RACO Monitoring Center Terms of Service

Master Terms of Service

RACO Manufacturing & Engineering Co., Inc.

Last Updated: June 2026

IMPORTANT NOTICE

By accessing, browsing, purchasing from, or using RACO Manufacturing & Engineering Co., Inc. ("RACO," "we," "us," "our," or "Company") website, products, services, or communications, you agree to be bound by these Master Terms of Service ("Terms"). These Terms, together with any product-specific terms identified below, form the complete legal agreement between you and RACO.

Read these Terms carefully. They contain important provisions including limitation of liability, warranty disclaimers, dispute resolution, and binding arbitration. By using our Service, you acknowledge that you have read, understood, and agree to all provisions of these Terms.

If you do not agree to these Terms, do not use our Service.

1. Definitions and Scope

Defined Terms

"Service" means RACO's website (www.racoman.com), web applications, mobile applications, software products, hardware devices, cloud services, support services, and all content, features, and functionality provided through these channels.

"You" or "User" means the person or entity accessing or using the Service. If you are using the Service on behalf of a business, company, or other organization, you represent that you have authority to bind that entity to these Terms.

"Account" means your profile, login credentials, and associated data within the Service.

"Content" means any text, graphics, images, music, software, audio, video, information, or other materials that you submit to the Service.

"Subscriber Data" or "Customer Data" means data that you submit to the Service or that the Service collects on your behalf, including operational data, monitoring data, configuration data, and any personal information contained therein.

Scope of These Terms

These Master Terms apply to:

The RACO website and web properties
General customer interactions with RACO
All products and services not otherwise governed by product-specific terms (see Section 2 below)

Product-Specific Terms: Certain RACO products are governed by product-specific terms that supplement or override these Master Terms. See Section 2 for details.

2. Product-Specific Terms

The following RACO products are governed by product-specific terms of service:

AlarmAgent™

Governing Terms: AlarmAgent Terms of Service
Scope: Cloud-based alarm detection, notification services, data transmission for critical infrastructure monitoring
Key Provisions: Service level commitments, limitation of liability, third-party carrier disclaimers, subscriber responsibilities
Incorporation: The AlarmAgent ToS is incorporated by reference into these Master Terms. In the event of conflict between the AlarmAgent ToS and these Master Terms, the AlarmAgent ToS controls for AlarmAgent-specific matters.

Cellularm®

Governing Terms: Cellularm Terms of Service
Scope: Cellular connectivity services, cloud data management, subscriber data processing
Key Provisions: Service delivery, data security, breach notification, data retention, confidentiality, third-party carrier limitations
Incorporation: The Cellularm ToS is incorporated by reference into these Master Terms. In the event of conflict between the Cellularm ToS and these Master Terms, the Cellularm ToS controls for Cellularm-specific matters.

Other Products (Verbatim®, Catalyst®, Guard-It®)

Governing Terms: These Master Terms, unless supplemented by product-specific terms published on the product page
Scope: General website, support, ordering, and use of non-networked hardware and software
Incorporation: Specific terms for these products will be published on their respective product pages

Hierarchy of Terms

In case of conflict between documents, the following hierarchy applies:

Product-Specific Terms (highest priority for that product)
These Master Terms of Service
Privacy Policy and other policies (for matters not addressed in ToS)

3. Use License and Restrictions

License Grant

RACO grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or business purposes, in accordance with these Terms.

Acceptable Use

You agree to use the Service only for lawful purposes and in a way that does not infringe on the rights of others or restrict their use and enjoyment of the Service.

Prohibited Conduct:

You shall not, and shall not permit others to:

Illegal Activity: Use the Service in violation of any federal, state, local, or international law or regulation
Intellectual Property Infringement: Upload, transmit, or distribute content that infringes copyrights, trademarks, patents, or other intellectual property rights
Harmful Content: Upload, transmit, or distribute content that is abusive, harassing, threatening, defamatory, obscene, or otherwise offensive
Malicious Code: Upload, transmit, or distribute viruses, malware, ransomware, worms, or other malicious code
Security Threats: Attempt to hack, crack, disable, or impair the security or functionality of the Service or its systems
Unauthorized Access: Access or attempt to access the Service or accounts to which you have not been granted access
Denial of Service: Conduct denial-of-service attacks or other disruptions to Service availability
Spamming: Use the Service to send spam, bulk email, or unsolicited communications
Impersonation: Misrepresent your identity or the identity of any person or entity
Reverse Engineering: Attempt to decompile, reverse engineer, disassemble, or otherwise derive the source code or algorithms of the Service
Automated Scraping: Use bots, scrapers, or automated tools to extract or collect data from the Service (except as permitted by robots.txt)
Commercial Reuse: Resell, redistribute, or commercially exploit the Service without authorization
Political or Religious Content: Use the Service to promote hate speech, extremism, or discrimination on the basis of protected classes

Third-Party Content and Links

RACO may provide links to third-party websites and applications. RACO does not endorse, control, or assume responsibility for:

The content of third-party sites
Third-party privacy practices
Third-party security practices
Third-party terms of service

Your use of third-party sites is at your own risk and is governed by that third party's terms and privacy policy.

