Partnership Agreement

Effective Date: June 10, 2026

This Partner Program Agreement is between Mississippi Alarm Inc. ("MS Alarm," "we," "us," or "our") and the partner, referral source, affiliate, organization, or individual accepting it ("Partner" or "you"). It governs participation in the ArmGuard partner program and includes the finalized ArmGuard Privacy Policy and finalized ArmGuard Terms of Service in full so Partner can review and preserve the customer-facing privacy, service, billing, emergency-notification, warranty, limitation-of-liability, indemnity, and dispute-resolution provisions that apply to ArmGuard.

1. Agreement Scope and Included Documents

This Partner Program Agreement ("Partner Agreement") governs participation in the ArmGuard partner, referral, promo-code, lead-generation, sales-support, or affiliate program operated by Mississippi Alarm Inc. ("MS Alarm," "we," "us," or "our"). By registering for, accepting, accessing, using, promoting, selling, referring, or participating in the partner program, Partner accepts this Partner Agreement.

This Partner Agreement includes and incorporates the ArmGuard Privacy Policy and the ArmGuard Terms of Service below. Partner agrees to comply with this Partner Agreement, the Privacy Policy, the Terms of Service, all partner portal requirements, approved commercial terms, brand guidelines, checkout requirements, privacy requirements, marketing requirements, and any additional written policies or instructions provided by MS Alarm.

The included Privacy Policy and Terms of Service are customer-facing documents. Partner must not change, shorten, obscure, replace, waive, contradict, or make promises inconsistent with them. Partner must present the current MS Alarm-approved customer terms, privacy disclosures, risk disclosures, recurring-billing disclosures, and required acceptance checkboxes whenever Partner is involved in checkout, enrollment, activation, lead submission, or customer onboarding.

2. Program Relationship; No Authority to Bind MS Alarm

Partner is an independent contractor and is not an employee, agent, franchisee, fiduciary, joint venturer, legal representative, or partner of MS Alarm for any purpose. Nothing in this Partner Agreement creates an employment relationship, franchise, agency, fiduciary duty, partnership, joint venture, exclusive territory, or ownership interest.

Partner has no authority to bind MS Alarm, modify customer terms, approve customers, waive fees, guarantee service, promise emergency response, promise coverage, promise commissions, incur expenses, accept legal notices, settle disputes, make warranties, represent that ArmGuard prevents injury or death, or make any representation not approved by MS Alarm in writing.

MS Alarm may accept, reject, suspend, terminate, reverse, or decline any partner, lead, referral, promo code, order, customer, commission, payout, or attribution at MS Alarm's discretion to the fullest extent permitted by law and the approved commercial terms.

3. Two-Stage Onboarding and Commercial Terms

Stage 1 records Partner's acceptance of this Partner Agreement and creates a pending partner account. Registering alone does not activate a partner account, issue a promo code, authorize marketing, authorize use of trademarks, or entitle Partner to any commission, payment, customer attribution, territory, exclusivity, or other benefit.

Stage 2 is MS Alarm's separate review and Partner's acceptance of commercial terms, which may include commission rates, payout rules, clawbacks, attribution windows, promo-code rules, approved channels, lead requirements, minimum activity requirements, tax documentation, compliance requirements, and other terms. Both stages must be completed before a partner account becomes active.

Commercial terms may be changed, suspended, replaced, or withdrawn by MS Alarm with notice as provided in the commercial terms or partner portal. No commission or payout is earned unless all conditions in this Partner Agreement and the applicable commercial terms are satisfied.

Promo codes, referral links, partner attribution, and commission accrual begin only after MS Alarm activates Partner's account, issues or approves a promo code or link, offers commercial terms, and Partner accepts those terms. Customer attribution is determined by MS Alarm's records and may be locked at the first successful payment, completed checkout, activation, or other event specified by MS Alarm.

Commissions, if any, are calculated only on eligible collected revenue actually received and retained by MS Alarm, excluding taxes, shipping, activation fees, device charges unless expressly included, refunds, credits, chargebacks, disputed payments, fraudulent transactions, canceled accounts, past-due accounts, replacement charges, fees, and other excluded amounts.

MS Alarm may withhold, offset, reverse, claw back, delay, deny, or recoup commissions and payouts for fraud, self-referrals, duplicate leads, ineligible customers, policy violations, deceptive marketing, unauthorized channels, chargebacks, cancellations, non-payment, refunds, customer disputes, regulatory risk, data-quality issues, missing tax forms, suspected abuse, or breach of this Partner Agreement.

Partner is responsible for taxes, reporting, business licenses, expenses, and compliance obligations related to commissions or payouts. MS Alarm may require tax forms, identity verification, bank verification, payment-provider verification, or other documentation before paying any amounts.

5. Customer Enrollment, Checkout, and Required Disclosures

Partner must ensure that every customer receives and accepts the then-current MS Alarm-approved Terms of Service, Privacy Policy, recurring-billing authorization, emergency-service limitation disclosure, location disclosure, device limitation disclosure, and any other checkout or service-plan disclosure required by MS Alarm.

Required customer checkboxes must not be pre-checked. Partner must not bypass, combine, hide, obscure, minimize, or weaken required disclosures. Partner must preserve proof of acceptance, including customer identity, plan selected, user identity if different, emergency contacts, Terms version, Privacy Policy version, disclosure text, timestamp, IP address, user agent where available, payment authorization status, and confirmation communication where Partner controls or assists in checkout.

Partner must not submit or activate a customer, User, emergency contact, caregiver, family member, resident, patient, tenant, or other individual unless Partner has obtained all required authority, permission, and consent to provide that person's information to MS Alarm and to allow MS Alarm and its service providers to use and disclose it as described in the Privacy Policy and Terms of Service.

6. Marketing Conduct; No Overpromising; Approved Claims Only

Partner must use only truthful, non-misleading, approved, and legally compliant marketing. Partner must clearly position ArmGuard as an emergency notification and personal emergency response facilitation service, not as a guarantee of safety, medical care, caregiving, monitoring of vital signs, fall prevention, injury prevention, death prevention, emergency response, police response, fire response, EMS response, property protection, insurance, or a substitute for 911.

Partner must not state or imply that ArmGuard will prevent emergencies, detect all falls, always locate the User, always connect, always dispatch responders, always obtain emergency help, reduce insurance premiums, replace caregivers, replace medical care, provide diagnosis or treatment, or be suitable for every person, condition, location, or risk profile.

Partner must not use fear-based, deceptive, unfair, abusive, discriminatory, high-pressure, bait-and-switch, misleading price, misleading discount, misleading availability, misleading endorsement, fake review, fake testimonial, or unapproved comparative marketing. Partner must not buy keywords, run ads, publish landing pages, use coupon sites, send texts, send emails, make calls, use influencers, or use paid media involving ArmGuard unless permitted by MS Alarm's written partner rules.

7. Legal Compliance

Partner is solely responsible for complying with all laws, rules, regulations, industry standards, platform rules, and contractual requirements that apply to Partner's business, marketing, communications, privacy practices, data handling, lead generation, referrals, sales practices, telemarketing, texting, email, endorsements, accessibility, consumer protection, subscriptions, auto-renewal, cancellation, healthcare-related claims, senior marketing, insurance claims, and geographic targeting.

Partner must comply with applicable federal and state consumer-protection laws, privacy laws, data-security laws, breach-notification laws, telemarketing laws, do-not-call rules, text-message rules, email-marketing rules, endorsement and testimonial rules, subscription and negative-option laws, unfair or deceptive acts or practices laws, accessibility laws, and any requirements applicable to marketing to older adults, vulnerable individuals, caregivers, healthcare organizations, facilities, residents, patients, or families.

Partner must immediately notify MS Alarm of any complaint, demand, subpoena, investigation, enforcement inquiry, customer dispute, privacy request, data incident, suspected breach, platform suspension, marketing claim, responder complaint, or legal risk relating to ArmGuard, MS Alarm, customer information, or the partner program.

