This Service Agreement (“Agreement”) is entered into by and between Tru Protection LLC (“we,” “us,” or “our”) and you, the Subscriber (“you,” “your,” or “Subscriber”), for the use and provision of security products, related hardware, software, mobile or web applications, and any security services (collectively, “Services”). By purchasing, installing, activating, or otherwise using our Services, you indicate that you have read, understood, and agree to be bound by the terms and conditions of this Agreement, including any documents incorporated by reference.

DEFINITIONS

1. “System” refers to any security or monitoring devices, hardware, or components you have purchased or otherwise obtained from Tru Protection LLC for your Premises.

2. “Services” includes, but is not limited to, alarm monitoring, emergency dispatch services, video monitoring, application-based access or controls, and customer support.

3. “Premises” refers to the physical location(s) where the System is installed or used.

4. “Application” means any Tru Protection LLC software or application (mobile, web, or otherwise) used to access, control, or monitor the Services.

IMPORTANT – PLEASE READ

• Binding Arbitration: By using our Services, you agree to resolve disputes through binding arbitration rather than jury trials or class actions.

• Liability Limitations: We are not an insurer and will not pay for losses. It is the subscriber’s responsibility to obtain and maintain appropriate insurance.

• Practice Period: Your System has a mandatory 3-day “practice mode,” during which our monitoring center does not dispatch first responders. We will dispatch Alarm Response Teams to your location,

ACCEPTANCE OF TERMS

By clicking “Register,” completing a transaction on our website or mobile application, creating an account, or otherwise using the Services, you agree to Terms and Conditions herein this Agreement and our Privacy Policy, which is incorporated by reference. If you do not agree, you must not use the Services. You may print this Agreement for your records at any time.

LIFE SAFETY NOTICE

Your System is not a proprietary devise. The manufacture sells many additional components. These components include but are not limited to heat, smoke or carbon monoxide detectors. Tru Protection LLC provides security monitoring only. We will not monitor life safety components. Tru Protection LLC is not responsible for, nor will we accept any liability for loss of life, personal injury, property damage (real or personal), or other losses that may result from installation or monitoring of life safety components. You alone are responsible for all life safety components in accordance with applicable laws, regulations, and professional guidelines.

SERVICES PROVIDED

We will provide you with the Services that you select at the time of obtaining the Service or as otherwise agreed to in writing. These may include:

• Emergency Dispatch Services: Monitoring your System’s signals and contacting emergency responders if a qualifying alarm is triggered, subject to limitation set forth in this agreement.
• Video-Related Services: Live streaming, video recording, video verification, Property monitoring, and related features.
• Application & Remote Controls: Mobile or web-based access to control or monitor your System.
• Customer Support: General support, troubleshooting, and assistance with your System.

Our obligation to perform any Service is contingent upon (i) your full compliance with this Agreement, including timely payment of fees, and (ii) your System functioning correctly with adequate power, internet, or other required connectivity.

VIDEO & PROPERTY MONITORING

1. Video-Related Services. These features (e.g., real-time streaming, recorded video, two-way audio) are provided for alarm verification or personal convenience only. We are not liable if video features fail, are interrupted, or do not record properly. In most cases, the video is stored on the Subscriber’s System. As such, you authorize Tru Protection LLC to access, copy, or otherwise obtain video and audio files from Your System and distribute them to third-parties, (for example; law enforcement, court officials, etc.).
2. Property Monitoring Addendum. If you subscribe to any property monitoring service, additional terms may apply (e.g., camera placement, restricted usage, consenting to monitoring).
3. Privacy Laws. You must comply with all laws regarding audio or video surveillance, including informing any person of being recorded and obtaining any necessary permissions or consents.

SOFTWARE & APPLICATION LICENSE

We grant you a limited, non-exclusive, non-transferable license to use our Application solely for accessing and controlling the Services. This license terminates immediately if you breach any term of this Agreement. We may automatically update or discontinue any aspect of the Application at any time.

THIRD-PARTY PRODUCTS & SERVICES

You may choose to integrate the System with third-party devices or services (e.g., Amazon Alexa, Google Assistant). We are not responsible for third-party devices or services or their compatibility with the System. Your interactions with these third parties are governed by their own terms and privacy policies.