4. Intellectual Property Rights

RACO's Intellectual Property

RACO retains all right, title, and interest in:

The Service, including all software, source code, designs, and algorithms
Our logos, trademarks, service marks, and branding
Documentation, user guides, and instructional materials
All improvements, modifications, and enhancements
Any feedback or suggestions you provide about the Service

All content on the RACO website is protected by copyright, trademark, and other intellectual property laws.

Your License to RACO

By submitting Content or Subscriber Data to the Service, you grant RACO a worldwide, non-exclusive, royalty-free license to:

Use, display, and distribute your Content as necessary to provide the Service
Use data for analytics, performance improvement, and research (in aggregated or anonymized form)
Use feedback you provide to improve our products and services
Create derivative works or improvements based on your feedback

Your Intellectual Property

You retain all intellectual property rights in Content or Subscriber Data that you submit, except as necessary for RACO to provide the Service or as you have authorized in these Terms.

Restrictions on Use

Except as expressly permitted in these Terms, you shall not:

Copy, reproduce, modify, or distribute any part of the Service
Sublicense, rent, lease, or transfer the Service to third parties
Translate or create derivative works of the Service
Remove copyright, trademark, or other proprietary notices
Use the Service for any purpose other than as authorized in these Terms

5. Warranties and Disclaimers

Limited Warranties

By RACO (Tier 1): RACO warrants that:

The Service will be provided in accordance with these Terms and any applicable Product-Specific Terms
RACO will use commercially reasonable efforts to maintain Service availability
RACO will implement reasonable security measures to protect your Subscriber Data

Disclaimer of Other Warranties

EXCEPT AS EXPRESSLY PROVIDED ABOVE, RACO DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

MERCHANTABILITY: RACO does not warrant that the Service is fit for sale or trade
FITNESS FOR PARTICULAR PURPOSE: The Service may not be suitable for your specific needs or use case
ERROR-FREE OPERATION: The Service may contain bugs, errors, or interruptions
SECURITY: RACO does not guarantee that the Service is secure against all threats or that Subscriber Data will never be compromised
THIRD-PARTY SERVICES: RACO does not warrant the reliability of third-party services (e.g., cellular carriers, cloud providers)
COMPATIBILITY: RACO does not warrant compatibility with specific hardware, software, or configurations

Critical Infrastructure Warning

FOR USERS IN WATER, WASTEWATER, OR CRITICAL INFRASTRUCTURE:

RACO products are designed as supplementary monitoring and alerting tools, not as primary safety or life-safety systems
RACO products rely on third-party telecommunications carriers over which RACO has no control
YOU MUST NOT rely solely on RACO products for critical infrastructure protection or emergency response
You must implement independent backup systems, human monitoring, and emergency procedures
The Service is not a substitute for professional SCADA systems, professional monitoring services, or direct human observation

6. Limitation of Liability

Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RACO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING BUT NOT LIMITED TO:

Loss of profits, revenue, or income
Loss of business opportunity or anticipated savings
Loss of data or corruption of files
Loss of reputation or goodwill
Business interruption or downtime
Costs of alternative goods or services
Personal injury or property damage
Environmental damage or remediation costs
Regulatory fines or penalties

THIS EXCLUSION APPLIES REGARDLESS OF:

The cause of action (contract, tort, negligence, strict liability, etc.)
Whether RACO has been advised of the possibility of such damages
Whether the damages are foreseeable

Cap on Total Liability

EXCEPT FOR INDEMNIFICATION OBLIGATIONS, BREACHES OF CONFIDENTIALITY, OR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, RACO'S TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE LESSER OF:

The amount you have paid RACO in the 12 months preceding the claim, or
$100 (for website visitors with no paid relationship)

Limitations on Exclusions

In some jurisdictions, the above exclusions may not apply in full. To the extent any exclusion is unenforceable:

It will be enforced to the maximum extent permitted by law
The remainder of these Terms will remain in effect

7. Indemnification

You agree to defend, indemnify, and hold harmless RACO and its officers, directors, employees, and agents from and against any claims, demands, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

Your use of the Service in violation of these Terms
Your Content or Subscriber Data that infringes third-party intellectual property rights or violates applicable law
Your violation of any applicable law or regulation
Your violation of any third party's rights
Your negligence, willful misconduct, or fraud
Claims brought by third parties alleging harm caused by your use of the Service

This indemnification obligation applies regardless of the type of claim or legal theory.

