Terms & Conditions

TERMS OF USE AND SERVICE

Last Updated: September 18, 2026 IF YOU DO NOT AGREE TO THESE TERMS, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT ACCESS, USE OR PURCHASE ANY PRODUCTS, APPLICATIONS OR SERVICES.

1. ACCEPTANCE OF TERMS

These Terms of Use and Service (“Terms”) constitute a binding contract between you and Trivedi Advanced Technologies LLC d/b/a Plumsense (“Plumsense,” “us,” “we,” or “our”) governing the use of and access to the products and/or services we offer in connection with open access or subscription services or one-time purchases (collectively all such products and services shall be referred to herein as “Services” and/or “Products”) to you and any authorized individuals engaged by you to use the Services on your behalf (each, a “User,” and collectively, “Users”). By using or accessing the Services, or authorizing or permitting any User to use or access the Services, you accept and agree to be bound by these Terms. The term “using” includes any person or entity who accesses or uses the Site with crawlers, robots, browsers, data mining, or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party. If you are entering into these Terms on behalf of a company, organization, or other legal entity (“Entity”), you agree to these Terms for that Entity and represent to Plumsense that you have the authority to bind such Entity and its affiliates to these Terms. In such case, “you” or “Member” shall refer to such Entity and its affiliates. If you are a Member’s User, then these Terms will apply to you to the extent they are applicable to Users. If you do not have the authority to bind the Entity to these Terms or do not agree to these Terms, do not accept these Terms or use or access the Services. If you or your Entity has entered into a separate signed agreement with Plumsense (including any Master Services Agreement, subscription agreement, statement of work, or purchase order), that agreement will control to the extent it conflicts with these Terms. You represent and warrant that the information you provide in registering for the Services is accurate, complete, and rightfully yours to use.

2. PRODUCTS AND SERVICES

Plumsense provides wireless Internet of Things (IoT) monitoring solutions, including sensors and devices that measure or detect environmental, physical, and operational conditions — such as, without limitation, temperature, humidity, pressure, door position, water leaks, air quality, motion, occupancy, power status, and location — together with gateways, dashboards, alerting, and digital compliance record-keeping (such as digital HACCP logs) for food service, healthcare, cold-chain, industrial, and similar applications. References in these Terms to sensors, monitoring, telemetry, or environmental conditions apply equally to all sensor and device types and all data streams offered by Plumsense from time to time. We may deliver our Services through our websites www.plumsense.com, portal.plumsense.com, gov.plumsense.com, and www.TempTag.io (the “Site”), and our web and mobile applications and portals (each, an “Application,” and collectively, “Applications”). The features and services available to you will be based on the content, products, subscription plan, membership level or other services you purchase or subscribe to from Plumsense (“Plan”), as detailed in the purchase and registration details and/or terms provided to you by Plumsense and/or the “Registration” page within the Application. The Services specifically exclude any third-party database or Third-Party Services (as defined in Section 5). We reserve the right to modify content, features and functionality of our Services from time to time in our sole discretion. We will determine in our sole discretion whether any new content or features require additional fees. We may decide to add new content or features to the Services. We may or may not provide notice to you of changes to the Services. We will not be liable to you or to any third party for any modifications, price increases, or discontinuations of our Services. Any additional product add-ons, including but not limited to additional content, features or services you later add to an existing Plan (the “Add-Ons”) shall be subject to these Terms. Any time-and-materials or other consulting services provided to you shall also be subject to these Terms.

3. REGISTRATION

You agree that you will only access our Applications for your personal or internal business purposes and subject to these Terms. You will be required to register for our Application and may pay a fee for the use of certain Services. You must pay such subscription fees on the first day of your subscription term unless otherwise specified. If you, as a User, add additional Users to your account, you must bind each of the Users to these Terms. You are responsible for all information, data, content, messages or other materials that you or your Users post or otherwise transmit via the Applications (collectively, “Content”). You are responsible for maintaining the confidentiality of your login and account, and are fully responsible for any and all activities that occur under or in connection with your login or account. You agree that you will not trade, transfer, or sell access to your login or account to another party unless otherwise agreed to in writing by Plumsense. As a User, you represent and warrant that you are: (i) 18 years or older, (ii) not prohibited or restricted from having a Plumsense account, and (iii) not a competitor of or using the Services for purposes that are competitive with Plumsense. You agree to use reasonable efforts to prevent unauthorized use of the Services and notify us immediately if you discover any unauthorized use through your account. You will take all necessary steps to terminate the unauthorized use and agree to cooperate with us in preventing or terminating such unauthorized use of the Services.