8. Privacy, Data Protection, and Customer Information

Partner may collect, use, retain, disclose, and submit personal information in connection with ArmGuard only as authorized by MS Alarm, the Privacy Policy, this Partner Agreement, the customer's consent, and applicable law. Partner must use customer, lead, User, Emergency Contact, location, health-related, billing, and emergency information only for the specific ArmGuard purpose authorized by MS Alarm and not for Partner's unrelated marketing, resale, profiling, data enrichment, list building, or independent use.

Partner must maintain administrative, technical, and physical safeguards appropriate to the sensitivity of the information. Partner must protect account information, lead data, emergency contact information, phone numbers, addresses, location information, health-related information, payment information, portal credentials, promo-code records, and customer communications against unauthorized access, acquisition, disclosure, alteration, loss, misuse, or destruction.

Partner must not sell, rent, trade, share for cross-context behavioral advertising, disclose, or transfer ArmGuard customer or lead information except as authorized by MS Alarm in writing or required by law. Partner must securely delete or return MS Alarm customer information upon request, termination, or when no longer needed, except to the extent Partner is legally required to retain it.

Partner must promptly notify MS Alarm of any actual or suspected unauthorized access, acquisition, disclosure, loss, compromise, misuse, or security incident involving ArmGuard information and must cooperate with MS Alarm's investigation, containment, notice, remediation, and documentation requirements.

9. Trademarks, Content, Intellectual Property, and Brand Control

MS Alarm owns or controls the ArmGuard name, MS Alarm name, trademarks, service marks, logos, product names, content, creative materials, portal materials, terms, policies, checkout language, training materials, customer communications, and related intellectual property. Partner receives only a limited, revocable, non-exclusive, non-transferable permission to use MS Alarm-approved materials solely for approved partner-program purposes while Partner remains in good standing.

Partner must not register, purchase, bid on, or use confusingly similar domain names, social handles, keywords, trademarks, trade names, app names, business names, or advertising terms; must not alter MS Alarm logos or materials; must not imply ownership or official status beyond approved partner status; and must stop all use immediately upon termination or MS Alarm's request.

Partner grants MS Alarm a worldwide, royalty-free, transferable, sublicensable license to use partner-submitted leads, content, feedback, testimonials, communications, and materials as reasonably necessary to operate, document, enforce, improve, market, or defend the partner program and related services, subject to applicable law and privacy obligations.

10. Confidentiality

Partner may receive non-public information about MS Alarm, ArmGuard, pricing, commissions, customers, leads, technical systems, portal workflows, business plans, vendor relationships, monitoring procedures, legal terms, security practices, product roadmaps, or commercial terms. Partner must protect that information as confidential and use it only for authorized partner-program purposes.

Partner must not disclose confidential information to any third party except employees or contractors who need to know, are legally bound to confidentiality, and are supervised by Partner. Partner remains responsible for their acts and omissions. Confidentiality obligations survive termination.

11. Non-Solicitation of Customers

During Partner's participation in the ArmGuard partner program and for a period of twelve (12) months following suspension, termination, expiration, or cessation of participation for any reason, Partner shall not, directly or indirectly, for itself or on behalf of any other person or entity:

(a) solicit, encourage, induce, persuade, divert, convert, transition, migrate, transfer, or attempt to solicit, encourage, induce, persuade, divert, convert, transition, or transfer any ArmGuard customer, subscriber, purchaser, User, Emergency Contact, lead, prospect, referral source, account, or business relationship away from Mississippi Alarm Inc., ArmGuard, or any related service;

(b) market, sell, promote, refer, recommend, or provide any competing personal emergency response service, monitoring service, emergency-notification service, medical alert service, security service, or substantially similar offering to any ArmGuard customer, subscriber, purchaser, User, Emergency Contact, lead, or prospect that Partner learned of, obtained, serviced, supported, enrolled, or interacted with through the partner program;

(c) use customer information, lead information, account information, emergency-contact information, contact lists, referral records, portal information, or other information obtained through the partner program to compete with, interfere with, or diminish Mississippi Alarm's customer relationships or business opportunities.

Nothing in this Section restricts Partner from conducting general advertising or marketing not specifically directed toward ArmGuard customers or prospects obtained through the partner program. However, any customer, lead, prospect, or business relationship first identified, obtained, referred, enrolled, serviced, supported, or contacted through the partner program shall be presumed to have been obtained through the partner program unless Partner demonstrates otherwise through contemporaneous written records.

Partner acknowledges that ArmGuard customer relationships, referral relationships, goodwill, lead information, and customer information are valuable business assets of Mississippi Alarm and that a violation of this Section may cause irreparable harm for which monetary damages alone may be inadequate. Accordingly, in addition to any other remedies available at law or in equity, Mississippi Alarm shall be entitled to seek temporary, preliminary, and permanent injunctive relief, specific performance, and other equitable remedies without the requirement of posting bond to the fullest extent permitted by law.

12. Records, Audit Trail, and MS Alarm Review Rights

Partner must maintain accurate records of marketing materials, lead sources, customer consents, checkout disclosures, acceptance records, communications, complaints, data-processing activities, tax records, and other partner-program activity for at least the period required by MS Alarm or applicable law.

MS Alarm may review, audit, request copies of, or require deletion or correction of partner records, marketing materials, customer communications, data flows, consent records, landing pages, ads, social posts, scripts, call recordings, text messages, emails, and other materials related to ArmGuard. Partner must cooperate promptly and completely.

MS Alarm's records, portal logs, payment records, attribution records, status records, and audit history control for program administration unless MS Alarm determines an error occurred.

13. Suspension, Termination, and Effect of Termination

MS Alarm may suspend, restrict, deactivate, or terminate Partner, promo codes, referral links, commissions, payout eligibility, portal access, marketing permissions, or program participation at any time for fraud, suspected fraud, non-compliance, inactivity, misuse, customer complaints, legal risk, privacy risk, security risk, reputational risk, billing risk, unapproved marketing, misleading claims, unauthorized data use, failure to provide records, or breach of this Partner Agreement.

Upon termination or suspension, Partner must immediately stop using MS Alarm and ArmGuard trademarks, marketing materials, claims, promo codes, links, confidential information, portal access, customer information, and partner status; must return or delete information as instructed; and must cooperate with transition, customer support, audit, and legal needs.

Termination does not waive MS Alarm's rights, Partner's payment obligations, chargeback obligations, indemnity obligations, confidentiality obligations, data-return obligations, audit obligations, or liability for prior conduct. MS Alarm may continue to service customers obtained through Partner without owing future commissions unless the commercial terms expressly state otherwise.

14. Partner Indemnity

Partner agrees to defend, indemnify, and hold harmless MS Alarm and the Protected Parties from and against all claims, demands, lawsuits, damages, losses, liabilities, settlements, judgments, fines, penalties, costs, and expenses, including reasonable attorneys' fees, arising from or related to Partner's marketing, referrals, leads, communications, data handling, privacy practices, security incidents, breach of this Partner Agreement, violation of law, negligence, misconduct, unauthorized promises, unapproved claims, customer disputes, failure to obtain consent, misuse of trademarks, tax obligations, employment claims, contractor claims, or any act or omission by Partner or anyone acting for Partner.

Partner's duty to defend applies upon request and before final determination of liability. Partner must not settle any claim in a way that imposes obligations on MS Alarm, admits fault by MS Alarm, restricts MS Alarm's business, or affects MS Alarm's rights without MS Alarm's prior written consent.

15. MS Alarm Disclaimers and Limitation of Liability to Partner

The partner program, portal, promo codes, referral links, attribution tools, reports, dashboards, commercial terms, and program materials are provided "as is" and "as available." MS Alarm does not guarantee partner approval, customer approval, commission eligibility, payout timing, customer conversion, customer retention, revenue, profits, uptime, attribution accuracy, promo-code availability, lead acceptance, territory, exclusivity, or continued program availability.