SUBSCRIPTION, BILLING, & PAYMENT

1. Subscription Term. Unless otherwise stated, subscriptions renew automatically on a monthly basis (or another interval stated during your sign-up).
2. Payment Authorization. You authorize us to automatically charge your credit card, debit card, or other designated payment method for all applicable fees on the schedule disclosed at purchase or in subsequent communications.
3. Default/Declined Payments. If payment is declined or past due, we may suspend or terminate Services immediately. You remain responsible for any unpaid amounts.
4. Cancellation. You may cancel your subscription at any time by contacting us via phone, email, or any cancellation method we make available.
5. Fee Changes. We may adjust fees at our discretion, upon reasonable notice (e.g., by email or on our website). Continued use of the Services after notice of a fee change constitutes your acceptance of the new fees.

TERM & TERMINATION

1. Term. This Agreement remains in effect until cancelled by either party.
2. Termination by Subscriber. You may terminate this Agreement at any time by following our cancellation procedures. Your termination is effective upon our receipt and acknowledgment of your cancellation request.
3. Termination by Tru Protection LLC. We may terminate this Agreement at any time, with or without cause, upon notice to you. If we terminate without cause, we will refund any prepaid, unused subscription fees on a pro-rata basis, if permissible under applicable law.
4. Effects of Termination. Upon termination, your access to Services will cease. You will remain liable for any fees incurred prior to termination. Certain provisions (e.g., Limitation of Liability and Arbitration) survive termination.

CHANGES TO THIS AGREEMENT

We may revise this Agreement at any time. When we do, we will post the updated terms on our website or notify you via email. Continued use of the Services after any posted or emailed update constitutes your acceptance of the revised Agreement.

PRACTICE (SET-UP) PERIOD

To reduce the risk of false alarms and to familiarize you with the System’s features, we require an initial “practice” or “test” or Set-Up Period. During this period, we will not dispatch emergency services, even if an alarm signal is triggered. Once the practice period ends, your account status will change to “Active,” and we will begin providing the monitoring and/or dispatch services for which you have subscribed.

RIGHT TO SUBCONTRACT

Services may be provided by an independent third-party subcontractor. Any such subcontractor (e.g., central station, third-party responder) is an independent contractor, not our partner or joint ventures.

CRITICAL UPDATES & REPLACEMENTS

At our discretion, we may provide important updates or replacements to maintain your System’s reliability. You agree to cooperate with scheduling and implementing such updates.

RECONDITIONED COMPONENTS

We may use reclaimed, recycled, or reconditioned parts in new or replacement products. By purchasing or receiving any product from us, you consent to such use.

ELIGIBILITY & ACCOUNT

1. Eligibility. You must be at least 18 years old to use the Services.

2. Account Creation. You must create an account (“Account”) by providing accurate and up-to-date information. You are responsible for maintaining the confidentiality of your login credentials, Code Words, and for all activity under your Account. If you suspect unauthorized access, promptly notify us.

3. Biometric Access. If you enable biometric authentication (e.g., fingerprint or facial recognition), anyone with valid biometric data on your device may access your Account. You assume all risks associated with this feature.

4. You agree that federal, state or local ordinances or rules around the handling of different types of alarms and requests from first responder dispatch may apply to your security system and monitoring service. You understand that our ability to provide any professional monitoring services will be subject to local rules and practices. Should you activate service in an area subject to any of these regulations and practices certain municipalities may require multiple alarms to be received or real time audio or visual confirmation of an alarm before they will dispatch first responders while other municipalities may require that alarms from certain life safety alarms such as CO alarms require calls to emergency response regardless if the occupants believe it to be a false alarm. Tru Protection LLC does not monitor Life Safety Devices.

LIMITATIONS OF LIABILITY AND RELEASE

You hereby release Tru Protection LLC and its affiliates, Members, Directors, officers, employees or agents (“Tru Protection Parties”) from all liability arising from or relating to:

• The System, Services, or third-party products/services,
• Negligence, product liability, strict liability, or breach of warranty,
• Any unauthorized access, use, or disclosure of your personal information,
• Any response (or lack thereof) by first responders or third parties,
• Any subrogation claims by your insurance carrier.

