Seismocon Master Terms of Service

 

Version 2.4  

Effective date: September 9, 2026  
Last updated: September 9, 2026

These Master Terms of Service (the “Master Terms”) are a legally binding agreement between Seismocon Systems, Inc., a Delaware corporation (“Seismocon,” “we,” “us,” or “our”), and the person or entity that accesses or uses the Services (“you” or “your”). They govern Seismocon websites, mobile applications, cloud platforms, monitoring units, sensors, firmware, software, dashboards, accounts, alerts, notifications, reports, APIs, support, subscriptions, and related products and services (collectively, the “Services”).

IMPORTANT: THESE MASTER TERMS CONTAIN AN INDIVIDUAL ARBITRATION AGREEMENT, A JURY-TRIAL WAIVER, AND A CLASS-, COLLECTIVE-, CONSOLIDATED-, AND REPRESENTATIVE-ACTION WAIVER. SECTION 27 EXPLAINS THESE TERMS AND HOW AN INDIVIDUAL CONSUMER MAY OPT OUT OF ARBITRATION.

Definitions
“Services” means all Seismocon products and services described above. “Monitoring Unit” means Seismocon-branded or supported monitoring hardware and its embedded software. “Output” means any alert, notification, recording, report, score, classification, probability, analysis, interpretation, recommendation, display, or other result produced through the Services. “Report” means a generated document or digital assessment. “User Content” means information or content submitted by or for a user. “Third-Party Information” means data, software, methodologies, services, records, or content supplied by a source other than Seismocon. “Consumer” means an individual acting primarily for personal, family, or household purposes. “Business Customer” means a person or entity acting for commercial or professional purposes. “Government Customer” means a governmental body or public agency. “Authority Having Jurisdiction” or “AHJ” means the public authority responsible for the applicable official determination. “Protected Seismocon Parties” means Seismocon and its present and former affiliates, officers, directors, employees, contractors, consultants, agents, representatives, licensors, successors, and assigns.

 

1. Acceptance and authority
You accept these Master Terms by creating an account, checking an acceptance box, clicking an acceptance button, purchasing a product or Service, activating or registering a Monitoring Unit, generating a report, or otherwise using a Service after being presented with these Master Terms. Merely visiting a public webpage does not, by itself, constitute acceptance of provisions that require affirmative agreement.

 

If you use the Services for a company, organization, public agency, government body, property owner, or other entity, you represent that you have authority to bind that entity. If you lack that authority, you may use the Services only in your individual capacity and may not accept these Master Terms for the entity.

If you do not agree to these Master Terms, do not create an account, purchase, activate, or use the Services.

2. Agreement structure and order of precedence

These Master Terms govern all Services unless Seismocon and you have signed a separate written agreement.

The following documents are incorporated when applicable:

- the Seismocon Privacy Policy;

- the Application and Website Terms and Privacy Notice presented during registration, purchase, upgrade, or applicable use;

- the Report Terms, Conditions and Limitations;
- an order form, statement of work, subscription agreement, purchase order accepted by Seismocon, hardware warranty, pilot agreement, or service-specific terms; and
- any written enterprise or government agreement signed by authorized representatives of both parties.

Service-specific terms supplement these Master Terms and control only for the applicable Service or subject matter. If a signed enterprise, government, subscription, order-form, pilot, or other written agreement expressly conflicts with these Master Terms, the signed agreement controls that conflict. All nonconflicting provisions remain effective. The Privacy Policy governs processing of personal information and does not alter contractual liability allocations except where applicable law requires otherwise. The Application and Website Terms and Privacy Notice is a concise, layered notice that supplements—and does not replace—these Master Terms or the Privacy Policy. Required contractual acceptance must remain separate from optional privacy consent.

No proposal, purchase order, portal term, procurement condition, email, or other customer document modifies these Master Terms unless Seismocon expressly accepts the modification in a writing signed by an authorized Seismocon representative.

