RACO Monitoring Center

Terms of Service

Effective Date: January 7, 2026

These Terms of Service (“Terms”) govern access to and use of the RACO Monitoring Center, including all related web applications, cloud services, notification services, firmware integrations, and documentation (collectively, the “Services”), provided by RACO Manufacturing and Engineering (“RACO,” “we,” or “us”).

By accessing or using the Services, the customer entity (“Customer”) agrees to be bound by these Terms.

0. Definitions

“Customer” means the legal entity that has purchased, licensed, or otherwise authorized use of the Services and on whose behalf access to the Services is provided.

“Services” means the RACO Monitoring Center, including all related web applications, cloud services, alarm notification services, device firmware, configuration tools, APIs, documentation, and any associated functionality made available by RACO.

“Devices” means RACO-manufactured or RACO-authorized hardware products, including remote terminal units, monitoring devices, and associated components that connect to or interact with the Services.

“Alarm” or “Alarm Notification” means an event, message, signal, or notification generated based on Customer-configured conditions and transmitted through the Services via supported channels.

“Relay Control” means any functionality that allows the Services or Devices to issue electrical, logical, or software-based control signals, including through relay outputs or similar interfaces, to Customer-owned equipment.

“Order Form” means any quote, purchase order, order confirmation, or other written agreement referencing these Terms under which Customer purchases Devices or subscribes to the Services.

“User” means an individual authorized by Customer to access or use the Services on Customer’s behalf.

1. Nature and Scope of the Services

The RACO Monitoring Center is a supplemental remote monitoring and alarm notification platform intended to assist Customer personnel in awareness of conditions reported by Customer-owned equipment.

Alarm conditions are detected and evaluated locally on Customer-owned Devices, after which alarm events may be transmitted to RACO’s backend systems for logging and notification routing using third-party communication and notification services.

The Services include the ability to:

1. Receive input signals, measurements, and status information from Customer-connected sensors, power sources, and equipment, as configured by Customer
2. Process alarm conditions based on Customer-defined logic and configuration parameters
3. Route notifications via supported channels
4. Provide historical alarm, event visibility, and telemetry

The Services may, when expressly configured by Customer, issue control signals or commands to Customer equipment (including through relay outputs or similar interfaces). Any control or relay functionality is ancillary to the Services’ primary monitoring and notification purpose and does not constitute supervisory control, automation, or closed-loop control of Customer equipment or processes.

Customer retains sole responsibility for system design, configuration, validation, operation, and supervision of all equipment and processes. RACO does not assume operational control, supervisory responsibility, or duty of care for Customer facilities, infrastructure, or processes.

RACO does not provide system design, application engineering, or site-specific recommendations, and makes no representation regarding suitability for any particular project or installation.

2. No Public Safety or Emergency Function

The Services are not a life-safety, emergency response, or dispatch system and are not intended to replace or satisfy any regulatory, safety, or operational requirements.

The Services must not be relied upon as a substitute for:

1. SCADA safety interlocks
2. Local alarms or annunciators
3. Manual operator supervision
4. Emergency response procedures
5. Redundant or fail-safe control systems

Customer acknowledges that alarm notifications may be delayed, incomplete, duplicated, or not delivered.

Customer is responsible for complying with all applicable regulatory, environmental, safety, and operational requirements.

Nothing in these Terms creates any obligation for RACO to monitor, respond to, or intervene in Customer operations.

3. Customer Responsibilities

Customer is solely responsible for:

1. Engineering, installation, configuration, testing, and maintenance of all equipment and systems
2. Verification of alarm logic, thresholds, delays, escalation paths, and notification recipients
3. Ensuring adequate staffing, response procedures, and training
4. Providing redundancy and safeguards independent of the Services

Customer agrees that it is solely responsible for ensuring that the Services are not relied upon as the sole means of detecting or responding to critical or hazardous conditions.

4. Acceptable Use and Prohibited Use

4.1 Acceptable Use

Customer’s use of the Services is subject to the restrictions set forth in Exhibit A (Acceptable Use Policy).