8. Dispute Resolution and Arbitration

Applicability

Any dispute, claim, or controversy arising from or relating to these Terms, the Service, or your relationship with RACO (each, a "Dispute") shall be resolved according to this Section 8. This applies to disputes arising in contract, tort, statute, or any other legal theory.

Pre-Dispute Notice and Informal Resolution

Before initiating formal dispute resolution, you and RACO agree to attempt to resolve the Dispute informally:

Step 1: Written Notice Send a detailed written notice to:

Email: legal@racoman.com
Mail: RACO Manufacturing & Engineering Co., Inc., Legal Department, 727 Allston Way, Suite B, Berkeley, CA 94710

Your notice must include:

Your name, address, and email address
All email addresses used with our Service
Dates of relevant interactions
URLs accessed
Device type, operating system, and browser used
IP address (if known)
Detailed description of the alleged problem
The harm claimed
The legal theories on which the claim is based
Proposed resolution
If represented by counsel, the nature of your fee arrangement

Step 2: Informal Discussion Within 60 days of RACO's receipt of your notice, the parties will engage in good-faith discussions. These discussions shall include at least two principal-level meetings (by phone or video conference). The parties agree to:

Exchange relevant information
Provide substantive responses to the other party's positions
Genuinely attempt to reach a resolution

Step 3: Resolution or Escalation If the Dispute is not resolved within 60 days, either party may escalate to binding arbitration.

Binding Arbitration

Any Dispute not resolved through informal resolution shall be finally and exclusively resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules (or, if the Claimant is a consumer, the Consumer Arbitration Rules).

Arbitration Procedures:

Single Arbitrator: The arbitration shall be heard by one neutral arbitrator
Location: Venue shall be in Contra Costa County, California (or video proceedings at either party's election)
Fees: Each party bears its own attorneys' fees. Arbitration filing fees are allocated as follows:
- For consumer claims: RACO bears AAA filing fees exceeding those you would pay in small claims court
- For commercial claims: Fees are allocated according to AAA rules
Discovery: Limited discovery is permitted as authorized by the AAA rules
Confidentiality: Arbitration proceedings are confidential
Judgment: The arbitrator's award is final and binding and may be enforced in any court of competent jurisdiction

Class Action Waiver

YOU AND RACO AGREE THAT ANY DISPUTE SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, NOT AS A CLASS MEMBER OR REPRESENTATIVE.

You may not pursue claims on behalf of a class, group, or collective
The arbitrator may not consolidate claims of multiple parties
The arbitrator may not conduct class proceedings
If this class-action waiver is found unenforceable for a particular Dispute, that Dispute shall proceed in court (not arbitration) and all other Disputes shall remain subject to arbitration

Carve-Outs from Arbitration

Notwithstanding the foregoing, the following matters shall NOT be subject to arbitration and may be brought in court:

Injunctive Relief: Claims for injunctive or equitable relief to prevent infringement of intellectual property or misappropriation of trade secrets
Small Claims Court: Claims that qualify for small claims court in your jurisdiction (each party may elect to proceed in small claims court)
Emergency Equitable Relief: Urgent requests for temporary restraining orders or preliminary injunctions while arbitration is pending

Governing Law and Venue

Governing Law: These Terms and all Disputes shall be governed by the laws of the State of California, without regard to its conflicts-of-law principles.

Venue for Non-Arbitration Claims: Any Dispute not subject to arbitration shall be brought exclusively in the state or federal courts in Contra Costa County, California. Each party consents to personal jurisdiction and venue in such courts.

Arbitration Rules and Procedures

The arbitration shall be conducted under the AAA's applicable Rules, as may be updated. In the event of any conflict between these Terms and the AAA Rules, these Terms control to the extent permitted by law.

Waiver of Jury Trial

YOU AND RACO WAIVE YOUR RIGHT TO A JURY TRIAL. You agree that disputes will be decided by an arbitrator, not a jury.