 

3. Eligibility and consumer rights

You must be legally capable of entering a binding agreement. The Services are not directed to children under 13. A person under the age of legal majority may use the Services only with authorization and supervision from a parent or legal guardian where permitted by law.
Nothing in these Master Terms limits nonwaivable consumer rights or remedies. If a provision conflicts with mandatory law applicable to you, that law controls only to the extent of the conflict.

4. Accounts and credentials

You must provide accurate, current, and complete account information. You are responsible for protecting credentials, access codes, recovery methods, and devices used to access your account. You must promptly notify Seismocon at legal@seismocon.com of suspected unauthorized access or account compromise.

You are responsible for activity performed through your account unless caused by Seismocon’s breach of a duty that applicable law does not permit Seismocon to disclaim. You may not share credentials except through an authorized organizational account function.

 

5. License and permitted use​

Subject to these Master Terms and payment of applicable charges, Seismocon grants you a limited, revocable, nonexclusive, nontransferable, nonsublicensable license to use the Services for their documented purpose. You may use reports and other Outputs as permitted by Section 14 and applicable service-specific terms.

No sale of a Monitoring Unit transfers ownership of Seismocon software, firmware, algorithms, documentation, models, or intellectual property embedded in or used with the unit.

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5A. Service levels and platforms

The Services may be offered through Seismocon’s website and mobile applications under Free and Paid Service Levels. The same account may be accessible through either platform. Features, availability, data processing, storage, communications, and commercial terms may vary by Service Level, platform, country, subscription, and connected Monitoring Unit.

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The Free Service Level may include account access, educational and public seismic information, selected maps, assessments, reports, notifications, and promotions.

 

The Paid Service Level may include Monitoring Unit registration and management, subscriptions, telemetry, alerts, diagnostics, data storage, structural assessments, downloadable reports, and premium analytics. A description of a planned feature does not guarantee its release or inclusion.

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Before a user purchases or upgrades to a Paid Service Level, Seismocon will present the applicable price, billing period, renewal, trial, cancellation, refund, hardware, warranty, data-plan, and feature terms. Cancellation of a Paid Service Level may return the account to an available Free Service Level; retention or deletion of information remains governed by the Privacy Policy and applicable law. App-store or payment-provider terms may also apply to transactions they process.

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When a user accesses the same account through more than one Seismocon platform, applicable account-level privacy choices will be applied across those platforms where technically feasible and legally required. Browser-, device-, operating-system-, or platform-specific choices may need to be managed separately.

6. Prohibited conduct

You may not, and may not assist another person to:
- use the Services unlawfully, fraudulently, deceptively, or outside their documented purpose;
- interfere with Service availability, integrity, security, telemetry, monitoring, diagnostics, alerts, or communications;
- gain or attempt unauthorized access to accounts, devices, networks, APIs, databases, firmware, source code, or credentials;
- bypass access controls, usage limits, security measures, or payment controls;
- reverse engineer, decompile, disassemble, decode, extract, copy, or derive source code, algorithms, models, protocols, or trade secrets except     
   where law expressly prohibits this restriction;
- scrape, crawl, harvest, bulk download, train an artificial-intelligence model on, or automatically query the Services without written authorization;
- introduce malware or conduct penetration, load, vulnerability, or security testing without written authorization;
- alter, suppress, falsify, simulate, or misrepresent measurements, sensor placement, device identity, timestamps, taxonomy, alerts, reports, or
   Outputs;
- remove proprietary, copyright, trademark, attribution, limitation, source, authenticity, or version notices;
- resell, sublicense, publish, commercially repurpose, or create derivative products from the Services or Outputs without written authorization; or
- use the Services to infringe rights, discriminate unlawfully, surveil unlawfully, or cause harm.

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7. Monitoring Units and installation

Monitoring Units and sensors must be installed, powered, connected, configured, maintained, and used according to Seismocon documentation and any applicable professional, electrical, structural, building-code, safety, or manufacturer requirements. Unless a signed agreement assigns the responsibility to Seismocon, you are responsible for selecting a lawful installation location, obtaining permissions, maintaining power and connectivity, preventing tampering, and protecting equipment from conditions outside its rated specifications.