To the fullest extent permitted by law, MS Alarm shall not be liable to Partner for indirect, incidental, consequential, special, punitive, exemplary, treble, lost-profit, lost-revenue, lost-opportunity, loss-of-goodwill, business-interruption, data-loss, or reputational damages.

To the fullest extent permitted by law, MS Alarm's total aggregate liability to Partner arising from or related to this Partner Agreement or the partner program shall not exceed the commissions actually paid to Partner by MS Alarm during the three months immediately preceding the event giving rise to the claim, or $100.00 if no commissions were paid during that period.

16. Governing Law, Venue, Arbitration, Class Waiver, and Jury Waiver

This Partner Agreement is governed by the laws of the State of Mississippi, without regard to conflict-of-laws rules, except where applicable law requires otherwise.

Any dispute arising from or relating to this Partner Agreement, the partner program, commissions, promo codes, leads, marketing, data handling, customer attribution, the Privacy Policy, or the Terms of Service shall be resolved by arbitration before a single arbitrator administered by Arbitration Services Inc. (www.ArbitrationServicesInc.com), at the option of either party, except that MS Alarm may seek injunctive or equitable relief for misuse of intellectual property, confidential information, customer information, or data, and either party may bring eligible claims up to $1,000.00 in small claims court.

Partner consents to jurisdiction and venue in Lowndes County, Mississippi, and any litigation or arbitration must occur in the county of MS Alarm's principal place of business unless applicable law requires otherwise. Partner waives trial by jury and agrees not to bring, join, or participate in any class, collective, representative, or private-attorney-general action to the fullest extent permitted by law. Any claim must be commenced within one year after it accrues or the shortest period permitted by applicable law, whichever is longer if required by law.

17. Electronic Acceptance, Updates, Severability, and Survival

Partner agrees that this Partner Agreement, commercial terms, policies, notices, disclosures, signatures, consents, records, and approvals may be provided, accepted, stored, and enforced electronically. Electronic acceptance, checkbox acceptance, portal acceptance, continued participation, use of promo codes, or receipt of partner benefits may have the same effect as a handwritten signature to the fullest extent permitted by law.

MS Alarm may update this Partner Agreement and partner-program terms from time to time. Continued participation after updated terms become effective constitutes acceptance to the fullest extent permitted by law.

If any provision is deemed void or unenforceable, the remaining provisions remain in effect, and the invalid provision shall be enforced to the maximum extent permitted or modified to most closely achieve its intended purpose. Provisions that by their nature should survive termination survive, including confidentiality, data protection, audit, payment, clawback, indemnity, disclaimer, limitation-of-liability, intellectual-property, governing-law, arbitration, class-waiver, jury-waiver, and dispute-resolution provisions.

18. Contact Us

Questions about the ArmGuard partner program can be directed to MS Alarm:

Mississippi Alarm Inc.
2787 South Frontage Road
Columbus, MS 39701 (Lowndes County)
662-329-5990
www.msalarm.com

Part II - Final ArmGuard Privacy Policy Included in Partner Agreement

The following finalized Privacy Policy is included so Partner can review the customer-facing information practices that must be honored in partner marketing, enrollment, lead submission, checkout, support, and customer communications.

ArmGuard Privacy Policy

Effective Date: June 10, 2026
Last Updated: June 10, 2026

ArmGuard is a personal emergency response and emergency-notification service offered by Mississippi Alarm Inc. ("MS Alarm," "we," "us," or "our").

This Privacy Policy explains how we collect, use, disclose, store, retain, and protect information in connection with ArmGuard devices, monitoring services, customer accounts, the ArmGuard website, customer portal, billing systems, emergency-notification workflows, and related services.

By purchasing, activating, accessing, managing, or using ArmGuard, you acknowledge the practices described in this Privacy Policy.

1. Scope of This Privacy Policy

This Privacy Policy applies to information collected through:

ArmGuard devices
ArmGuard monitoring services
ArmGuard customer accounts
The ArmGuard website
The ArmGuard customer portal
Billing and payment systems
Customer support interactions
Emergency-notification workflows
Marketing and referral programs
Related products and services offered by MS Alarm

This Privacy Policy applies to:

Subscribers
Purchasers
Device Users
Emergency Contacts
Caregivers
Authorized account managers
Website visitors
Prospective customers

Use of ArmGuard is also governed by the applicable Terms of Service, customer agreement, order terms, checkout disclosures, and service plan terms. This Privacy Policy describes information practices only and does not limit the risk-allocation, limitation-of-liability, indemnity, warranty, arbitration, insurance, or subscriber-responsibility provisions in those agreements.

2. Information We Collect

We may collect the categories of information described below.

Account Information

We may collect:

Name
Address
Email address
Phone number
Username
Password or authentication records
Verification methods
Recovery methods
Customer identifiers
Service plan selections
Legal acknowledgement records
Support ticket messages
Communications with us

Purchaser, Subscriber, and User Information

The person who buys or manages ArmGuard may be different from the person who wears, carries, or uses the device.

We may collect information about each of those people, including:

Name
Address
Contact information
Date of birth, if provided
Emergency notes
Caregiver information
Relationship information
Authority or consent records

Emergency Contact Information

We may collect:

Names
Phone numbers
Email addresses
Relationship information
Contact priority
Notes
Other information needed to contact designated persons during an alert, support issue, account issue, or emergency-notification workflow

Device and Service Information

We may collect:

Device identifiers
Serial numbers
SIM or cellular identifiers
Activation status
Plan status
Battery status
Signal or connectivity status
Test events
Button presses
Alerts
Fall-detection events
Location events
False-alarm records
Service usage
Troubleshooting data
Dispatch notes
Monitoring notes
Other operational records

Location Information

ArmGuard devices and related services may collect, transmit, or process location information.

Location information may include:

GPS coordinates
Approximate location
Address information
Cellular location data
Emergency-event location information
Location information from the device, network, portal, browser, address records, shipping records, billing records, support interactions, or third-party service providers

Location information may be collected or used:

When an alert is triggered
During fall-detection events
During testing
When a device is activated
When support is requested
When required to provide or troubleshoot the service
When otherwise permitted by law

Communications Information

We may collect:

Emails
Text messages
Portal messages
Call recordings
Voicemail
Chat messages
Notices
Consent records
IP addresses
User-agent information
Device and browser data
Cookie identifiers
Access logs
Fraud-prevention information
Security logs

Payment Information

We may collect:

Billing addresses
Payment-method summaries
Payment tokens
Transaction identifiers
Subscription status
Invoice records
Credit records
Chargeback records
Failed-payment records
Tax information
Recurring-billing authorization records

Full payment-card numbers and card security codes are generally processed by our payment provider rather than stored by MS Alarm.

Information From Third Parties

We may receive information from:

Partners
Referral sources
Installers
Monitoring centers
Central stations
Device manufacturers
Device distributors
Cellular providers
Hosting providers
Payment processors
Communications providers
Shipping providers
Public safety agencies
Emergency responders
Family members
Caregivers
Emergency Contacts
Insurers
Other third parties involved in providing, supporting, paying for, documenting, or protecting the service

ArmGuard may process information that may be considered health-related or consumer health data under certain laws.

This information may include:

Fall alerts
Requests for assistance
Emergency event information
Disability-related information voluntarily provided to us
Health-related information voluntarily provided to us
Information about falls or requests for help
Location information associated with emergency events
Information about vulnerable users

We use and disclose this information for:

Service delivery
Monitoring
Emergency notification
Customer support
Billing
Security
Legal compliance
Service improvement
Protecting life, safety, property, and legal rights

MS Alarm is not a healthcare provider, and ArmGuard is not medical care, diagnosis, treatment, medical supervision, health insurance, or a substitute for 911, caregivers, assisted living, professional medical advice, or emergency responders.

