TERMS OF USE

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Effective Date: May 15, 2026

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These Terms of Use (“Terms”) govern your access to and use of the websites, mobile applications, cloud software platforms, structural monitoring systems, dashboards, reports, APIs, and related products and services (collectively, the “Services”) provided by Seismocon Systems, Inc., a Delaware corporation (“Seismocon,” “Company,” “we,” “our,” or “us”).

By accessing or using any Seismocon Services, you agree to be legally bound by these Terms. If you do not agree, you must not access or use the Services.

1. Company Information

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

Legal Contact: legal@seismocon.com

2. Acceptance of Terms

By accessing, browsing, registering for, downloading, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by:

• these Terms of Use;

• our Privacy Policy;

• any supplemental agreements, enterprise contracts, subscription agreements, or service-specific terms applicable to your use.

If you are accessing the Services on behalf of a company, organization, government agency, or other entity, you represent that you are authorized to bind that entity.

3. Permitted Use

Seismocon grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Services solely for lawful purposes and in accordance with these Terms.

You agree not to:

• use the Services for unlawful, fraudulent, harmful, or unauthorized purposes;

• interfere with the operation, availability, or security of the Services;

• attempt unauthorized access to systems, networks, APIs, databases, or accounts;

• reverse engineer, decompile, disassemble, or otherwise attempt to derive source code;

• bypass authentication, access controls, or technical restrictions;

• use bots, crawlers, scrapers, spiders, harvesting tools, or automated collection systems;

• copy, reproduce, republish, distribute, sublicense, sell, or exploit any content or data without written permission;

• introduce malware, viruses, malicious code, or denial-of-service activity;

• interfere with telemetry systems, monitoring integrity, or alert workflows.

4. Risk Assessment and Monitoring Disclaimer

Seismocon Services may provide structural monitoring information, telemetry analysis, risk assessments, alert notifications, environmental monitoring data, or related analytical outputs.

These Services are informational and operational support tools only.

Unless expressly stated in a separate written agreement:

• Seismocon is not providing licensed engineering, architectural, seismic certification, emergency response, insurance underwriting, or legal advisory services;

• Seismocon does not guarantee structural integrity, occupant safety, habitability, code compliance, or fitness for occupancy;

• monitoring outputs do not replace physical inspections, licensed engineering review, emergency response procedures, or regulatory determinations.

Customers remain solely responsible for operational decisions involving buildings, facilities, infrastructure, public safety, evacuation decisions, maintenance, repairs, or occupancy.

5. No Emergency Services Guarantee

Seismocon Services are not emergency response systems.

Seismocon does not guarantee:

• continuous service availability;

• uninterrupted telemetry delivery;

• immediate alert transmission;

• SMS/email/push notification delivery timing;

• telecommunications network availability;

• third-party infrastructure uptime.

Users must not rely solely on Seismocon Services for life-safety emergency response.

Always maintain independent emergency procedures and response protocols.

6. Intellectual Property

All content, technology, software, systems, algorithms, designs, interfaces, dashboards, reports, graphics, text, documentation, source code, object code, telemetry models, trademarks, logos, patents, and related materials are owned by Seismocon or its licensors and are protected by applicable intellectual property laws.

No ownership rights are transferred.

Except as expressly authorized, you may not:

• copy;

• modify;

• create derivative works;

• distribute;

• publish;

• publicly display;

• license;

• sell;

• commercially exploit;

• reproduce system outputs beyond authorized use.

7. Data Scraping and Automated Access Prohibited

You may not use automated tools to extract or collect information from the Services.

Prohibited activities include:

• scraping;

• crawling;

• spidering;

• automated querying;

• API misuse;

• data harvesting;

• telemetry extraction outside authorized access.

Unauthorized automated access may result in legal action.

8. User Accounts and Credentials

Users are responsible for:

• maintaining credential confidentiality;

• controlling access to accounts;

• ensuring authorized use;

• promptly notifying Seismocon of suspected unauthorized access.

Seismocon may suspend or disable accounts to protect security or enforce compliance.

9. Third-Party Services

Services may rely on third-party providers including hosting, mapping, communications, analytics, authentication, cloud infrastructure, or messaging vendors.

Seismocon is not responsible for third-party outages, delays, failures, or independent policies.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SEISMOCON DISCLAIMS ALL WARRANTIES, INCLUDING:

• MERCHANTABILITY

• FITNESS FOR A PARTICULAR PURPOSE

• NON-INFRINGEMENT

• ACCURACY

• RELIABILITY

• TIMELINESS

• SECURITY

• CONTINUOUS AVAILABILITY

Seismocon does not guarantee that:

• outputs are error-free;

• alerts will always occur;

• all events will be detected;

• services will remain uninterrupted;

• defects will be corrected.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SEISMOCON SHALL NOT BE LIABLE FOR:

• indirect damages;

• incidental damages;

• consequential damages;

• punitive damages;

• loss of business;

• lost revenue;

• data loss;

• operational interruption;

• occupancy decisions;

• engineering reliance;

• emergency response outcomes;

• property damage;

• bodily injury;

• death.

If liability cannot be excluded, Seismocon’s aggregate liability shall not exceed the amount paid by the customer to Seismocon during the prior twelve (12) months for the applicable Services.

12. Indemnification

You agree to defend, indemnify, and hold harmless Seismocon, its officers, directors, employees, contractors, affiliates, and licensors from claims arising from:

• misuse of the Services;

• violation of these Terms;

• unlawful conduct;

• unauthorized access;

• third-party claims caused by your actions.

13. Suspension and Termination

Seismocon may suspend, restrict, or terminate access at any time, with or without notice, for:

• security concerns;

• operational protection;

• legal compliance;

• suspected misuse;

• breach of these Terms.

14. Modifications

Seismocon may modify these Terms at any time.

Updated Terms become effective upon publication unless otherwise stated.

Continued use constitutes acceptance.

15. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.

16. Dispute Resolution

Any dispute arising from these Terms shall be resolved exclusively through binding arbitration under the Federal Arbitration Act and AAA Commercial Arbitration Rules.

Venue shall be Napa County, California, unless otherwise required by law.

Either party may seek injunctive relief for intellectual property misuse or unauthorized access.

17. Contact

Legal inquiries:

Seismocon Systems, Inc.
1625 Trancas Street, Unit 3496
Napa, CA 94558
USA
legal@seismocon.com