Moving, rotating, remounting, obstructing, damaging, disconnecting, modifying, opening, or improperly installing a Monitoring Unit may invalidate baselines, measurements, alerts, reports, warranties, or conclusions. Seismocon may require reconfiguration, recalibration, a new baseline, inspection, or replacement before monitoring resumes.

Performance is not guaranteed when temperature, humidity, water, contamination, vibration, power, battery, solar charging, antennas, connectivity, or other conditions exceed documented ratings or availability. Monitoring Units do not replace required smoke or gas detectors, structural inspections, emergency systems, or other code-required equipment. Separate warranty and return terms apply, subject to nonwaivable rights.

The applicable Limited Hardware Warranty, Installation and Safety Instructions, return policy, documented operating limits, and approved accessory requirements are incorporated when presented with or made applicable to a Monitoring Unit. Those documents may establish additional installation, power-supply, battery, solar-equipment, environmental, maintenance, inspection, warranty, and replacement requirements. They do not limit nonwaivable rights or liability that applicable law does not permit Seismocon to exclude.

 

8. Universal informational and decision-support limitation

All Services, Monitoring Units, sensors, software, firmware, dashboards, alerts, notifications, recorded messages, Reports, scores, classifications, probabilities, analyses, interpretations, recommendations, and Outputs are solely automated informational and decision-support tools. Nothing provided through the Services constitutes professional engineering, architectural, structural, geotechnical, environmental, emergency-response, public-safety, inspection, certification, code-compliance, insurance, financial, medical, or legal advice, recommendation, opinion, or service.

 

No Output is a professional evaluation of actual conditions or a guarantee of safety, performance, damage, or outcome. The Services do not replace physical inspection, site investigation, independent professional judgment, emergency procedures, regulatory review, or action by an AHJ. All decisions and actions remain the responsibility of the person or entity making them. A qualified professional may use an Output only as supplemental evidence. Unless that professional independently reviews and adopts it in writing, an Output is not the professional's conclusion or certification.

9. No entry, evacuation, use, occupancy, or reoccupancy determination

Seismocon does not determine, authorize, recommend, or certify whether a building, structure, site, or area may be entered, evacuated, used, occupied, or reoccupied. Seismocon statuses, colors, alerts, probabilities, reports, recordings, and notifications are not ATC-20 placards or official building-safety determinations and must not be represented as such.

These decisions belong to appropriately licensed professionals, emergency officials, property authorities, and the authority having jurisdiction. Users must follow instructions from emergency officials and applicable authorities.

 

10. No emergency-service guarantee

The Services are not a substitute for 911, emergency dispatch, fire, police, medical, civil-defense, evacuation, or other emergency services. Seismocon does not promise that an event will be detected, that an alert will be generated, received, or delivered within any particular time, or that any person or authority will respond.

In an emergency, contact the appropriate emergency service and follow official instructions. Maintain independent alarms, emergency plans, communication methods, inspections, and safety procedures appropriate to the property and risk.

 

11. Models, probabilities, and actual conditions

Assessments, classifications, scores, probabilities, thresholds, comparisons, forecasts, and narratives are estimates derived from limited information, assumptions, models, and configured rules. They may not reflect actual damage, actual safety, site-specific performance, or future events. A model result is not proof that damage exists or does not exist.

Earthquakes and other hazards vary by location, depth, distance, duration, frequency content, soil, construction, maintenance, prior damage, and other conditions. Past or nearby measurements do not guarantee the forces experienced at a property or its performance in another event.

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12. User and property information

Results may depend on information supplied by you, another user, a property record, a customer, an installer, a professional, or another source. You are responsible for confirming that information you submit is accurate, complete, current, lawfully obtained, and authorized for use. Incorrect or incomplete taxonomy, location, installation, occupancy, structural, retrofit, sensor, or property information may materially change an Output.
Seismocon is not required to independently inspect a property or verify each submitted field before automated processing unless a signed agreement expressly requires it.