Unless MS Alarm expressly agrees in a separate signed writing, MS Alarm is not acting as a HIPAA covered entity or business associate merely by providing ArmGuard.

Certain health-related apps, websites, internet-connected devices, personal health records, or related service providers may be subject to federal or state health-data or breach-notification rules even when HIPAA does not apply. MS Alarm will respond to security incidents and breach-notification obligations as required by applicable law.

4. How We Use Information

We use information to:

Provide ArmGuard services
Create, verify, administer, secure, bill, support, troubleshoot, and maintain accounts
Activate and maintain devices
Manage subscriptions
Process alerts
Receive, evaluate, document, and respond to device alerts
Attempt to communicate with Users, Subscribers, Purchasers, Emergency Contacts, monitoring centers, central stations, public safety agencies, and emergency responders
Facilitate emergency-notification procedures based on information available to us and our service providers
Process recurring billing, activation fees, device charges, shipping fees, reactivation fees, taxes, credits, chargebacks, refunds when applicable, collections, commissions, partner attribution, and accounting records
Send service, legal, billing, security, maintenance, support, training, renewal, cancellation, reactivation, and account notices
Send marketing communications where permitted by law and subject to applicable opt-out rights
Prevent, detect, investigate, and respond to fraud, misuse, unauthorized access, excessive signals, false alarms, payment disputes, security incidents, legal claims, regulatory requests, contract enforcement, and risks to customers, users, employees, partners, responders, service providers, or the public
Improve our services
Train and evaluate personnel and service providers
Audit service quality
Test systems
Develop and maintain business records
Perform analytics
De-identify or aggregate data
Comply with legal, accounting, tax, insurance, contractual, and regulatory obligations

5. Location Information and Emergency Events

ArmGuard devices may collect, transmit, and process location information to facilitate emergency-notification services.

Location information may be:

Approximate
Delayed
Incomplete
Unavailable
Inaccurate

Location accuracy and availability may be affected by:

Indoor use
Buildings
Terrain
Weather
Device condition
Power level
Cellular coverage
Network outages
Roaming limits
Disabled features
User behavior
User error
Third-party systems

When an alert, fall-detection event, test, support request, or other service event occurs, we and our service providers may create records that include:

Time of alert
Device identifier
Account information
User information
Emergency Contact information
Location information, if available
Call recordings
Notes
Attempted contacts
Dispatch information
Responder information
Outcome information

These records may be retained for service, billing, audit, quality, legal, insurance, compliance, and dispute-resolution purposes.

6. How Information Is Shared

We may share information as reasonably necessary to provide, monitor, support, bill for, document, protect, improve, or enforce the ArmGuard service and related MS Alarm services.

Recipients may include:

Monitoring centers
Central stations
Dispatch-support providers
Emergency Contacts
Police
Fire
EMS
Public safety answering points
Emergency responders
Device manufacturers
Device distributors
Cellular and network providers
Platform providers
Hosting providers
Communications providers
Payment processors
Shipping providers
Installation or service providers
Fraud-prevention vendors
Security vendors
Professional advisors
Insurers
Collection providers
Other service providers or subcontractors

We may share information with partners or referral sources when needed to administer a referral, promo code, attribution record, commission record, customer support handoff, compliance review, or partner-program audit. Partners may not use customer information for their own unrelated purposes unless they have a separate lawful basis and provide any required notices.

We may disclose information when we believe disclosure is required or permitted by law; to comply with subpoenas, court orders, legal process, public-safety requests, or regulatory requests; to protect life, safety, property, rights, or security; to enforce our agreements; to collect amounts owed; to investigate fraud or abuse; or to defend or pursue legal claims.

If MS Alarm is involved in a merger, acquisition, financing, corporate reorganization, sale of assets, bankruptcy, receivership, or similar transaction, customer, partner, and business information may be disclosed, transferred, or assigned as part of that transaction, subject to applicable law and reasonable confidentiality protections.

7. Service Providers and Subprocessors

MS Alarm uses third-party service providers to operate ArmGuard.

These providers may include:

Monitoring providers
Device manufacturers
Device distributors
Cellular providers
Cloud providers
Hosting providers
Customer support providers
Communications providers
Security providers
Analytics providers
Payment processors
Shipping providers
Installation or service providers
Professional advisors
Insurers
Collection providers

These providers are authorized to process information only as necessary to perform services for MS Alarm or as otherwise permitted by law.

8. Monitoring Providers, Emergency Responders, and Emergency Contacts

ArmGuard is designed to facilitate emergency notification.

To do that, we may disclose Subscriber, User, device, location, alert, Emergency Contact, health-related, access, and incident information to monitoring providers, central stations, Emergency Contacts, public safety agencies, police, fire, EMS, dispatch centers, responders, family members, caregivers, or others when we believe disclosure is reasonably necessary to provide the service, respond to an alert, protect life or safety, document an event, or comply with law.

Emergency Contacts may receive information about:

The User
The Subscriber
The device
The account
The alert
Location, if available
Attempted contacts
The need for assistance

Emergency responders may receive similar information, along with any emergency, medical, premises, access, or dispatch-related information provided to us.

We are not responsible for how public safety agencies, emergency responders, Emergency Contacts, family members, caregivers, or other third parties use or disclose information after receiving it, except to the extent applicable law provides otherwise.

9. Information About Other People

If you provide information about another person, including a device User, Subscriber, Purchaser, family member, caregiver, Emergency Contact, property owner, tenant, employee, patient, resident, or referral lead, you represent that you have the authority, permission, and legal right to provide that information to MS Alarm and to allow MS Alarm and its service providers to use and disclose it as described in this Privacy Policy and the applicable Terms of Service.

You are responsible for providing any required notices to those individuals and for keeping their information accurate and current.

Do not provide emergency-contact, User, location, health-related, or billing information for another person unless you have the right to do so.

10. Payment Information

Payment processing is handled by one or more payment providers.

We may receive and retain:

Payment-method summaries
Payment tokens
Transaction identifiers
Billing status
Recurring-billing authorization records
Invoices
Credit records
Chargeback records
Failed-payment records
Other payment-related information needed to operate and enforce the service

Do not send full payment-card numbers, card security codes, bank account numbers, or other highly sensitive payment information through unsecured email, text message, support tickets, or portal fields not intended for that information.

11. Cookies, Portal Logs, and Similar Technologies

The ArmGuard website and portal may use:

Cookies
Pixels
Tags
SDKs
Local storage
Log files
Similar technologies

These technologies may be used to:

Keep users signed in
Remember preferences
Support checkout
Protect account security
Prevent fraud
Maintain audit history
Understand portal usage
Improve functionality
Measure performance

You can manage cookies through your browser settings. Some portal, checkout, security, authentication, billing, or account features may not work properly if cookies or similar technologies are blocked or disabled.

12. Analytics and Service Improvement

MS Alarm may use aggregated, de-identified, or anonymized information to:

Improve products
Improve support
Improve monitoring procedures
Analyze service performance
Improve fraud detection
Improve customer experience
Test systems
Train and evaluate personnel and service providers

Such information is not used to identify individual users.

MS Alarm does not sell personal information for money.

MS Alarm does not rent, trade, or give personal information to third parties for their own unrelated marketing use.

MS Alarm does not share personal information for cross-context behavioral advertising as that term is commonly used in state privacy laws.

Operational disclosures to monitoring providers, emergency responders, Emergency Contacts, service providers, payment processors, partners for attribution, and corporate successors are not sales of personal information. Those disclosures are made to provide, support, protect, bill for, document, or transfer the service, or as otherwise permitted by law.

14. Text Messages, Calls, and Communications

By providing a mobile telephone number or other contact information, Subscriber authorizes MS Alarm and its service providers to send or make service-related, security-related, billing-related, support-related, account-related, monitoring-related, and emergency-related communications.