Under no circumstances is Tru Protection LLC liable for consequential or incidental damages. Even if we are found liable, our total liability is capped at $1,000 (in the aggregate, not per incident).

NO WARRANTIES

We provide the Services and the System “as-is” and “as-available,” without any express or implied warranties, including warranties of merchantability, fitness for a particular purpose, or accuracy.

1. As-Is, As-Available. The System and Services are provided “As-Is and As-Available, with all faults. Tru Protection LLC specifically disclaims any and all warranty of merchandise, fitness for a particular purpose, title, accuracy, nor non-infringement.

2. Your Responsibilities. You assume all risk of using the System and Services. Tru Protection does not warrant that the System or Service will be uninterrupted, error-free, free from third-party attacks.

TIME LIMIT ON ACTIONS

If we breach this Agreement, you must give us written notice of the breach and allow fourteen (14) business days to cure it before pursuing legal remedies. Any claim against us must be commenced within one (1) year from the date the cause of action arises.

NO INSURANCE:

We are NOT an Insurer. Our fees reflect the value of the Services, not the value of property at the Premises or potential losses. We strongly recommend obtaining separate insurance to cover any property damage, personal injury, or other risks. You release us from all liability for all losses that would be covered by your insurance.

LIMITATION OF LIABILITY

To the maximum extent permitted by law:

1. DISCLAIMER OF CERTAIN DAMAGES. Under no circumstances will Tru Protection LLC or its affiliates, Members, Directors, officers, employees or agents (“Tru Protection Parties”) be liable for any direct, indirect, special, incidental or consequential damages, (including loss of profits or damage) to property arising out of or related to your use or inability to use the System or Services, even if advised of the possibility of such damages.
2. MAXIMUM AGGREGATE LIABILITY. If Tru Protection LLC or any Tru Protection LLC Party is found liable for any claim or cause of action related to the System or Services, liability will not exceed the total amount you paid to Tru Protection LLC for the Services for the most recent twelve (12) months, or one thousand dollars, ($1,000.00), whichever is greater.
3. SCOPE OF LIMITATIONS. These limitations apply regardless of the legal theory, or which claim is based, (contract, warranty, negligence, tort, etc.).

RELEASE OF INSURED LOSSES; WAIVER OF SUBROGATION

You release all Tru Protection LLC Parties from any liability for damage or loss covered by your insurance. You also waive any subrogation rights your insurer may have against Tru Protection LLC. If your insurance covers any claim related to the Services, you release us from all such claims up to the policy coverage limits. You also waive any subrogation rights your insurer may have against us.

INDEMNIFICATION

If any third party (including your insurer) seeks to recover any losses from Tru Protection LLC arising out of your use or misuse of the System or Services, you shall indemnify, defend, and hold us harmless. This includes claims of negligence and other legal theories, to the extent permissible under law. You agree to indemnify, defend, and hold harmless Tru Protection LLC and its affiliates from all claims, damages, losses, liabilities, costs, and expenses (including attorney fees) arising out of or related to:

• Your use or misuse of the System or Services,
• Your violation of any applicable law or this Agreement, or
• Claims by any third parties (including your insurers) relating to property damage, personal injury, or death resulting from your use of or inability to use the System or Services.

DISPUTE RESOLUTION & ARBITRATION

1. Mandatory Arbitration. Except for claims relating to personal injury or property damage, any dispute arising out of or related to this Agreement, the System, or the Services must be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
2. Class Action Waiver. All arbitrations will be on an individual basis. You waive any right to bring claims as a plaintiff or class member in any purported class or consolidated proceeding.
3. Arbitration Location & Fees. Arbitration shall occur in a mutually agreed location or, if none, in the county of your residence. We will pay the AAA’s filing and administrative fees if required by applicable law.
4. Opt-Out. You may opt out of arbitration within 60 days of first accepting this Agreement by emailing [email protected] with your request. If you do so, disputes will be resolved exclusively by a court of competent jurisdiction in Olympia, Washington, and you waive any right to trial by jury.
5. One-Year Limitation. Any claim against us must be commenced within one (1) year of the alleged incident giving rise to the claim, or it is waived.