13. Sensors, networks, automated processing, and third-party information

The Services may automatically retrieve, receive, organize, process, compare, and present User Content and Third-Party Information from sources such as USGS, CESMD, GEM, public agencies, scientific organizations, sensor networks, mapping providers, communications providers, cloud platforms, and software libraries. Seismocon applies controlled algorithms, selection rules, published engineering relationships, fragility methodologies, and automated processing. Where appropriate, a Report identifies the relevant source, methodology, station or record, and calculation or content version.

Third-Party Information may be preliminary, automatically processed, delayed, incomplete, unavailable, revised, relocated, mislabeled, or inaccurate. Seismocon creates the automated compilation, processing, and presentation but does not own or control Third-Party Information or third-party methodologies. References do not imply validation, certification, sponsorship, or endorsement. Errors may originate in source data, User Content, sensors, communications, metadata, software, configured rules, processing, or presentation. To the maximum lawful extent, Seismocon disclaims responsibility for third-party errors or unavailability. All Outputs remain informational and decision-support tools, not professional advice.

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14. Reports and permitted sharing

The Report Terms, Conditions and Limitations apply to every generated report and are incorporated into these Master Terms. You may share a complete and unmodified report with a property owner, authorized occupant, licensed professional, insurer, lender, emergency official, regulator, or authority for legitimate review or decision-support purposes.

You may not remove limitations, alter results, excerpt a report misleadingly, misstate its source or purpose, present it as an official inspection or safety determination, sell it separately, or commercially republish it without written permission. A recipient receives no greater right than the person sharing the report and must consider the complete report, including its limitations and version information.

Material limitations may also be presented during purchase or Report generation, on the first page of a Report, and near status or safety-sensitive results. These notices supplement and do not replace these Master Terms.

 

15. Alerts, messages, and communications

You authorize operational emails, texts, calls, push notifications, recorded messages, and in-app notices necessary to provide requested Services, subject to applicable law and your settings. Carrier and data charges may apply. Delivery depends on device settings, permissions, networks, providers, contact information, and other conditions beyond Seismocon’s control.

Marketing communications are governed by applicable consent and opt-out rules. Opting out of marketing does not prevent essential account, security, transaction, monitoring, or service communications where permitted by law.

Where required, marketing consent is requested separately and may be withdrawn using the stated method. Operational, account, security, monitoring, and emergency-related communications remain distinct from marketing communications. Consent is subject to applicable law, and carrier charges may apply.

16. Fees, subscriptions, taxes, and cancellation

Prices, billing periods, included usage, renewal terms, cancellation rights, refunds, shipping, taxes, and other commercial terms are disclosed at purchase or in an applicable signed agreement. You authorize Seismocon and its payment provider to charge the selected payment method for amounts due.
If a subscription renews automatically, the renewal frequency, price, cancellation method, and legally required notices must be presented before purchase. You may cancel through the method stated at purchase or in your account. Cancellation applies prospectively and does not create a refund right except as stated in the applicable terms or required by law.

Checkout will disclose applicable price, renewal frequency, trial terms, cancellation method, refund terms, and legally required reminders. Cancellation will also be available through the same medium where applicable law requires it.

Seismocon may change future pricing upon legally sufficient notice. Seismocon will not retroactively change charges already accepted.

 

16A. Customer data export

Subject to account status, technical availability, applicable fees, legal restrictions, security requirements, retention obligations, and any controlling signed agreement, Seismocon may provide available User Content and customer-specific Reports in a standard format supported by the applicable Service. You should export information you are entitled to retain before closing an account. Termination does not require Seismocon to retain information beyond the applicable retention period or to create a new export format, except where applicable law or a signed agreement requires otherwise.

17. Intellectual property and proprietary technology

Seismocon and its licensors own all rights in the Services, including Monitoring Unit designs, circuit and manufacturing information, firmware, software, source and object code, algorithms, models, analytics, protocols, interfaces, databases, documentation, reports, text, graphics, trademarks, patents, patent applications, copyrights, trade secrets, improvements, and derivative technology.