4. AVAILABILITY OF SERVICE

While we will use commercially reasonable efforts to keep our Applications available and accessible, the Applications may be unavailable from time to time for repairs, upgrades, routine and emergency maintenance, or other interruptions that may be out of our reasonable control, including any outages of Third-Party Services (as defined in Section 5) or any related application programming interface and integrations. Interruptions of our Applications shall not serve as a basis to terminate your subscription or demand any full or partial refunds or credits of prepaid and unused subscription fees.

5. THIRD PARTY INTEGRATIONS AND SERVICES

Our Applications may contain links to or allow you to connect and use certain external third-party products, services, or software in conjunction with your use of our Applications and Services (“Third Party Services,” and each, a “Third Party Service”), including certain integration partners. To take advantage of these features, you may be required to sign up or log into such Third Party Service on their respective websites or applications. By enabling the Applications to access such Third Party Service, you are permitting Plumsense to pass on your login information to the Third Party Service and granting the Third Party Service permission to access or otherwise process your data. You acknowledge that your use of such Third Party Service is governed solely by the terms and conditions and privacy policy of such Third Party Service, and that Plumsense does not endorse, is not liable for, and makes no representations as to the Third Party Service, its content, or the manner in which such Third Party Service uses, stores, or processes your data. We are not liable for any damage or loss arising from or in connection with your enablement of such Third Party Service and your reliance on the policies, privacy practices, and data security processes of such Third Party Service. We are not responsible or liable for any changes to or deletion of your data by the Third Party Service. Certain features of our Services may depend on the availability of these Third Party Services and the features and functionality they make available to us. We do not control Third Party Service features and functionality, and they may change without any notice to us. If any Third Party Service stops providing access to some or all of the features or functionality currently or historically available to us, or stops providing access to such features and functionality on reasonable terms, as determined by Plumsense in our sole discretion, we may stop providing access to certain features and functionality of our Services. We will not be liable to you for any refunds or any damage or loss arising from or in connection with any such change made by the Third Party Service or any resulting change to our Services. You irrevocably waive any claim against Plumsense with respect to such Third Party Services. The Services also depend on third-party infrastructure and networks outside our control, including cloud hosting providers, cellular carriers, SMS aggregators, LoRaWAN network infrastructure, and internet service providers. Plumsense is not responsible for failures, delays, or outages of such third-party infrastructure and networks.

6. PAYMENT TERMS

We will charge you pursuant to the terms as provided at the time of purchase, subscription and/or enrollment. We will continue to charge you for your Plan, including any Add-Ons if and as applicable. Plumsense reserves the right to increase fees at the time of any subscription term renewal. Except as otherwise stated in a signed agreement, fees are exclusive of taxes, which are your responsibility (excluding taxes based on Plumsense’s income). Except as expressly provided in these Terms or required by applicable law, all fees and other amounts paid are non-refundable.