4.2 Prohibited Use

The following prohibitions are in addition to those set forth in Exhibit A.

Customer shall not use the Services in any manner that:

Life-Safety or Emergency Reliance

1. Uses the Services as a life-safety system
2. Uses the Services as an emergency response or dispatch system
3. Relies on the Services as the sole means of detecting or responding to hazardous conditions

Sole Control or Automation

1. Uses the Services as the primary or sole control system for equipment or infrastructure
2. Relies exclusively on alarms or relay controls for critical operational decisions
3. Bypasses or replaces required safety interlocks, fail-safe mechanisms, or operator oversight

Safeguard Bypass or Unsafe Configuration

1. Disables or weakens existing safety systems
2. Configures alarms or relay logic in a manner that introduces unreasonable operational risk
3. Uses relay control features for safety-critical actions without independent verification

Hostile or Unauthorized Network Activity

1. Probes, scans, or compromises systems or networks
2. Introduces malware, denial-of-service activity, or malicious traffic
3. Attempts to bypass authentication or security controls
4. Interferes with other devices, networks, or services

4.3 Enforcement

RACO may suspend, restrict, or terminate access to the Services or specific features upon becoming aware of prohibited use or reasonably suspected prohibited use.

5. Alarm Notification Disclaimer (Contractual)

Alarm notifications are provided on a best-effort basis only, subject to the limitations described in Exhibit B (Alarm Disclaimer).

Customer acknowledges that the Services are intended to supplement, and not replace, local controls, on-site alarms, operator supervision, and emergency procedures.

6. Click-Through Alarm Disclaimer (Web App Acknowledgment)

Customer acknowledges that users may, at RACO’s discretion, be required to affirmatively accept an alarm disclaimer within the web application.

Acceptance may be logged with timestamp, user identity, and organization identity and shall have the same effect as acceptance of these Terms.

These Terms are accepted upon account creation, device activation, or continued use of the Services.

7. Relay Control Disclaimer

Certain devices and Services support relay control features. Relay control functionality is not intended to provide supervisory control, automated decision-making, or closed-loop control and must not be construed as a replacement for SCADA systems, safety interlocks, or operator supervision.

Customer acknowledges that relay control functionality is subject to the limitations described in Exhibit C (Relay Control Disclaimer) and must not be used as the sole or primary means of controlling safety-critical or mission-critical equipment.

Customer remains solely responsible for verifying actual equipment state through independent means. RACO does not monitor or confirm the physical outcome of any relay control action.

8. Service Availability and Performance

8.1 Availability Target (Non-Binding)

Service availability and performance expectations are described in Exhibit D (Service Availability Statement).

Any availability targets are informational only and do not constitute a service level agreement unless expressly agreed to in writing.

8.2 No Guaranteed Response or Delivery Time

RACO does not guarantee, including without limitation:

1. Alarm processing time
2. Notification delivery time
3. Event ordering
4. Continuous or uninterrupted availability
   
   

8.3 Offline and Degraded Operation

Customer acknowledges that:

1. Events may queue during connectivity outages
2. Queued events may be delayed or delivered out of sequence
3. Some events may be lost during prolonged outages
   
   

9. Third-Party Dependencies

The Services rely on third-party providers including cellular carriers, internet providers, cloud infrastructure, and notification services.

RACO is not responsible for failures, delays, or outages caused by third parties.

10. Force Majeure

RACO shall not be liable for any failure or delay in performance resulting from events beyond its reasonable control, including but not limited to natural disasters, acts of God, fire, flood, earthquake, power outages, telecommunications or carrier failures, internet service disruptions, labor disputes, acts of government, war, terrorism, civil unrest, or failures of third-party service providers.

11. Data Ownership

Customer retains ownership of Customer-generated data.

Customer grants RACO a limited right to process and store such data solely to provide and support the Services.

RACO retains ownership of the Services, software, and aggregated or anonymized system data.

12. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

RACO DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, UNINTERRUPTED OPERATION, AND ERROR-FREE ALARM DELIVERY.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

1. RACO SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
2. RACO SHALL NOT BE LIABLE FOR PERSONAL INJURY, PROPERTY DAMAGE, ENVIRONMENTAL DAMAGE, REGULATORY PENALTIES, OR CLAIMS ARISING FROM ALARM FAILURE, DELAYED OR MISSED NOTIFICATION, RELAY CONTROL ACTIONS, ENVIRONMENTAL RELEASE, OPERATIONAL DOWNTIME, OR ANY FAILURE TO DETECT, TRANSMIT, OR ACT UPON AN ALARM EVENT.
3. RACO’S TOTAL LIABILITY SHALL NOT EXCEED FEES PAID BY CUSTOMER FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM

The foregoing limitations apply regardless of the theory of liability, whether in contract, tort, negligence, or otherwise even if RACO has been advised of the possibility of such damages.

14. Indemnification

Customer agrees to indemnify, defend, and hold harmless RACO, its officers, directors, employees, and agents from and against any claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

(a) Customer’s ownership, installation, configuration, operation, or maintenance of equipment or facilities;

(b) Customer’s alarm response decisions, procedures, or failure to respond to alarms;

(c) Customer’s use of relay control or remote control functionality; or

(d) Customer’s violation of these Terms,

(e) claims arising from Customer’s failure to implement appropriate safety systems, redundancy, or response procedures independent of the Services except to the extent prohibited by law for public entities.

15. Governing Law

These Terms are governed by the laws of the State of California, subject to applicable public-entity constraints. Venue shall be determined in accordance with applicable law.

16. Dispute Resolution

Any dispute arising out of or relating to these Terms may be resolved through binding arbitration, to the extent permitted by applicable law and upon mutual agreement of the parties.

Unless otherwise required by applicable law, any such arbitration shall be conducted in the State of California.

Where arbitration is not permitted by law or not agreed by the parties, disputes shall be resolved in a court of competent jurisdiction in accordance with Section 15 (Governing Law).

17. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

18. Amendment and Waiver

These Terms may be amended or modified only by a written agreement signed by authorized representatives of both parties. The failure of either party at any time to enforce any provision of these Terms shall not be deemed a waiver of future enforcement of that or any other provision.

19. Entire Agreement

These Terms, together with applicable order forms or agreements, constitute the entire agreement regarding the Services.

EXHIBITS

Exhibit A – Acceptable Use Policy

Customer agrees not to use the Services in any manner that:

• Relies on the Services as a life-safety or emergency response system
• Uses the Services as the sole control or automation system
• Bypasses safety interlocks, safeguards, or required operator oversight
• Introduces unreasonable operational risk through configuration or misuse
• Engages in hostile, malicious, or unauthorized network activity

RACO may suspend, restrict, or terminate access upon becoming aware of violations of this policy.

Exhibit B – Alarm Disclaimer

Alarm System Limitations

The RACO Monitoring Center provides alarm notifications on a best-effort basis only.

Alarm detection, transmission, and delivery depend on factors outside of RACO’s control, including power availability, network connectivity, cellular carriers, internet services, and third-party systems.

RACO does not guarantee that alarms will be detected, transmitted, delivered, acknowledged, or acted upon in time to prevent damage, injury, environmental impact, or loss.

The Services are not a life-safety or emergency response system and must not be relied upon as such.

Exhibit C – Relay Control Disclaimer

Certain RACO devices and Services allow remote relay control, including manual, scheduled, or logic-based operation.

Relay control commands are executed on a best-effort basis only. RACO does not guarantee that a relay command will be received, executed correctly, or executed within a specific time.

Relay operation may fail due to power loss, network issues, device faults, wiring conditions, PLC behavior, or external equipment state.

Remote relay control must not be used as the sole or primary means of controlling safety-critical or mission-critical equipment.

Exhibit D – Service Availability Statement

RACO targets commercially reasonable availability of the Services, excluding scheduled maintenance, emergency maintenance, third-party outages, and force majeure events.

Availability targets are informational only and do not constitute a service level agreement (SLA).

RACO does not guarantee alarm processing time, notification delivery time, event ordering, or uninterrupted availability.