Except for the limited license expressly granted in these Master Terms or a signed agreement, no right or license is granted by implication, estoppel, sale, disclosure, delivery, or otherwise. Unauthorized copying, manufacture, disclosure, distribution, reverse engineering, or use of Seismocon proprietary technology is prohibited.

Feedback may be used by Seismocon without restriction or compensation, provided Seismocon does not identify you publicly as its source without permission.

Open-source and third-party components remain subject to their applicable licenses. If such a license conflicts with these Master Terms solely as to a particular component, that license controls for that component and grants no broader right in Seismocon technology.

 

18. Your content and authority to provide data

You retain rights you lawfully hold in information, photographs, documents, property details, configuration data, and other content you submit (“User Content”). You grant Seismocon a nonexclusive, worldwide, royalty-free license to host, reproduce, process, transmit, display, adapt, and use User Content only as reasonably necessary to provide, secure, support, improve, and comply with law regarding the Services, subject to the Privacy Policy and signed agreements.

You represent that you have the rights, notices, permissions, and lawful basis necessary to provide User Content and authorize its processing. Do not submit information you are prohibited from disclosing.

19. Service data, deidentified data, and system improvement

Subject to the Privacy Policy and signed agreements, Seismocon may generate operational metadata, diagnostics, performance records, security logs, and deidentified or aggregated information from use of the Services. Seismocon may use information that cannot reasonably identify a person or customer asset to operate, secure, analyze, and improve the Services, conduct research, and develop features, provided it does not attempt to reidentify deidentified information except to test lawful deidentification controls.
Ownership and permitted use of customer-specific telemetry and monitoring data may be further defined in a signed enterprise or government agreement.

20. Privacy

The Seismocon Privacy Policy explains how Seismocon collects, uses, retains, discloses, licenses, shares, sells, and protects personal information and how individuals may exercise applicable privacy rights. It is available at https://www.seismocon.com/privacy-policy.

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As described in the Privacy Policy, Seismocon may use profile and Service information to market Seismocon Monitoring Units, subscriptions, and related Services; personalize offers from insurers, emergency-preparedness suppliers, and other relevant providers; and develop, disclose, license, share, or sell structural, property, environmental, and seismic information products. Aggregated or deidentified information is the preferred form for commercial data products. Identifiable information is used or disclosed only subject to applicable law, contract, notice, consent, and privacy choices.

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U.S. users may opt out of sale, sharing, and targeted advertising where applicable. Seismocon will honor legally recognized universal opt-out signals where required. In the European Economic Area, United Kingdom, Switzerland, and other jurisdictions requiring consent, qualifying personalized advertising and commercial disclosure of identifiable structural information will remain disabled until required consent is obtained.

Seismocon will not sell or use for targeted advertising account passwords, payment-card security information, private communications, passive-infrared possible-presence indications, audio recordings, real-time individual location, exact internal sensor placement, or government-restricted or critical-infrastructure security information. These categories may be processed when necessary to provide requested Services, protect security, comply with law, or follow an authorized customer instruction.

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The Services may process precise or approximate location, device identifiers, account data, property information, sensor and telemetry data, communications, and technical logs as described in the Privacy Policy. Privacy choices may limit certain Service functions.

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Sensor-derived presence indications, including passive-infrared indications, identify only possible detected presence and do not establish actual occupancy or a person count. Acoustic functions may measure sound levels; they will not be represented as recording audio unless recording is activated, disclosed, and supported by required notice, authorization, and consent. Location, photographs, presence indications, telemetry, and retained historical data are processed as described in the Privacy Policy and any controlling signed agreement.

 

21. Security

Seismocon uses administrative, technical, and organizational safeguards designed to protect the Services and information. No device, transmission, network, or storage system is completely secure. You must use reasonable security measures, install authorized updates, protect credentials and devices, and promptly report suspected vulnerabilities or unauthorized access.

 

You may not publicly disclose or exploit a suspected vulnerability before giving Seismocon a reasonable opportunity to investigate and address it, except where applicable law protects the disclosure.