These communications may be sent by:

Phone call
Text message
SMS
Email
Portal message
Push notification
Prerecorded message
Automated technology
Other available communication methods

Message frequency may vary.

Message and data rates may apply.

Consent to receive text messages is not a condition of purchase except where necessary to provide requested communications or operate the service.

Subscribers may opt out of marketing messages where permitted by law, but operational, emergency, security, legal, billing, support, monitoring, and account-related communications may still be sent.

15. Call Recording and Monitoring

Recorded
Monitored
Logged
Stored
Transcribed
Reviewed
Used
Retained

for:

Service delivery
Dispatch
Quality assurance
Training
Billing
Audit
Legal purposes
Insurance purposes
Compliance
Dispute resolution

16. Security

We use administrative, technical, and physical safeguards designed to protect information.

These safeguards may include:

Access controls
Authentication systems
Encryption where appropriate
Vendor security controls
Monitoring systems
Security policies
Employee training
Logging
Review procedures

No system, network, device, portal, communication pathway, or storage method can be guaranteed to be completely secure. MS Alarm does not guarantee that information will never be accessed, disclosed, altered, lost, corrupted, unavailable, or misused.

You are responsible for protecting your account credentials, devices, recovery methods, phones, computers, and communication channels.

17. Security Incidents

If MS Alarm becomes aware of a security incident involving personal information, we may investigate, mitigate, document, and provide notices as required by applicable law.

The timing and content of any notice may depend on:

The nature of the incident
The information involved
Law enforcement considerations
Contractual requirements
Applicable legal requirements

18. Data Retention

We retain information as reasonably necessary to:

Provide services
Support services
Bill for services
Document services
Improve services
Protect the service
Enforce agreements
Maintain legal-acknowledgement history
Maintain alert, dispatch, monitoring, call, location, device, and audit records
Comply with law
Resolve disputes
Collect amounts owed
Defend or pursue claims
Satisfy insurance, tax, accounting, and regulatory obligations
Preserve evidence

Examples of records that may be retained include:

Alert records
Monitoring records
Dispatch records
Call recordings
Billing records
Payment records
Consent records
Terms acceptance records
Privacy Policy acceptance records
Support communications
Fraud-prevention records
Audit logs
Device records
Location records
Account records
Cancellation records

Certain records may be retained after account closure, cancellation, data updates, or deletion requests, including billing records, legal acceptance records, support records, monitoring records, emergency event records, call recordings, fraud-prevention records, audit logs, and other records we are required or permitted to retain.

19. State Privacy Rights

Residents of certain states may have rights regarding personal information, including:

Right to Know
Right to Access
Right to Correct
Right to Delete
Right to Data Portability
Right to Appeal Certain Decisions
Right to Opt Out of Certain Processing Activities
Right to Opt Out of Targeted Advertising
Right to Opt Out of Profiling
Right to Opt Out of Sales or Sharing of Personal Information

MS Alarm will honor applicable privacy rights requests as required by law.

To exercise a privacy right, contact us using the information in the Contact Us section below.

We may verify your identity and authority before responding.

We will respond as required by applicable law.

We will not discriminate against you for exercising legally protected privacy rights, but some requests may affect our ability to provide the service if the requested information is needed for monitoring, billing, safety, legal, or operational purposes.

20. Do Not Track Signals

Some web browsers transmit "Do Not Track" signals.

Because there is no universally accepted standard for responding to such signals, MS Alarm does not currently respond differently to Do Not Track signals.

21. United States Services

ArmGuard is intended for users located within the United States.

If you access ArmGuard from outside the United States, you understand that information may be transferred to, processed in, and stored in the United States.

22. Children's Privacy

ArmGuard is intended for adults and accounts managed by adults.

ArmGuard is not directed to children under 13, and we do not knowingly collect personal information from children under 13 without appropriate authorization.

If you believe a child has provided personal information to us without appropriate authorization, contact us so we can review and respond.

ArmGuard should not be purchased, activated, or used for a minor unless a parent, guardian, or other legally authorized person is responsible for the account, provides required information and consent, and accepts all applicable terms.

23. Changes to This Privacy Policy

We may update this Privacy Policy from time to time.

When material changes are made, we may provide notice through:

The website
The customer portal
Email
Checkout flow
Account notifications
Other reasonable methods

Your continued use of ArmGuard after an updated Privacy Policy becomes effective means you accept the updated Privacy Policy to the fullest extent permitted by law.

24. Contact Us

For privacy questions, privacy requests, or account-information requests, contact MS Alarm support through the portal, or reach us at:

Mississippi Alarm Inc.
2787 South Frontage Road
Columbus, MS 39701
Lowndes County, Mississippi
Phone: 662-329-5990
Website: https://www.msalarm.com

Mississippi Alarm Inc.
Columbus, MS 39701
662-329-5990
https://www.msalarm.com

Part III - Final ArmGuard Terms of Service Included in Partner Agreement

The following finalized Terms of Service are included so Partner can review the customer-facing terms, risk disclosures, warranties, limitations, indemnities, acknowledgements, and service limitations that must be presented and preserved in customer-facing workflows.

ArmGuard Terms of Service

Effective Date: June 10, 2026
Last Updated: June 10, 2026

ArmGuard is a personal emergency response and security-notification product offered by Mississippi Alarm Inc. (“MS Alarm,” “we,” “us,” or “our”), a Mississippi company based in Lowndes County, Mississippi.

These Terms of Service (“Terms”) govern your access to and use of ArmGuard, including the ArmGuard website, customer portal, account setup, checkout, devices, subscriptions, monitoring, emergency-notification workflows, billing, shipping, returns, support, warranties, and related services.

By creating an account, purchasing, activating, using, paying for, managing, or allowing another person to use ArmGuard, you agree to these Terms.

If you do not agree to these Terms, do not purchase, activate, use, manage, or allow another person to use ArmGuard.

Important Service Limitations

Please read this section carefully.

ArmGuard is a personal emergency response and emergency-notification service. It is intended to help notify a monitoring center, Emergency Contacts, or emergency responders when an alert is triggered, depending on your plan, device, location, account status, available information, and service availability.

ArmGuard is not 911. ArmGuard is not medical care. ArmGuard is not a caregiver, nurse, doctor, security guard, rescue service, fire department, police department, ambulance service, or substitute for calling 911 directly.

In an emergency, call 911 or the appropriate emergency number directly whenever possible.

ArmGuard does not guarantee safety, emergency response, medical treatment, supervision, fall prevention, injury prevention, death prevention, theft prevention, fire prevention, property protection, or loss prevention.

ArmGuard depends on conditions outside MS Alarm’s control, including battery charge, device condition, whether the device is worn or carried, cellular coverage, GPS or location availability, monitoring-center availability, responder availability, Emergency Contact availability, account status, payment status, correct account information, weather, terrain, buildings, network performance, software, and third-party providers.

Fall detection, if included with your device or plan, may not detect all falls or emergencies. It may also create false alarms. Users should press the help button whenever they are able and should not rely solely on automatic fall detection.

Location information may be unavailable, delayed, incomplete, or inaccurate. Location information may not identify a precise address, floor, apartment, room, building entrance, or exact User position.

Subscriber and User remain responsible for personal safety planning, medical care, supervision, insurance, emergency planning, testing the device, charging the device, wearing or carrying the device, keeping account information current, and determining whether ArmGuard is appropriate for the User.

1. Parties and Key Definitions

These Terms apply to Mississippi Alarm Inc. and to each Subscriber, Purchaser, User, Emergency Contact, authorized account manager, and person or entity who purchases, activates, manages, pays for, uses, or benefits from ArmGuard.

For purposes of these Terms:

“MS Alarm,” “we,” “us,” or “our” means Mississippi Alarm Inc.

“ArmGuard” means the ArmGuard website, portal, devices, accessories, subscriptions, monitoring, emergency-notification workflows, account services, software, billing, support, and related services.