7. CANCELLATION; TERMINATION

Termination by You. You may terminate your account at any time without cause. All fees are non-refundable. If you elect to cancel during a subscription term, you will not be issued any refunds or credits for any prepaid or remaining portion of the subscription term, any unpaid fees for the remainder of the subscription term will remain due and payable, and you will continue to have access to the Services until the end of the current term of your Plan. Termination by Us. We may restrict functionality of the Services or temporarily suspend your account if we reasonably believe that you have violated these Terms. Unless we believe the need to restrict or suspend access is time-sensitive and requires immediate action without notice, or we are prohibited from providing notice under law or legal order, we will use commercially reasonable efforts to notify you by email prior to such suspension. We will not be liable to you or any third parties for any of the foregoing actions. We may terminate your account and use of the Services for any of the following reasons: (i) you fail to comply with these Terms, (ii) you do not pay your fees in accordance with the payment terms under your Plan, (iii) at the expiration of the subscription period of your Plan if we provide prior written notice to you, (iv) you become the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors, or (v) if we reasonably determine you are acting or have acted in a way that could present substantial reputational harm to Plumsense or our current or prospective partners or customers. In no event will any termination by us for the foregoing reasons entitle you to any refunds of any prepaid and unused fees or relieve you of your obligation to pay any fees payable to us prior to the date of termination, and any unpaid fees under your Plan will become immediately due and payable. Any suspected fraudulent, abusive, hateful, discriminatory or illegal activity may be grounds for immediate termination of your use of the Services and may be referred to law enforcement authorities. Effect of Suspension. During any period of suspension of your account or the Services (including suspension for non-payment), alerts and notifications will be disabled, you will not have access to the Services, and sensor data may not be collected, captured, or recoverable. You acknowledge and agree that you are responsible for using manual monitoring or other alternative means of tracking your assets and maintaining your compliance records during any period of suspension, and that Plumsense will not be liable for any loss, spoilage, or damage arising during a period of suspension. Fees will continue to accrue during periods of suspension. Post Termination. If your account is terminated, you must cease using the Services and Plumsense reserves the right to delete your account settings and Content with no liability or notice to you. Once your account settings and Content are deleted, you will not be able to recover such account settings and Content, except any Content that remains on Third Party Services pursuant to the terms and conditions of such Third Party Services. You are responsible for exporting any data or compliance records you wish to retain before termination. Your subscription may be subject to additional early termination fees as specified at the time of subscription and/or termination. You must return any Products provided to you in connection with such terminated Services if so requested by Plumsense. If such Products are not returned to Plumsense within fourteen (14) days of termination of subscription, you may be subject to additional device termination fee(s) as indicated at the time of subscription and/or termination. Your account will be charged for all such early termination and/or device fees at the time of termination or upon expiry of such device return period, as applicable.

8. YOUR USE OF THE PRODUCTS AND SERVICES

You agree not to, nor authorize or permit any User or third party to: (a) license, sublicense, sell, rent, lease, or otherwise permit third parties to use the Services; (b) circumvent or disable any security or other technological features or measures of the Services; (c) reverse engineer, decompile, or disassemble any element of the Services, including any Plumsense hardware, firmware, or software, or use the Services to compete with the Services; (d) modify, adapt or present the Services to falsely imply any sponsorship or association with Plumsense; (e) use the Services in any manner that interferes with or disrupts the integrity or performance of the Services or the components of the Services; (f) use the Services to post, upload, link to, send or store any Content that is defamatory, libelous, fraudulent, derogatory, abusive, unlawful, hateful, harassing, violent, threatening, racist, or discriminatory; (g) use the Services to post, upload, link to, send, distribute, or store any Content that contains any viruses, malware, Trojan horses, ransomware, or any other similar harmful software; (h) use the Services to post, upload, link to, send, distribute, or store any Content that is material protected by copyright, trademark, or any other proprietary right without first having obtained all rights, permissions, and consents necessary to make such Content available on or through the Services and to grant Plumsense the limited right to use Content as set forth in these Terms; (i) attempt to use any method to gain unauthorized access to any paid or restricted features of the Site or Applications or to the Services and their related systems or networks; (j) use automated scripts to collect information from or otherwise interact with Third Party Services or the Services; (k) deep-link to the Site (other than Plumsense’s home page) for any purpose, unless expressly authorized in writing by Plumsense; (l) impersonate any other user of the Services; or (m) use the Services in violation of applicable law or any acceptable use policy, terms of use or any similar policy or terms of Third Party Services. By accessing or using the Services, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Services. Our Services are not intended to hold any Sensitive Information. You represent and warrant that you will not use our Services to transmit, upload, collect, manage, or otherwise process any Sensitive Information. WE WILL NOT BE LIABLE FOR ANY DAMAGES THAT MAY RESULT FROM YOUR USE OF OUR PRODUCTS IN TRANSMITTING, COLLECTING, MANAGING, OR PROCESSING ANY SENSITIVE INFORMATION. “Sensitive Information” means any passwords, credit card or debit card information, personal financial account information, personal health information, social security numbers, passport numbers, driver’s license numbers, employment records, physical or mental health condition or information, any information that would classify as “Special Categories of Information” under EU data protection laws, or any other information that would be subject to the Health Insurance Portability and Accountability Act (HIPAA), the Payment Card Industry Data Security Standards (PCI-DSS), or other laws, regulations, or industry standards designed to protect similar information. Although we do not monitor content published through our Services and are not responsible for any content published through our Services, we reserve the right to delete, edit, or move messages or materials that we deem necessary to be removed, including, but not limited to, public postings, advertisements, and messages.