 

22. Third-party services and links

The Services may interoperate with third-party platforms, networks, content, products, or services. Their terms and privacy practices may apply separately. Seismocon is not responsible for a third party’s independent conduct, content, policies, outages, or changes, but this sentence does not excuse Seismocon from responsibilities that applicable law does not permit it to disclaim.

 

References to USGS, CESMD, GEM, FEMA, ATC, FirstNet, AWS, government bodies, scientific organizations, standards, publications, or other sources identify data, methodology, compatibility, or context. Unless expressly stated in an authorized written announcement, a reference does not mean that the referenced party validates, certifies, sponsors, or endorses Seismocon, its products, calculations, conclusions, or recommendations.

 

22A. Protection of Seismocon personnel and related parties

Each Protected Seismocon Party is an intended third-party beneficiary of Sections 6, 17, 24, 25, 26, 27, and this Section 22A and may enforce those provisions directly. To the maximum extent permitted by law, claims arising from or related to the Services or Outputs should be asserted against Seismocon Systems, Inc., rather than against an individual Protected Seismocon Party. Nothing in this section excludes liability that applicable law does not permit the parties to exclude.

 

23. Beta, pilot, evaluation, and future functions

Features identified as beta, pilot, prototype, evaluation, experimental, planned, future, or prerelease may be incomplete, changed, suspended, or discontinued. They may not be used for production, safety-critical, regulatory, or contractual purposes unless a signed agreement expressly authorizes that use.

Roadmaps, forecasts, demonstrations, and anticipated release dates are not guarantees or purchase commitments. A purchase decision should be based only on functions expressly included in the applicable order or signed agreement.

 

24. Disclaimers of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SEISMOCON DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, SECURITY, AND UNINTERRUPTED AVAILABILITY.

 

SEISMOCON DOES NOT WARRANT THAT EVERY EVENT, CONDITION, FAULT, PERSON, HAZARD, OR STRUCTURAL CHANGE WILL BE DETECTED; THAT AN ALERT OR REPORT WILL BE GENERATED OR DELIVERED; THAT AN OUTPUT WILL BE ERROR-FREE; OR THAT THE SERVICES WILL PREVENT DAMAGE, INJURY, DEATH, LOSS, OR INTERRUPTION.

Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, exclusions apply only to the maximum extent permitted by law.

 

25. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SEISMOCON AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR USE; BUSINESS INTERRUPTION; OR THE COST OF SUBSTITUTE SERVICES, ARISING FROM OR RELATED TO THE SERVICES OR OUTPUTS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF SEISMOCON AND THE PARTIES LISTED ABOVE FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APPLICABLE SERVICE OR OUTPUT WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO SEISMOCON FOR THAT SERVICE OR OUTPUT DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) US$100.

 

The limitations apply collectively, not per incident or theory. They do not exclude or limit liability that cannot lawfully be excluded or limited, including liability to the extent caused by fraud, gross negligence, willful misconduct, or another nonwaivable basis under applicable law. A signed enterprise or government agreement may establish a different limitation.

26. Indemnification
To the extent permitted by law, you will indemnify and hold harmless Seismocon and its affiliates, officers, directors, employees, and licensors from third-party claims, damages, judgments, and reasonable costs arising from your: (a) unauthorized modification or commercial republication of an Output; (b) material misrepresentation of an Output or the Services; (c) unlawful distribution or disclosure; (d) infringement or unlawful User Content; or (e) intentional misuse or unauthorized access.

 

This obligation does not apply to the extent a claim was caused by Seismocon’s breach, negligence, willful misconduct, or violation of law. No consumer is required to indemnify Seismocon where applicable law prohibits it. Any broader defense or indemnification obligation must appear in a signed enterprise or government agreement.

 

Any defense or indemnification obligation of Seismocon must be expressly stated in a written agreement signed by an authorized Seismocon representative. No such obligation arises under these Master Terms.

27. Individual arbitration, class-action waiver, and jury waiver

Please read this section carefully. It affects legal rights.