Opt-Out Right

If you are a consumer and do not wish to be bound by the arbitration agreement in this Section 8, you may opt out by sending a signed, written notice to: legal@racoman.com within 30 days of first accepting these Terms. Your notice must include:

Your name and address
Your email address(es)
A clear statement that you are opting out of the arbitration agreement

If you timely opt out, all other Terms remain in effect, but neither party shall be bound by the arbitration agreement.

Additional Details

Additional details of the dispute resolution process are documented in our Legal Appendices.

9. Term and Termination

Effective Date and Duration

These Terms become effective when you first access the Service and continue until terminated.

Termination by You

You may terminate your Account and these Terms by:

Deleting your Account through your profile settings
Contacting customer support at support@racoman.com
Ceasing all use of the Service for 12 consecutive months

Termination is effective upon our receipt of your termination notice or upon confirmation through our system.

Termination by RACO

RACO may terminate your Account and these Terms immediately, without notice, if:

You breach any material provision of these Terms and do not cure within 30 days of written notice
You violate applicable law
You violate the Acceptable Use policy in Section 3
You use the Service for illegal or harmful purposes
Your payment is declined or you fail to pay within 30 days of invoice
RACO ceases providing the Service (for any reason)

RACO may also suspend your Account (without terminating) if there is reasonable suspicion of unauthorized access or fraud.

Effects of Termination

Upon termination:

Your right to use the Service immediately ceases
All licenses granted to you immediately terminate
You remain liable for any obligations accrued prior to termination (including unpaid fees)
Sections 4 (Intellectual Property), 6 (Limitation of Liability), 7 (Indemnification), and 8 (Dispute Resolution) survive termination
Within 30 days of termination, RACO will delete or return your Subscriber Data, except where retention is required by law

Survival: The following provisions survive termination indefinitely:

Intellectual Property Rights (Section 4)
Limitation of Liability (Section 6)
Indemnification (Section 7)
Dispute Resolution (Section 8)
Confidentiality (Section 10)
Governing Law (Section 8)

10. Confidentiality

Confidential Information

Each party may disclose confidential, proprietary, or sensitive information ("Confidential Information") to the other party. Confidential Information includes:

Business plans, financial information, customer lists, technical data
Source code, algorithms, software architecture
Personal data subject to privacy laws
Any information labeled "Confidential" or that reasonably should be understood as confidential

Obligations of Confidentiality

Each party agrees to:

Use Confidential Information only for purposes authorized in these Terms
Not disclose Confidential Information to third parties without prior written consent
Protect Confidential Information using the same degree of care it uses for its own confidential information (but no less than reasonable care)
Implement reasonable security measures

Exceptions

Confidential Information does not include information that:

Is publicly available (without breach of these Terms)
Was rightfully possessed prior to disclosure
Is independently developed without reference to Confidential Information
Is rightfully received from a third party without confidentiality obligations

Compelled Disclosure

If a party is compelled by law, court order, or government agency to disclose Confidential Information, the disclosing party agrees to:

Provide prompt notice to the other party (to the extent legally permitted)
Cooperate with efforts to seek protective orders
Disclose only the information legally required

11. Communications and Notices

Promotional Communications

RACO may send you promotional emails, newsletters, and product updates. You can opt out of promotional communications by:

Clicking "Unsubscribe" in any email
Updating your email preferences in your Account
Emailing privacy@racoman.com

Transactional Communications: You acknowledge that RACO will send you transactional emails (order confirmations, password resets, service notifications) regardless of your marketing preferences.

Legal Notices

RACO may provide legal notices by:

Posting on the website
Emailing to the email address on file
Mailing to the address on file
Displaying a prominent banner on the website

Notices are effective upon posting, emailing, or mailing.

Your Communications

If you contact RACO for support, you consent to RACO:

Recording phone calls (with appropriate notice)
Recording or logging chat sessions
Using your communications to improve support quality
Sharing your communications with service providers as necessary

12. Data and Privacy

These Terms work in conjunction with RACO's Privacy Policy. Please review the Privacy Policy for detailed information about data handling, privacy rights, and applicable regulations.

Key privacy-related points:

RACO collects and processes personal data as described in the Privacy Policy
For California residents, the California Privacy Notice provides additional rights
Your Subscriber Data is processed according to product-specific terms (see Section 2)
RACO implements reasonable security measures but does not guarantee absolute security
You are responsible for protecting your Account credentials

13. Fees and Payment

Pricing

Pricing for products and services is posted on the website or provided in quotes. Pricing is subject to change upon 30 days' written notice.