9. CUSTOMER RESPONSIBILITIES

You acknowledge and agree that you are responsible for: (a) Installation and placement. Installing and positioning sensors, gateways, and other Products in accordance with Plumsense’s documentation and instructions; (b) Power and connectivity. Maintaining electrical power and network connectivity at your facilities (including internet, cellular, or gateway uptime) sufficient for the Services to operate; (c) Calibration and maintenance. Calibrating and maintaining sensors in accordance with the recommended calibration schedule, and replacing batteries and end-of-life hardware in a timely manner; (d) Alert configuration. Configuring alert thresholds, recipients, escalation contacts, and notification channels appropriate to your operations, and keeping such contact information current; (e) Alert response. Monitoring and responding to alerts, and independently verifying actual conditions before taking or forgoing action; and (f) Regulatory compliance. Your own compliance with all laws, regulations, and standards applicable to your operations. The Services are a tool that supports your compliance program; you remain solely responsible for compliance with all applicable requirements, including without limitation HACCP plans, the FDA Food Code, the Food Safety Modernization Act (FSMA) and its recordkeeping requirements, state and local health codes, USP standards, CDC and VFC vaccine storage and handling requirements, and GDP/GMP guidelines. Use of the Services does not constitute, and is not a substitute for, a food safety plan, quality program, or regulatory approval, and Plumsense does not provide legal or regulatory advice; and (g) Initial Setup and Handover. Where Plumsense (or its authorized partner) performs installation, configuration, alert setup, or user onboarding services on your behalf — including installing and configuring sensors and gateways, setting alert thresholds and notification rules, and sending user invitations — such services are performed based on the information, contact details, and requirements you provide, and you are responsible for the accuracy and completeness of that information. Upon completion of setup and handover of the Services to you (or, if earlier, your first productive use of the Services), you are solely responsible for: (i) reviewing, testing, and verifying all configurations, alert thresholds, notification recipients, and escalation settings; (ii) ensuring that each invited user accepts their invitation, completes registration, and is able to access the Services and receive alerts — Plumsense is not responsible for alerts or notifications not received by any user who has not accepted an invitation, completed registration, or maintained accurate and current contact information; and (iii) all ongoing administration and maintenance of your account, including adding, removing, and updating users and notification recipients as your personnel change, adjusting alert configurations as your operations change, and re-verifying alert delivery after any change to users, contact information, network configuration, or equipment. Setup and configuration services are deemed accepted by you upon handover unless you notify us in writing of a material deficiency within ten (10) days of handover.

10. MONITORING LIMITATIONS; NO LIFE-SAFETY USE

THE SERVICES ARE A MONITORING AND ALERTING AID ONLY. THEY ARE NOT A GUARANTEE AGAINST PRODUCT LOSS, SPOILAGE, EQUIPMENT FAILURE, OR REGULATORY NON-COMPLIANCE. You acknowledge that wireless monitoring is subject to inherent limitations, including: sensor accuracy tolerances and drift; radio interference and signal obstruction; loss of power, internet, or cellular connectivity; hardware failure; delays or failures in data transmission or alert delivery (including SMS, email, and push notification delays outside our control); and scheduled or emergency maintenance. ALERTS AND NOTIFICATIONS MAY BE DELAYED, UNDELIVERED, OR UNAVAILABLE. The Services are not a substitute for routine physical inspections, manual temperature checks required by your regulatory program, redundant safeguards, or human oversight, and you agree to maintain reasonable backup procedures and contingency plans. The Services and Products are not a medical device, life-safety system, fire or security alarm, or emergency notification service, and must not be used as the sole means of protecting human health or safety, or in any application where failure or unavailability of the Services could lead to personal injury or death. Nothing provided through the Services constitutes medical advice, diagnosis, or treatment.

11. SMS TERMS & CONDITIONS

1. Program description. By opting in, you agree to receive two-factor authentication (2FA) and account verification text messages from Trivedi Advanced Technologies LLC d/b/a Plumsense at the mobile number you provided.
2. Consent is optional. Consent to receive SMS is not a condition of using the Services. You can create and use your account without providing a phone number or checking the SMS consent box.
3. Message frequency. Message frequency varies based on your account activity (for example, each login verification).
4. Fees. Message and data rates may apply. Contact your wireless carrier with questions about your text or data plan.
5. Opt-out. Reply STOP at any time to cancel. After you send STOP, you will receive one final message confirming your opt-out. If you opt out, you may need to use an alternative verification method to access your account.
6. Help. Reply HELP for assistance, or contact us at support@plumsense.com.
7. Carrier liability. Carriers are not liable for delayed or undelivered messages.
8. Privacy. Mobile information and SMS opt-in data are handled as described in our Privacy Policy, available at https://www.plumsense.com/privacy-policy/. Text messaging originator opt-in data and consent will not be shared with any third parties.