“Subscriber” means the person or entity that purchases, activates, manages, pays for, or accepts responsibility for an ArmGuard account or service.

“Purchaser” means the person or entity that purchases or pays for ArmGuard, even if that person is not the User.

“User” means the person who wears, carries, possesses, or uses an ArmGuard device or service.

“Emergency Contact” means a person listed for contact in connection with an alert, emergency-notification event, account issue, or support workflow.

“System” means the ArmGuard device, accessories, software, customer portal, communications pathways, monitoring workflows, and related equipment or services.

“Protected Parties” means MS Alarm and its owners, officers, directors, employees, agents, affiliates, insurers, subcontractors, monitoring centers, central stations, central offices, device manufacturers, distributors, cellular carriers, network providers, internet providers, telephone providers, software providers, platform providers, payment processors, installers, service technicians, partners, referral sources, and service providers.

2. Acceptance of Terms

You accept these Terms when you do any of the following:

Create an ArmGuard account;
Purchase ArmGuard;
Activate an ArmGuard device or service;
Use or allow use of ArmGuard;
Manage an ArmGuard account;
Provide payment information;
Submit Emergency Contact, User, billing, shipping, or account information;
Click or check a box agreeing to these Terms;
Continue using ArmGuard after these Terms are made available to you.

These Terms apply whether you reached MS Alarm directly, through the ArmGuard website, through the customer portal, through an installer, through a partner, through a referral, or through any other sales channel.

If you use ArmGuard on behalf of another person or entity, you represent and warrant that you have authority to accept these Terms and bind that person, entity, account, or User.

3. Authority to Enroll or Manage Another Person

If you purchase, activate, manage, or use ArmGuard for another person, you represent and warrant that you have authority and permission to:

Provide that person’s personal information;
Enroll that person in ArmGuard;
Provide Emergency Contact information;
Authorize monitoring and emergency-notification procedures;
Authorize collection, use, and disclosure of location and emergency information;
Accept these Terms and the Privacy Policy on that person’s behalf where permitted by law;
Bind the account to all payment, return, service, and legal obligations.

If you do not have that authority, do not purchase, activate, manage, or use ArmGuard for that person.

You are responsible for obtaining any required consent from Users, Emergency Contacts, caregivers, family members, property owners, tenants, employees, patients, residents, or other persons before providing their information to MS Alarm or authorizing service.

4. Incorporated Policies and Order Terms

These Terms incorporate by reference:

The ArmGuard Privacy Policy;
Checkout disclosures;
Order terms;
Service-plan details;
Equipment-return requirements;
Device instructions;
Monitoring or emergency-notification procedures;
Any signed or electronically accepted customer agreement;
Any other written terms provided by MS Alarm for the applicable product, plan, or service.

If any terms conflict, the more specific term applies to the specific issue. However, any provision that gives broader protection, release, indemnity, warranty disclaimer, limitation of liability, arbitration protection, class-action waiver, or risk-allocation protection to MS Alarm or any Protected Party shall apply to the fullest extent permitted by law.

5. ArmGuard Portal and Account Access

The ArmGuard portal allows authorized users to manage accounts, devices, billing details, shipping information, legal acknowledgements, Emergency Contacts, support requests, and related service records.

You may use the portal only for lawful purposes and only for accounts, devices, payment methods, and information that you are authorized to access or manage.

You are responsible for maintaining the confidentiality and security of your account credentials, passwords, devices, recovery methods, email accounts, phone numbers, authentication methods, and payment information.

You are responsible for all activity through your account, including activity by anyone you allow to access the account.

If you believe your account, device, phone, email, payment method, password, or authentication method has been compromised, you must contact MS Alarm immediately.

MS Alarm may require identity verification, multi-factor authentication, password resets, updated contact information, payment verification, security holds, or additional account controls before allowing access, changes, cancellation, reactivation, support, or other account actions.

6. Automatic Renewal, Recurring Billing, Cancellation, and Refunds

ArmGuard services are provided on a recurring subscription basis unless your specific plan, order terms, or written agreement states otherwise.

By purchasing, activating, using, continuing, or paying for ArmGuard, Subscriber authorizes Mississippi Alarm Inc. and its payment processor to automatically charge the payment method on file for recurring subscription charges, monitoring charges, cellular charges, device charges, activation fees, taxes, replacement charges, equipment charges, reactivation charges, pass-through charges, payment-processing charges, shipping charges, return charges, collection costs, and all other amounts owed under the selected plan, order, account, or these Terms.

Unless canceled according to MS Alarm’s cancellation procedures, ArmGuard subscriptions automatically renew at the end of each billing period. The applicable billing period, renewal frequency, subscription amount, included services, and any known recurring charges will be disclosed in the applicable checkout flow, order confirmation, portal, plan terms, invoice, or other account record.

Subscriber is responsible for reviewing the applicable plan terms before purchasing, activating, renewing, or continuing ArmGuard service. Continued use, renewal, payment, activation, or failure to cancel before the next billing period constitutes authorization for MS Alarm and its payment processor to continue charging the payment method on file to the fullest extent permitted by law.

Renewal Charges

Unless the applicable plan states otherwise, recurring charges are billed in advance for the upcoming service period. Subscriber must cancel before the next renewal charge is processed to avoid charges for the next billing period.

Cancellation stops future recurring subscription charges after the effective cancellation date but does not automatically refund charges already incurred, processed, earned, or owed, unless required by law or expressly stated in the applicable plan terms.

Trial, Promotional, Discounted, or Introductory Offers

MS Alarm may offer trial, promotional, discounted, introductory, bundled, prepaid, annual, monthly, or other subscription plans.

If a trial, promotional price, introductory price, free period, discounted period, or other special offer applies, the applicable offer terms will control the length of the promotional period, the price during the promotional period, the price after the promotional period, the renewal frequency, and when recurring billing begins.

Unless Subscriber cancels before the end of the trial, promotional, introductory, or discounted period, the ArmGuard service will automatically continue and the payment method on file will be charged at the then-applicable recurring rate.

Promotional, introductory, discounted, or trial offers may be limited to new customers, specific plans, specific devices, specific locations, specific sales channels, or specific eligibility requirements. MS Alarm may revoke or modify promotional eligibility if MS Alarm determines that an account is ineligible, fraudulent, abusive, duplicative, or inconsistent with the offer terms.

Price Changes and Pass-Through Costs

MS Alarm may change subscription charges, monitoring charges, cellular charges, taxes, third-party costs, pass-through costs, payment-processing costs, shipping costs, government fees, replacement charges, reactivation charges, equipment charges, or other charges with notice where required by law or applicable plan terms.

MS Alarm may pass through increases, surcharges, or new costs imposed by monitoring centers, cellular providers, device vendors, payment processors, shipping providers, government authorities, regulatory authorities, platform providers, or other third parties.

If applicable law requires additional notice, advance notice, or additional consent before a price change, MS Alarm will provide such notice or obtain such consent to the extent required by applicable law.

Continued use, renewal, payment, or failure to cancel after a permitted price change becomes effective constitutes acceptance of the changed price to the fullest extent permitted by law.

Cancellation Procedure

Subscriber may cancel ArmGuard service only through the cancellation method MS Alarm makes available for the applicable plan. MS Alarm may make cancellation available through the customer portal, written request, cancellation form, support request, telephone support, email, or another method designated by MS Alarm.

MS Alarm may require reasonable verification of identity, account ownership, payment authority, User authority, equipment status, and cancellation authority before processing cancellation.

MS Alarm may require Subscriber to confirm the account being canceled, the User affected, the device affected, the service address, and the requested cancellation date. MS Alarm may also provide important safety information explaining that cancellation will stop monitoring, emergency-notification services, support, cellular service, device connectivity, or other ArmGuard features after the effective cancellation date.

Subscriber is not required to purchase additional services or accept a different offer in order to cancel. MS Alarm may offer troubleshooting, plan changes, replacement equipment, account updates, pause options, or other alternatives before cancellation is completed, but Subscriber may decline those alternatives.

