TERMS & CONDITIONS

These Terms & Conditions ("Terms") constitute a legally binding agreement between Eye Spy Surveillance ("Company," "we," "us," or "our"), a sole proprietorship owned and operated by Sukhu Singh, located at 839 SE 36th St, Battle Ground WA 98604, and you ("Client," "you," or "your"), the individual or entity leasing Towers or using Services.

By signing a Lease Agreement, leasing Eye Spy Elite mobile surveillance towers ("Towers"), or using any related services ("Services"), you unconditionally accept and agree to be bound by these Terms in their entirety. These Terms, together with any signed Lease Agreement, form the complete and exclusive agreement between the parties and supersede all prior or contemporaneous understandings, whether oral or written.

1. Services Provided

The Company provides lease of Eye Spy Elite Towers (fully portable, solar- and battery-powered surveillance units requiring no hardwired connections) and associated Services including delivery, installation, maintenance, relocation, removal, cellular data connectivity, cloud storage/streaming, automated alerts, and complimentary nighttime monitoring (10 PM–6 AM local time, subject to availability).
Towers and all components remain the exclusive property of the Company at all times.
Complimentary monitoring is a courtesy service provided through third-party operators. It is not guaranteed, continuous, or infallible.

2. Lease Term & Termination

The lease commences upon delivery and continues on a month-to-month basis unless otherwise specified in the Lease Agreement.
Either party may terminate with 30 days' written notice.
Upon termination, Client shall provide immediate access for Tower removal. Failure to provide access incurs a $500 per Tower delay fee plus ongoing monthly charges until removal.
Company may terminate immediately for breach (including non-payment, misuse, or damage).

3. Payment & Fees

Rates as stated in the Lease Agreement.
Payments due on the 1st of each month via approved methods.
Late payments incur a $50 fee after 5-day grace period, plus 1.5% monthly interest.
All payments are non-refundable except as required by applicable law.
Client responsible for all taxes, duties, and fees.
Company may adjust rates with 60 days' notice.

4. Client Obligations

Provide safe, unobstructed access for delivery, installation, maintenance, relocation, and removal.
Protect Towers from damage, vandalism, theft, or unauthorized access.
Immediately report any damage, malfunction, or security incident.
Maintain comprehensive insurance covering Towers (minimum $10,000 replacement value per Tower) and name Company as additional insured/loss payee.
Not modify, tamper with, or grant third-party access to Towers without written consent.

5. Risk of Loss & Damage

Risk of loss passes to Client upon delivery.
Client is solely responsible for any loss, theft, damage, or destruction of Towers from any cause (including negligence, vandalism, weather, or accident).
Client shall reimburse Company for full replacement cost plus labor/shipping if Towers are damaged, lost, or stolen.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Company's aggregate liability for any claim (contract, tort, negligence, strict liability, or otherwise) shall not exceed the total fees paid by Client in the three (3) months preceding the claim.
Company shall not be liable for indirect, consequential, incidental, special, punitive, or exemplary damages, including lost profits, revenue, data, goodwill, or business interruption.
Company is not liable for:
- Failure to prevent or detect crime, intrusion, theft, or loss.
- False alarms, missed events, or monitoring errors.
- Injuries, death, or property damage from Tower use, deterrence features (lights/speaker), or third-party actions.
- Data loss, privacy breaches, or cyber incidents (despite reasonable security measures).
- Acts of God, weather, power outages, cellular failure, or Force Majeure events.

7. Indemnification

Client shall indemnify, defend, and hold harmless Company, its owner, employees, agents, and affiliates from any third-party claims, demands, losses, damages, liabilities, costs, or expenses (including reasonable attorney fees) arising from:
- Client's use or misuse of Services/Towers.
- Injuries or death to any person on Client's site.
- Property damage related to Tower placement or operation.
- Breach of these Terms or applicable laws.
- Any act or omission by Client or Client's personnel, guests, or invitees.

8. Monitoring Disclaimer

Complimentary monitoring is provided "as-is" with no warranty of accuracy, timeliness, or effectiveness.
Company and its third-party monitoring providers are not liable for failure to detect events, delayed response, misidentification, or any consequences thereof.
Monitoring does not constitute a guarantee of safety or prevention of loss.

9. Safety & Warnings

Towers include flashing lights and audible speakers for deterrence — these may cause discomfort, distraction, or startle.
Client shall warn all persons on site of potential hazards (flashing lights, loud audio, elevated mast).
Company is not liable for injuries from deterrence features, mast movement, or unauthorized interaction with Towers.

10. Insurance Requirements

Client must maintain:
- General liability insurance ($1,000,000 minimum per occurrence).
- Property insurance covering Towers at full replacement value.
Company named as additional insured and loss payee.
Proof of insurance required before delivery.

11. Intellectual Property & Data

All intellectual property in Towers, software, and Services remains Company property.
Client granted revocable, non-transferable license for use during active lease only.
Recordings belong to Client, but Company may access for maintenance/support.

12. Governing Law & Dispute Resolution

Governed by Oregon law (excluding conflicts).
Exclusive venue: state/federal courts in Multnomah County, Oregon.
Disputes: Mandatory good-faith negotiation (30 days), then binding arbitration in Portland, OR under AAA Commercial Rules (single arbitrator, no class actions). Prevailing party recovers reasonable attorney fees and costs.

13. Additional Protections

No Warranty: Services and Towers are provided "as-is" with no warranties (express or implied) of merchantability, fitness for purpose, or non-infringement.
Force Majeure: No liability for delays/failures from uncontrollable events (weather, strikes, supply issues, etc.).
Third-Party Services: Cellular, cloud storage, and monitoring rely on third parties — no liability for their failures.
Site Conditions: Client warrants site is safe/appropriate for Tower placement. Company not liable for damage from unsuitable ground, overhead obstructions, or environmental factors.
Privacy & Recording Laws: Client solely responsible for compliance with recording/privacy laws (e.g., audio consent, signage). Company not liable for violations.
Unauthorized Use: Client liable for any unauthorized access or misuse by its employees/guests.
Relocation by Client: Prohibited without Company approval — damage during unauthorized move is Client responsibility.

14. Miscellaneous

Entire Agreement: These Terms + Lease Agreement supersede all prior understandings.
Severability & Survival: Invalid provisions severed; liability/indemnity clauses survive termination.
No Waiver: Failure to enforce is not waiver.
Assignment: Company may assign freely; Client may not without consent.
Force Majeure: No liability for delays beyond control.
Amendments: Only in writing signed by Company.

These Terms allocate risk fairly and limit liability to the fullest extent permitted by law. Contact care@eyespysecure.com for clarification.

Acceptance: Continued use of Services constitutes acceptance of these Terms.