12. CONFIDENTIAL INFORMATION

For the purpose of these Terms, “Confidential Information” means non-public information disclosed by either party to the other party, either directly or indirectly, in writing, orally, or to which the other party may have access, which (i) a reasonable person would consider confidential, or (ii) is marked “confidential” or “proprietary” or some similar designation by the disclosing party. Confidential Information will not, however, include any information that (i) was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party; (ii) becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party other than as a result of a violation of these Terms by the receiving party; (iii) is already in the possession of the receiving party at the time of disclosure by the disclosing party; (iv) is obtained by the receiving party from a third party without a breach of the third party’s obligations of confidentiality; or (v) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information. The receiving party shall not disclose, use, transmit, inform or make available to any entity, person or body any of the Confidential Information, except as a necessary part of performing its obligations under these Terms, and shall take actions reasonably necessary and appropriate to prevent the unauthorized disclosure of the Confidential Information, at all times exercising at least a reasonable level of care. Each party agrees to restrict access to the Confidential Information of the other party to those employees, advisors, agents and other representatives who require access in order to perform its obligations under these Terms.

13. DATA PRIVACY

We access your data to enable us to respond to your service requests and as necessary to provide you with the Applications and Services. We share your data with third parties if required by law, permitted by you, or pursuant to our Privacy Policy, which is available at https://www.plumsense.com/privacy-policy/ and incorporated into these Terms. You agree to all actions that are taken with respect to your data that are consistent with our Privacy Policy. Mobile phone numbers and text messaging opt-in data and consent will not be shared with any third parties, as further described in our Privacy Policy.

14. INTELLECTUAL PROPERTY

Services. We own and retain all rights, title, and interest in and to all Products and Services along with all patents (issued and pending), inventions, copyrights, trademarks, domain names, trade secrets, know-how, and any other intellectual property and/or proprietary rights (“Intellectual Property Rights”) related to the Services, including all hardware designs, firmware, and software. Your use of the Services under these Terms does not give you additional rights in the Services or ownership of any Intellectual Property Rights associated with the Services. Subject to your compliance with and limitations set forth in these Terms and upon your subscription to the Services, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services and Applications for your internal business purposes during your subscription term. Documentation and Training Materials. All user guides, manuals, installation and configuration instructions, best-practice documents, standard operating procedures, training materials and courses, videos, knowledge-base articles, technical bulletins, and similar materials that we provide or make available in any form (collectively, “Documentation”) are Plumsense’s Confidential Information and copyrighted works, and all Intellectual Property Rights in the Documentation remain with Plumsense. Documentation is provided solely for use by you and your authorized Users within your organization in connection with your permitted use of the Products and Services. You may make a reasonable number of copies of the Documentation for your internal use only. You shall not, and shall not permit any User or third party to, publish, post publicly, distribute, disclose, sell, sublicense, or otherwise share any Documentation outside of your organization — including, without limitation, to any competitor of Plumsense — without Plumsense’s prior written consent, and you shall not remove, obscure, or alter any proprietary notices on any Documentation. These restrictions survive any termination of these Terms. Feedback and Suggestions. Although you are not required to provide feedback or suggestions, you assign to us all of your worldwide right, title and interest in and to any and all feedback, suggestions, requests, recommendations, or other comments that you provide to us regarding our Services, including all Intellectual Property Rights therein. You shall, upon the request of Plumsense, its successors or assigns, execute any and all documents that may be deemed necessary to effectuate this assignment. You also agree to waive any right of approval for our use of the rights granted herein and agree to waive any moral rights that you may have in any feedback, suggestions, or other comments, even if it is altered or changed in a manner not agreeable to you. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this section. Our receipt of your feedback, suggestions, and other comments is not an admission of their novelty, priority, or originality, and it does not impair our right to any existing or future Intellectual Property Rights. Statistical Data. You acknowledge and agree that we have a right to own and complete statistical analyses on your data and information resulting from your or your Users’ use of the Services (other than any personally identifiable data), including aggregated and de-identified sensor and performance data. We collect such data pursuant to our Privacy Policy and may use it for any lawful purpose and without a duty of accounting to you. DMCA. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that content or material on the Services, the Applications or Site or any of its web properties hosted on the Site infringes a copyright owned by you, you (or your agent) may send Plumsense’s DMCA agent a notice requesting that the material be removed, or access to it blocked. This request should be sent to: support@plumsense.com or, alternatively, to: Trivedi Advanced Technologies LLC, Attn: DMCA Registered Agent, 107 Otis St., Northborough, MA 01532 USA. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the website should be sent to the address above.