Cancellation is effective only when completed according to MS Alarm’s cancellation procedures and accepted or processed by MS Alarm. A request for information, support, troubleshooting, billing adjustment, charge dispute, payment-card replacement, device return, or account update is not a cancellation unless MS Alarm’s cancellation procedure is completed.

Effect of Cancellation

After cancellation becomes effective, ArmGuard monitoring, emergency-notification services, cellular service, portal features, device functionality, support, or other account features may be suspended, limited, disconnected, or terminated.

Subscriber acknowledges that canceling ArmGuard may stop emergency-notification services for the User and may prevent the device or System from sending alerts, connecting to a monitoring center, communicating location information, contacting Emergency Contacts, or facilitating emergency response.

Subscriber remains responsible for maintaining any desired emergency plan, medical care, supervision, caregiving, backup communication method, security service, insurance, or alternative protection after cancellation.

Refunds

Unless required by law or expressly stated in the applicable plan terms, cancellation, suspension, termination, non-use, failure to use, inability to use, failure to activate, failure to test, failure to wear or carry the device, loss of coverage, poor cellular signal, responder non-response, Emergency Contact non-response, device return, account closure, or dissatisfaction with the service does not entitle Subscriber to a refund of prior charges, activation fees, device charges, subscription charges, monitoring charges, cellular charges, shipping charges, installation charges, third-party charges, taxes, pass-through costs, prepaid amounts, or other amounts already charged or owed.

Refunds, credits, concessions, or adjustments, if any, are provided at MS Alarm’s discretion unless required by law or expressly stated in the applicable plan terms. Any refund, credit, concession, or adjustment in one instance does not require MS Alarm to provide the same or similar refund, credit, concession, or adjustment in another instance.

Equipment Return After Cancellation

Cancellation does not eliminate equipment-return obligations.

If the applicable plan, order terms, promotional terms, lease terms, financing terms, rental terms, or written agreement requires equipment to be returned, Subscriber must return the required equipment and accessories in good condition, normal wear and tear excepted, within the time required by MS Alarm.

Subscriber is responsible for return shipping, lost equipment, damaged equipment, altered equipment, incomplete returns, missing accessories, late returns, unreturned equipment, and replacement charges unless the applicable plan terms state otherwise.

MS Alarm may charge the payment method on file or otherwise seek payment for unreturned, late, damaged, altered, lost, or incomplete equipment and may offset such amounts against any refund, credit, commission, or other amount owed to Subscriber where permitted by law.

Failed Payments and Charge Disputes

If a payment fails, is declined, is reversed, is charged back, is disputed, becomes past due, or appears fraudulent, MS Alarm may, to the fullest extent permitted by law, limit service, suspend monitoring, suspend portal access, decline support actions, cancel the account, require updated payment information, require payment of past-due amounts, require reactivation fees, require equipment return, charge for unreturned or damaged equipment, refer the account to collections, or pursue other remedies.

Subscriber remains responsible for all charges and obligations incurred through the effective cancellation date, including subscription charges, device charges, taxes, pass-through costs, collection costs, chargeback fees, returned-payment fees, replacement charges, and equipment-related charges.

MS Alarm may maintain records of account creation, order submission, checkout acceptance, payment authorization, Terms acceptance, Privacy Policy acceptance, plan selection, device activation, renewal, cancellation, and other account actions.

Such records may include account name, User name, Purchaser name, Subscriber name, email address, phone number, billing information, shipping information, account ID, order ID, IP address, timestamp, user agent, device information, version of Terms accepted, version of Privacy Policy accepted, and other information reasonably necessary to document the account relationship and enforce these Terms.

Subscriber agrees that electronic records, electronic signatures, checkbox acceptances, portal acceptances, continued use, renewal, payment, and device activation may be used to show acceptance of these Terms, authorization for recurring charges, and agreement to automatic renewal to the fullest extent permitted by law.

State-Specific Rights

Some states may provide additional automatic-renewal, cancellation, refund, notice, reminder, consent, or consumer-protection rights. Nothing in these Terms is intended to limit rights that cannot be waived under applicable law.

If any state-specific automatic-renewal, cancellation, notice, reminder, refund, or consent requirement applies and cannot be waived, MS Alarm will comply with that requirement to the extent required by applicable law.

If any provision of this Automatic Renewal, Recurring Billing, Cancellation, and Refunds section is found unenforceable as to a particular state, customer, transaction, or circumstance, the provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.

7. Equipment, Shipment, Activation, Ownership, and Returns

Equipment may be sold, leased, loaned, financed, rented, or otherwise provided depending on the applicable order terms, service plan, promotional terms, or written agreement.

Unless MS Alarm states otherwise in writing, Subscriber is responsible for shipping charges, replacement charges, damaged equipment, lost equipment, accessories, batteries, chargers, docks, packaging, and return-shipping costs.

Risk of loss may transfer when equipment is delivered to the carrier, delivered to the Subscriber, installed, activated, or otherwise provided, depending on the applicable order terms.

Subscriber is responsible for securing equipment after delivery, promptly notifying MS Alarm of shipment issues, and following all activation, testing, charging, use, and return instructions.

If equipment must be returned, Subscriber must return it in good condition, normal wear and tear excepted, with all required accessories, within the time required by MS Alarm.

MS Alarm may charge for unreturned, late, damaged, altered, lost, or incomplete equipment and may offset amounts owed against credits, refunds, commissions, or other amounts where permitted by law.

8. Activation, Testing, Training, and Maintenance

ArmGuard may not be active or monitored until all required account setup, payment, equipment delivery, activation, programming, User information, Emergency Contacts, testing, and provider workflows are completed.

Subscriber is responsible for completing activation steps and confirming that the service is operating before relying on it.

Subscriber should test the System upon receipt or installation and periodically thereafter according to MS Alarm’s instructions or recommendations.

Subscriber must notify MS Alarm immediately if:

A test fails;
The device does not function as expected;
The device is damaged;
The battery does not hold charge;
Signal appears poor;
Location appears incorrect;
The User cannot operate the device;
Account information is incorrect;
Emergency Contact information is incorrect;
Any other issue may affect service.

Failure to test, charge, maintain, update, properly use, properly wear, properly carry, or promptly report problems may prevent ArmGuard from functioning and may delay or prevent emergency notification.

9. Scope of ArmGuard Services

Depending on the plan, device, provider availability, and location, ArmGuard may include wearable or mobile devices, button-press alerts, fall-detection features, cellular connectivity, location features, monitoring-center workflows, Emergency Contact notification, support, and related account services.

MS Alarm’s role is limited to providing or arranging equipment, account administration, support, billing, monitoring, and emergency-notification workflows.

MS Alarm and its monitoring providers may attempt to receive signals, communicate with the User or Subscriber, contact Emergency Contacts, and notify public safety agencies or emergency responders based on information available at the time.

MS Alarm does not provide police, fire, EMS, medical, nursing, caregiving, assisted-living, transportation, rescue, security-guard, or first-responder services.

10. Third-Party Monitoring Provider Limitations

MS Alarm may use one or more third-party monitoring centers, central stations, technology platforms, device vendors, cellular providers, software providers, distributors, or other service providers to support ArmGuard.

Subscriber understands and agrees that any third-party monitoring provider’s role is limited to the services arranged by MS Alarm and available under the applicable service plan. Monitoring services may consist solely of receiving available signals, data, location information, voice communications, audio communications, video communications, electronic communications, or other communications and attempting to communicate with the User, Subscriber, Emergency Contacts, public safety agencies, emergency responders, or other designated persons based on the information available at the time.

MS Alarm and its third-party monitoring providers do not guarantee that any signal will be received, that any communication will be successful, that any person will answer, that any Emergency Contact will respond, that any public safety agency will dispatch, that any responder will arrive, or that any response will prevent injury, death, loss, or damage.