Invoicing and Payment Terms

Invoicing: RACO invoices you on the dates specified in your order or subscription terms
Payment Due: Invoices are due within the terms specified (typically 30 days)
Payment Methods: Credit card, ACH, wire transfer, or other methods agreed in writing
Taxes: You are responsible for all applicable sales, use, VAT, GST, and other taxes (excluding taxes on RACO's net income)

Non-Refundable Fees

Except as required by law, all fees paid to RACO are non-refundable. If you terminate your Account before the end of a billing period, you are not entitled to a refund or credit for the unused portion.

Exception: If RACO terminates your Account due to its own breach and you are a consumer with legal rights to a refund, you may be entitled to a prorated refund of prepaid fees for the period following termination.

Late Payment

If payment is more than 15 days late, RACO may suspend your Account
If payment is more than 45 days late, RACO may terminate your Account
You are responsible for all reasonable collection costs, including attorneys' fees

14. Modification of Terms

RACO may modify these Terms at any time by posting updated Terms on the website. Material changes will be notified via email or prominent website notice.

Your Acceptance:

Your continued use of the Service after notification constitutes acceptance of modified Terms
If you do not accept modified Terms, you must cease using the Service and terminate your Account

Changes are effective upon posting unless otherwise specified. RACO will not retroactively apply material changes to past conduct.

15. Severability and Waiver

Severability

If any provision of these Terms is found invalid, unlawful, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if not possible, severed from these Terms. The remaining provisions shall remain in full force and effect.

Exception: If the class-action waiver (Section 8) is found unenforceable, that provision is non-severable from the arbitration agreement, and the entire arbitration agreement may be voided.

Waiver

No waiver of any provision of these Terms is valid unless in writing and signed by an authorized representative of RACO. Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

16. Entire Agreement

These Master Terms of Service, together with:

The applicable Product-Specific Terms (Section 2)
The Privacy Policy
Any other documents expressly incorporated by reference

constitute the entire agreement between you and RACO regarding the Service and supersede all prior agreements, understandings, and negotiations (whether oral or written).

Any terms in your purchase orders, statements of work, or other documents submitted by you have no effect unless expressly accepted in writing by RACO's Legal Department.

17. Assignment

You may not assign or transfer these Terms or any rights/obligations hereunder without RACO's prior written consent.

RACO may assign these Terms to:

A parent company, subsidiary, or affiliate
A successor in the event of merger, acquisition, or sale of assets
A third-party provider of backend services (with notice to you)

Any assignment without consent is void.

18. Third-Party Beneficiaries

These Terms are intended solely for the benefit of you and RACO. No third party has any rights or claims under these Terms, except as expressly stated (e.g., indemnified parties in Section 7).

19. Force Majeure

Except for payment obligations, neither party shall be liable for failure to perform due to events beyond its reasonable control, including:

Acts of God, natural disasters, floods, earthquakes
War, terrorism, riots, civil unrest
Government actions or sanctions
Strikes or labor disputes (not involving that party's employees)
Pandemics or epidemic disease
Interruptions of utilities or services from third parties

If a force majeure event prevents RACO from providing the Service for more than 30 consecutive days, you may terminate these Terms upon written notice and receive a prorated refund of prepaid fees.

20. Export Compliance

You acknowledge that the Service and any related software may be subject to U.S. export control laws. You warrant that:

You are not located in, nor a resident of, any embargoed country
You are not on any U.S. Treasury or Commerce Department sanctions list
You will not use the Service for any prohibited end uses (weapons development, nuclear proliferation, etc.)

21. Accessibility

If you have difficulty accessing or using this Terms of Service or the Service itself due to a disability, please contact us at support@racoman.com or 1-510-658-6713, and we will make reasonable efforts to provide accommodation.

22. Contact Information

Customer Support

Email: support@racoman.com
Phone: 1-510-658-6713
Hours: Business hours, Monday–Friday, Pacific Time

Legal Notices

Email: legal@racoman.com
Mail: RACO Manufacturing & Engineering Co., Inc., Legal Department, 727 Allston Way, Suite B, Berkeley, CA 94710

Privacy Questions

Email: privacy@racoman.com
Phone: 1-510-658-6713

23. Acknowledgment and Acceptance

By checking the box below, clicking "I Agree," accessing the Service, or using our products, you acknowledge that you have:

Read and understood these Master Terms of Service
Read and understood any applicable Product-Specific Terms
Consulted with legal counsel if you wished to do so
Agreed to be bound by all provisions of these Terms
Authorized your use or your organization's use of the Service

Effective Date: June 2026
Last Updated: June 2026

Product-Specific Terms (Incorporated by Reference)

End of Master Terms of Service