15. WARRANTY

THE APPLICATIONS AND PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES, GUARANTEES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND, EXCEPT AS EXPRESSLY SET FORTH IN A SEPARATE WRITTEN HARDWARE WARRANTY OR SIGNED AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, DESIGN, TITLE, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE CANNOT AND DO NOT WARRANT THAT THE APPLICATIONS AND PRODUCTS WILL BE UNINTERRUPTED, AVAILABLE, ACCESSIBLE, SECURE, TIMELY, ACCURATE, COMPLETE, FREE FROM VIRUSES, OR ERROR-FREE, OR THAT ALERTS OR NOTIFICATIONS WILL BE DELIVERED. PLUMSENSE DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK OR ANY OTHER ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, DATA NOT WITHIN PLUMSENSE’S REASONABLE CONTROL. PLUMSENSE MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES OR PRODUCTS, OR YOUR USE OF THEM, WILL SATISFY ANY FEDERAL, STATE, LOCAL, OR INTERNATIONAL REGULATORY REQUIREMENT OR STANDARD APPLICABLE TO YOUR OPERATIONS. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE WHETHER THE SERVICES MEET THE REQUIREMENTS OF ANY REGULATORY AUTHORITY OR PROGRAM APPLICABLE TO YOU.

16. INDEMNIFICATION

Your failure to comply with any of your obligations set forth in these Terms shall be considered a breach of these Terms. You agree to defend, indemnify, and hold harmless Plumsense and its officers, directors, employees, agents, successors, and assigns from any and all third party claims, losses, demands, liabilities, damages, settlements, expenses, and costs (including attorneys’ fees and costs), arising from, in connection with, or based on allegations of: (i) your or your Users’ breach of these Terms; (ii) your or your Users’ use of Third Party Services; (iii) your Content; (iv) your products, facilities, or operations, including any food safety, health, spoilage, or regulatory incident or claim; or (v) your failure to maintain backup procedures, respond to alerts, or comply with applicable laws and regulations.

17. LIMITATION OF LIABILITY

NEITHER PARTY NOR ITS AFFILIATES WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO THE OTHER PARTY, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, REVENUE, BUSINESS, OR DATA; BUSINESS INTERRUPTION; LOSS OF GOODWILL OR REPUTATION; SPOILED, DAMAGED, CONTAMINATED, OR LOST PRODUCT, INVENTORY, PHARMACEUTICALS, VACCINES, OR OTHER PERISHABLE GOODS; COST OF SUBSTITUTE GOODS OR SERVICES; OR REGULATORY FINES, PENALTIES, OR SANCTIONS, REGARDLESS OF WHETHER THE PARTY IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING OR ANY LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF PLUMSENSE AND OUR RESPECTIVE AFFILIATES ARISING OUT OF OR RELATED TO THESE TERMS (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL AMOUNT PAID BY YOU TO PLUMSENSE UNDER THE APPLICABLE PLAN DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL NOT IN ANY WAY LIMIT YOUR PAYMENT OBLIGATIONS UNDER SECTION 6 ABOVE. THE LIMITATION OF LIABILITY PROVIDED FOR HEREIN WILL APPLY IN AGGREGATE TO YOU AND YOUR AFFILIATES. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY PLUMSENSE TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. State Prohibition of Limitation of Liability and Disclaimer of Implied Warranties. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. IN THESE STATES, EACH PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