27.1 Informal resolution
Before filing arbitration or litigation, the claimant must send an individualized written notice describing the dispute, relevant account, requested relief, and supporting facts to legal@seismocon.com and by mail to Seismocon Systems, Inc., 1625 Trancas Street, Unit 3496, Napa, CA 94558 USA. Seismocon will send its notice to the account contact. The parties will attempt in good faith to resolve the dispute for 60 days after receipt. A limitations period is tolled during that period to the extent permitted by law.

27.2 Arbitration agreement
Except for matters described in Sections 27.3 and 27.8, any dispute or claim arising out of or relating to the Services, an Output, a Monitoring Unit, these Master Terms, or the parties’ relationship will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”).

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. For an individual acting primarily for personal, family, or household purposes, the AAA Consumer Arbitration Rules and Consumer Due Process Protocol apply. For a business or governmental entity, the applicable AAA Commercial Arbitration Rules apply unless a signed agreement states otherwise. If AAA is unavailable, the parties will select a comparable administrator or a court will appoint one under applicable law.

27.3 Small claims and government rights
Either party may bring an individual claim in a court of competent small-claims jurisdiction if it remains there. A government entity may exercise nonwaivable statutory, regulatory, enforcement, or procurement rights. Signed government agreements control any inconsistent dispute procedure.

27.4 Arbitration procedure and fees
Arbitration may occur by documents, telephone, video, or in person as allowed by the applicable rules. A consumer may select a reasonably convenient location. Consumer fees will be allocated under the AAA Consumer Rules and applicable law. Seismocon will not seek attorney fees from an individual consumer unless the arbitrator determines that a claim was frivolous or brought for an improper purpose under applicable law. The arbitrator may award the same individualized remedies available in court.

27.5 Individual proceedings only
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND SEISMOCON AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF, CLAIMANT, PRIVATE ATTORNEY GENERAL, OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, MASS, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF DIFFERENT PERSONS OR PRESIDE OVER A REPRESENTATIVE PROCEEDING WITHOUT WRITTEN CONSENT FROM ALL PARTIES.

27.6 Jury-trial waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND SEISMOCON WAIVE THE RIGHT TO A JURY TRIAL for disputes subject to arbitration and for any court proceeding arising from these Master Terms, except where a jury waiver is prohibited.

27.7 Public injunctive relief
Nothing in these Master Terms waives a nonwaivable right to seek public injunctive relief. If applicable law requires a request for public injunctive relief to be decided by a court, that request will be stayed while arbitrable claims are resolved, to the extent permitted by law.
 

27.8 Court relief and intellectual property
Either party may seek temporary or preliminary court relief necessary to preserve the status quo or prevent imminent unauthorized access, cybersecurity harm, misuse of credentials, or infringement or misappropriation of intellectual property, without waiving arbitration of the underlying dispute.

27.9 Authority to decide disputes about arbitration
The arbitrator decides disputes concerning the interpretation, applicability, or enforceability of this arbitration agreement, except that a court decides disputes concerning the class-action waiver, public injunctive relief, or whether a valid agreement to arbitrate was formed.

 

27.10 Thirty-day consumer opt-out
An individual consumer may opt out of this arbitration agreement by emailing legal@seismocon.com within 30 days after first accepting Version 2.4. The notice must state the consumer’s full name, account email, mailing address, and an unequivocal request to opt out of arbitration. Opting out does not affect access to the Services or other provisions. An opt-out applies only to that individual and version and does not revoke a prior arbitration agreement unless the notice expressly and validly does so.

 

27.11 Severability
If part of this Section 27 is unenforceable, it will be severed and the remainder enforced, except that if the prohibition on class or representative arbitration is finally held unenforceable for a particular claim, that claim must proceed in court and not in class or representative arbitration.

 

28. Governing law and court venue

The Federal Arbitration Act governs Section 27. Subject to that section and nonwaivable law, California law governs these Master Terms without regard to conflict-of-law rules. Any court proceeding not subject to arbitration must be brought in the state or federal courts serving Napa County, California, and the parties consent to personal jurisdiction there, unless a signed agreement or applicable law requires otherwise.

