDERS

CELLULAR NETWORKS

POWER UTILITIES

THIRD-PARTY CAMERA MANUFACTURERS

PAYMENT PROCESSORS

AI MODEL PROVIDERS

EMERGENCY RESPONSE SERVICES

LAW ENFORCEMENT AGENCIES

CUSTOMER ACKNOWLEDGES THAT THIRD-PARTY COMPONENT FAILURES MAY IMPACT SYSTEM PERFORMANCE.

7. Exclusive Remedy

CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE PRODUCTS OR SERVICES SHALL BE:

REPAIR OF THE AFFECTED PRODUCT,

REPLACEMENT OF THE AFFECTED PRODUCT,

OR REFUND OF THE AMOUNT ACTUALLY PAID FOR THE AFFECTED PRODUCT OR SERVICE,

AT PERIMETEREYE’S SOLE DISCRETION.

8. Limitation Period for Claims

ANY CLAIM, ACTION, OR PROCEEDING ARISING OUT OF OR RELATING TO THE PRODUCTS, SERVICES, OR AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM OCCURRED, OR SUCH CLAIM SHALL BE PERMANENTLY BARRED.

9. Customer Insurance Responsibility

CUSTOMER ACKNOWLEDGES THAT THE FEES PAID TO PERIMETEREYE ARE BASED SOLELY ON THE VALUE OF THE PRODUCTS AND SERVICES PROVIDED AND ARE UNRELATED TO THE VALUE OF CUSTOMER’S PROPERTY OR POTENTIAL LOSSES.

CUSTOMER AGREES TO MAINTAIN APPROPRIATE PROPERTY, LIABILITY, BUSINESS INTERRUPTION, AND OTHER INSURANCE COVERAGE SUFFICIENT TO PROTECT AGAINST RISKS OF LOSS, DAMAGE, INJURY, OR LIABILITY.

PERIMETEREYE IS NOT AN INSURER AND DOES NOT PROVIDE INSURANCE COVERAGE OF ANY KIND.

10. Force Majeure

PERIMETEREYE SHALL NOT BE LIABLE FOR ANY FAILURE, INTERRUPTION, DELAY, OR DAMAGES CAUSED BY EVENTS BEYOND ITS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO:

NATURAL DISASTERS

FLOODS

FIRES

WAR

TERRORISM

CIVIL UNREST

GOVERNMENT ACTIONS

INTERNET OR TELECOMMUNICATION FAILURES

CLOUD SERVICE OUTAGES

POWER FAILURES

LABOR SHORTAGES

SUPPLY CHAIN DISRUPTIONS

CYBERATTACKS

PANDEMICS

ACTS OF GOD

11. Waiver of Class Actions and Multiple Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUSTOMER AGREES THAT CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

CUSTOMER WAIVES ANY RIGHT TO RECOVER PUNITIVE, EXEMPLARY, TREBLE, OR MULTIPLIED DAMAGES.

12. Survival

THESE LIMITATIONS OF LIABILITY SHALL SURVIVE TERMINATION, CANCELLATION, EXPIRATION, OR SUSPENSION OF THE AGREEMENT OR SERVICES.