18. MISCELLANEOUS

Updates To Terms. We may revise and update these Terms from time to time, in our sole discretion. Any changes we make to these Terms are effective immediately when we post them. We will provide notice to the account owner designated on the account of any material changes. Continued use of our Services after we provide you notice of the updated Terms shall constitute acceptance of the updated Terms. Export Compliance and Anti-Corruption. The Services may be subject to export laws and regulations of the United States and other jurisdictions. You represent that you are not named on any U.S. government denied-party list. You will not permit Users or any other third party to access or use the Services in a country subject to a U.S. government embargo or in violation of any U.S. export law or regulation. You further represent that you have not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value in connection with your purchase or use of our Services (excluding any reasonable gifts and entertainment provided in the ordinary course of business). Assignability. Neither party may assign its rights, duties, and obligations under these Terms without the other party’s prior written consent, which consent will not be unreasonably withheld or delayed, except that Plumsense may assign these Terms, and the licenses granted to Plumsense under these Terms, without your consent to a successor (including a successor by way of merger, acquisition, sale of assets, or operation of law) if the successor agrees to assume and fulfill all of Plumsense’s obligations under these Terms. Notices. Except as otherwise specified in these Terms, any notices under these Terms must be sent to Plumsense by email to support@plumsense.com, with a duplicate copy sent via registered mail (return receipt requested) to: Trivedi Advanced Technologies LLC, 107 Otis St., Northborough, MA 01532 USA. Any notices under these Terms that are sent to you shall be sent via email to the named account owner of your Plumsense account. You are responsible for maintaining the accuracy of the email address and other contact information of your named account owner within the Application. Force Majeure. Plumsense will not be liable for, or be considered to be in breach of or default under these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond its reasonable control, including without limitation natural disasters, power or telecommunications failures, carrier or cloud provider outages, labor disputes, and acts of government, so long as it uses commercially reasonable efforts to avoid or remove the causes of non-performance. Governing Law. These Terms will be interpreted, construed, and enforced in all respects in accordance with the local laws of the Commonwealth of Massachusetts, U.S.A., without reference to its choice of law rules and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods. Venue. In circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflict of law rules. Under such limited circumstances, each party hereby expressly and irrevocably consents to the exclusive jurisdiction and venue of the federal, state, and local courts located in the Commonwealth of Massachusetts in connection with such an action. Agreement to Arbitrate Disputes; Class Action Waiver. You and Plumsense agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate Plumsense’s Intellectual Property Rights or Payment Terms. In all other cases, both parties hereby agree to submit to arbitration administered by JAMS under its Commercial Arbitration Rules with one (1) arbitrator, conducted in the Commonwealth of Massachusetts. You agree that an arbitrator cannot award punitive damages to either party and to abide by and perform any award rendered by the arbitrator. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, AND THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS. YOU AND PLUMSENSE EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. Either party may bring an individual claim in small claims court. You may opt out of this Agreement to Arbitrate Disputes by sending written notice of your decision to opt out to support@plumsense.com within thirty (30) days of first accepting these Terms; if you opt out, the Venue provision above will govern any disputes. Limitation of Actions. Except where prohibited by applicable law, any claim or cause of action you may have arising out of or relating to these Terms, the Services, or the Products must be commenced within one (1) year after the claim or cause of action accrues; otherwise, such claim or cause of action is permanently barred. Waiver and Severability. The waiver by Plumsense of any term or condition set out in these Terms shall not be deemed a further or continuing waiver of any other provision of these Terms, and any failure of Plumsense to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, unenforceable, or illegal for any reason, such provision shall be limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. If the class action waiver above is found to be unenforceable, then the entirety of the Agreement to Arbitrate Disputes shall be null and void. Entire Agreement. Except for any separate signed agreement between you and Plumsense (including any Master Services Agreement, subscription agreement, statement of work, or purchase order, which will control to the extent of any conflict), these Terms are the final and complete expression of the agreement between the parties regarding your use of the Services, Site and Applications. These Terms supersede, and the terms of these Terms govern, all previous oral and written communications regarding these matters, all of which are merged into these Terms. Independent Contractor. Nothing herein contained shall be so construed as to constitute the parties as principal and agent, employer and employee, partners or joint venturers, nor shall any similar relationship be deemed to exist between the parties. Neither party shall have any power to obligate or bind the other party, except as specifically provided herein. Survival. Sections 6, 7, 8, 9, 10, 12, 14, 15, 16, 17, and 18 will survive any termination of these Terms.

CONTACT

Trivedi Advanced Technologies LLC d/b/a Plumsense 107 Otis St., Northborough, MA 01532 USA Email: support@plumsense.com Our Privacy Policy is available at https://www.plumsense.com/privacy-policy/.