 

29. Suspension and termination

Seismocon may suspend, restrict, or terminate access when reasonably necessary to address nonpayment, security or safety risk, unlawful activity, misuse, material breach, sanctions or legal requirements, threats to the Services or others, or discontinuation of a Service. When reasonably practicable, Seismocon will provide notice and an opportunity to cure.

 

You may stop using the Services and close an account subject to outstanding charges, retention requirements, and applicable cancellation terms. Provisions that by their nature should survive will survive, including ownership, limitations, payment obligations, permitted data use, dispute resolution, and enforcement rights.

30. Changes to the Services and these Master Terms

Seismocon may update the Services. If Seismocon materially changes these Master Terms, it will provide legally sufficient notice before the change takes effect and will request renewed affirmative acceptance when required or appropriate. Continued use after effective notice may constitute acceptance where permitted by law, but publication alone will not replace affirmative acceptance when applicable law requires it.

 

The version accepted for a transaction, report, or dispute will be preserved in Seismocon’s records. Changes do not retroactively reduce accrued rights or alter a signed agreement.

31. Export controls, sanctions, and government use

You must comply with applicable export-control, sanctions, anti-corruption, procurement, and government-use laws. You may not provide the Services to a prohibited destination, person, or end use.
Government rights in software, technical data, reports, and documentation are limited to the rights expressly granted in the applicable signed agreement and mandatory procurement law. No public procurement term is accepted merely because it appears in a purchase order or portal unless Seismocon accepts it as provided in Section 2.

31A. Government records and required disclosure
A Government Customer may be subject to freedom-of-information, public-records, procurement-transparency, archiving, or similar laws. The Government Customer should, to the extent legally permitted, identify Seismocon materials as confidential, proprietary, trade-secret, security-sensitive, or otherwise protected; avoid unnecessary submission of protected material; promptly notify Seismocon of a request that may require disclosure; allow Seismocon a reasonable opportunity to seek confidential treatment or protective relief; and disclose only the portion legally required. Seismocon does not warrant that a confidentiality marking will prevent disclosure required by law. Specific procedures may be established in a signed government agreement.

 

31B. International access and mandatory rights
If you access or use the Services outside the United States, you are responsible for compliance with applicable local law. Nothing in these Master Terms limits mandatory consumer, privacy, data-protection, employment, procurement, or dispute-resolution rights that cannot lawfully be waived. Availability and functionality of particular Services may vary or be restricted by country. International privacy obligations are further addressed in the Privacy Policy and any applicable data-processing agreement.

 

32. General terms

These Master Terms and applicable incorporated documents are the complete agreement concerning their subject matter, except for a controlling signed agreement. Failure to enforce a provision is not a waiver. Headings are for convenience. “Including” means “including without limitation.” Electronic records and signatures may be used where lawful.

You may not assign these Master Terms without Seismocon’s written consent, except where applicable law permits. Seismocon may assign them in connection with a merger, financing, reorganization, sale of assets, or transfer of the applicable business, subject to applicable law.
Neither party is liable for delay caused by events beyond its reasonable control, except for payment obligations and obligations that cannot lawfully be excused. If a provision is invalid, it will be enforced to the maximum lawful extent and the remainder will continue, subject to the specific severability rule in Section 27.

Seismocon may provide translations for convenience. Unless applicable law requires otherwise or a signed agreement designates another controlling language, the English version controls if a translation conflicts with it. Each translation should display the same version and effective date.

33. Notices and contact

Legal notices to Seismocon must be sent to:

Seismocon Systems, Inc.  
1625 Trancas Street, Unit 3496  
Napa, California 94558 USA  

Email: legal@seismocon.com

Seismocon may send notices to the email, mailing address, account, application, or administrative contact associated with the Services. You are responsible for keeping contact information current.

34. Controlled version and acceptance record

Document title: Seismocon Master Terms of Service 
Version: 2.4  
Effective date: September 9, 2026  

Permanent location: https://www.seismocon.com/terms-conditions

Seismocon may maintain records reasonably necessary to document acceptance, transactions, security, and compliance, as described in the Privacy Policy. This version remains permanently retrievable after it is superseded.