COMMUNICATIONS EQUIPMENT AND SERVICES

The System may rely on and transmits signals to our monitoring facility via telephone lines, cellular/wireless networks, broadband, Wi-Fi, or similar means, (“Communications Equipment and Services”). These can fail or be interrupted for various reasons. You must maintain them and test your System at least once a month. Tru Protection LLC is not responsible if an alarm signal cannot be transmitted or received.

PERMITS, REGULATIONS, & COMPLIANCE

You are responsible for obtaining and maintaining any permits or licenses required to install or use the System or Services. Compliance with all applicable laws, regulations, and local ordinances (including those pertaining to video/audio recording or monitoring) is your sole responsibility.

ADDITIONAL EQUIPMENT OR SERVICES

You chose your System’s equipment based on your own needs. Additional or upgraded equipment or services may enhance detection. If you require more equipment, you agree to pay any associated costs. You are also responsible for any local permit or licensing fees.

FALSE ALARMS; SUSPENSION AND SHUTDOWN

You are solely responsible for preventing false alarms and for any fines, penalties, or damages arising from them. If your System repeatedly triggers false alarms, we may suspend Services until you resolve the issue.

EMERGENCY DISPATCH SERVICES

1. Monitoring Facility. If your Services include professional monitoring, our monitoring center will seek to notify you, your listed emergency contacts, and/or appropriate emergency responders upon receipt of specific alarm signals.

2. Alarm Verification. We may attempt to verify an alarm (e.g., via call, text, video) before notifying emergency responders. If verification fails, we may, at our discretion, either request dispatch or take no further action.
3. No Guarantee of Response. We cannot guarantee that authorities, emergency responders will act upon any request for dispatch or will respond in a timely manner.

GOVERNING LAW & VENUE

This Agreement and any disputes hereunder are governed by the laws of the State of Washington, without regard to conflict-of-law rules. If arbitration is inapplicable or unenforceable, you consent to the exclusive jurisdiction of the state or federal courts located in Olympia, Washington.

NOTICES

• To Tru Protection LLC: Send written notices by mail or overnight delivery to our principal place of business, or by any electronic method we designate (e.g., a contact form or at [email protected]).
• To Subscriber: We may send notices to you at the email address or mailing address in your Account. You are responsible for keeping contact information updated.

ASSIGNMENT

You may not assign or transfer this Agreement without our written consent. We may freely assign or transfer any or all rights or obligations hereunder, at our discretion.

FORCE MAJEURE

We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including natural disasters, strikes, acts of war, terrorism, equipment failures, or communication outages, (such as phones, internet, cellular, etc.).

PRIVACY POLICY

Our Privacy Policy explains how we collect, use, and share your personal information.

SEVERABILITY

If any part of this agreement (in part or in its entirety) is found to be unlawful, invalid or unenforceable, the remainder of this agreement will remain in full force and effect.

MODIFICATIONS

We may modify these terms by posting updated terms at Tru Protection.net/legal or providing notice by email. Your continued use after notice constitutes acceptance of any changes.

ENTIRE AGREEMENT

This Agreement, along with any documents expressly incorporated by reference, constitutes the entire understanding between you and Tru Protection LLC regarding the Services and supersedes all prior agreements, representations, or understandings.

NO WAIVER

No waiver of any provision shall be deemed a subsequent or continuing waiver of that provision or any other provision, and our failure to assert any right under this Agreement shall not constitute a waiver of such right.

HEADINGS

Section headings are for reference only and do not affect the interpretation of this Agreement.

FINAL ACKNOWLEDGMENT

By using or continuing to use Tru Protection LLC’s System and Services (including any auto-renewing monthly subscription), you acknowledge that you have read this Agreement carefully, understand it, and agree to be bound by all its terms and conditions herein, including those related to limitation of liability, no warranties and mandatory arbitration.

Effective Date: March 1st, 2025

Tru Protection LLC

All Rights Reserved.