Where permitted by law and applicable procedures, the monitoring provider’s efforts to notify a person or entity may be satisfied by attempting communication through the telephone number, email address, SMS number, IP address, electronic address, or other contact information provided for the account, including by leaving a message or transmitting an electronic communication.

MS Alarm and its third-party monitoring providers may, in their discretion and without liability, attempt to verify an alert before contacting public safety agencies or responders. If MS Alarm, a monitoring provider, the User, Subscriber, Emergency Contact, authorized person, or other designated person provides an abort, cancellation, disregard, false-alarm, or similar instruction, MS Alarm or the monitoring provider may refrain from contacting public safety agencies or responders or may advise them of the cancellation or disregard instruction.

Monitoring or emergency-notification procedures may vary based on the type of signal, the device, the account information available, the User’s ability to communicate, Emergency Contact availability, location, provider procedures, public safety requirements, responder requirements, applicable law, and circumstances at the time.

Subscriber acknowledges that MS Alarm is the customer-facing provider of ArmGuard. No monitoring center, cellular provider, device manufacturer, software provider, platform provider, distributor, or other third-party provider is responsible to Subscriber except to the extent expressly required by law or expressly agreed in a separate written agreement signed by that provider.

11. Permits, Verified Response, Excessive Activity, and Account Information

Subscriber is responsible for providing and maintaining all information required for ArmGuard service, including accurate User information, service address, phone numbers, email addresses, Emergency Contacts, contact priority, location information, access information, medical or emergency notes if provided, billing information, and any other information reasonably requested by MS Alarm or its service providers.

ArmGuard service may not begin, continue, or operate properly unless required account information has been received, entered, processed, accepted, activated, and tested. Information submitted through the portal, website, API, email, form, support request, or other method may not be immediately available to all systems or providers.

Subscriber is responsible for obtaining and maintaining any permits, registrations, responder records, access permissions, lockbox information, gate codes, building access instructions, verified-response arrangements, or other requirements imposed by any public safety agency, responder, property owner, governmental authority, building, facility, or jurisdiction.

If a jurisdiction, responder, public safety agency, or other authority requires verified response, personal response, visual confirmation, audio confirmation, private guard response, caregiver response, or any other condition before dispatch, Subscriber is responsible for satisfying or arranging that requirement unless MS Alarm expressly agrees otherwise in writing.

MS Alarm does not guarantee that any public safety agency, responder, emergency dispatch center, caregiver, Emergency Contact, private guard, property owner, building representative, or other person will accept, use, rely on, or act upon information provided through ArmGuard.

Subscriber is responsible for all false alarms, accidental activations, excessive signals, excessive monitoring activity, responder fees, verified-response costs, fines, penalties, dispatch fees, permit fees, administrative fees, cancellation fees, access fees, and other charges arising from or related to the System, the account, or use or misuse of ArmGuard.

If an account, device, or System generates excessive signals, excessive activity, false alarms, abusive communications, operational burdens, safety risks, responder complaints, invalid information, or unpaid charges, MS Alarm or its service providers may suspend, restrict, reconfigure, deactivate, disconnect, or terminate service, device connectivity, signal transmission, portal access, or monitoring activity, with or without advance notice where permitted by law.

12. Emergency Notification Only; Not Medical Care

ArmGuard is an emergency-notification service. It is not medical care.

ArmGuard is not medical advice, medical monitoring, diagnosis, treatment, healthcare, telehealth, nursing care, caregiver supervision, elder-care supervision, assisted living, or a substitute for professional medical evaluation.

ArmGuard does not monitor vital signs, does not determine whether a medical emergency exists, and does not guarantee that anyone will detect, respond to, or resolve an emergency.

Subscriber and User remain responsible for personal safety planning, medical care, medications, supervision, home safety, fall prevention, emergency planning, insurance, and determining whether ArmGuard is appropriate for the User’s condition, lifestyle, location, mobility, cognitive ability, home environment, and risk profile.

13. No Guarantee; MS Alarm Is Not an Insurer

MS Alarm is not an insurer and does not provide insurance.

Amounts paid for ArmGuard are based on the limited nature of the service and the risk allocation in these Terms. They are not based on the value of any person, property, life, health, safety, data, or potential loss.

Subscriber understands that no device, system, network, portal, monitoring center, Emergency Contact, or responder can eliminate risk.

Subscriber accepts all risk of injury, death, property loss, data loss, data corruption, emergency-response delay, non-response, and other loss except to the limited extent MS Alarm’s liability cannot be limited by law.

Subscriber agrees to obtain any desired insurance, medical supervision, caregiving, security, backup emergency plan, backup communication method, and other protection.

Subscriber agrees to look first and primarily to Subscriber’s insurer, caregiver, medical provider, property insurer, liability insurer, or other responsible third party for recovery of losses, not to MS Alarm or any Protected Party.

14. Device, Battery, Cellular, GPS, Location, Fall Detection, and Environmental Limitations

ArmGuard depends on many conditions outside MS Alarm’s control, including:

Device design;
Device condition;
Battery charge;
Charging equipment;
User behavior;
Whether the device is worn or carried;
Cellular coverage;
Roaming availability;
Carrier network performance;
GPS availability;
Satellite visibility;
Wireless interference;
Internet or telephone service;
Electrical power;
Software and firmware;
Platform providers;
Monitoring providers;
Public-safety systems;
Emergency responders;
Building materials;
Terrain;
Weather;
Environmental conditions;
Accurate account information.

Signals may be delayed, interrupted, corrupted, blocked, misdirected, duplicated, not received, not transmitted, not processed, not associated with the correct location, or not acted upon.

A device may fail because it is not charged, not worn, not carried, turned off, damaged, submerged, obstructed, out of coverage, outside operating temperature, improperly used, improperly maintained, or affected by network, software, hardware, carrier, GPS, or environmental issues.

Location information may be unavailable, delayed, incomplete, or inaccurate. Location may not identify a precise address, floor, apartment, room, building entrance, travel direction, or User position.

Emergency responders may not receive, rely on, use, or be able to act on location information.

Fall detection, if included, is an optional aid and is not guaranteed to detect all falls, impact events, medical events, lack of movement, wandering, loss of consciousness, or emergencies.

Fall detection may create false alarms or fail to trigger during a real emergency. User should press the help button whenever able and should not rely solely on automatic detection.

15. Monitoring and Response Limitations

MS Alarm and its monitoring providers may make reasonable efforts to process signals according to then-current procedures, information available, provider availability, account status, and service plan.

Monitoring and notification procedures may include attempts to contact the User, Subscriber, Emergency Contacts, public safety agencies, or emergency responders.

The exact procedure may vary by event, device, location, account status, available information, responder requirements, provider policies, and safety considerations.

MS Alarm does not guarantee that:

A signal will be received;
A call will be answered;
Two-way audio will function;
The User will be able to communicate;
Emergency Contacts will answer;
Public safety agencies will dispatch;
Responders will arrive;
Responders will arrive within any particular time;
Responders will locate the User;
Any response will prevent injury, death, loss, or damage.

MS Alarm is not responsible for the acts, omissions, delays, refusals, policies, dispatch decisions, prioritization decisions, availability, negligence, or conduct of police, fire, EMS, public safety answering points, emergency dispatch centers, responders, hospitals, caregivers, Emergency Contacts, family members, neighbors, building personnel, carriers, internet providers, or other third parties.

16. Subscriber, Purchaser, User, and Emergency Contact Responsibilities

Subscriber is responsible for:

Selecting an appropriate plan and device;
Confirming that the User can understand and use the device;
Reviewing instructions;
Training the User and caregivers;
Keeping the device charged;
Ensuring the device is worn or carried as appropriate;
Testing the device as recommended;
Maintaining cellular and other required communication pathways;
Preserving accessories;
Promptly reporting suspected malfunction, damage, loss, theft, coverage issues, incorrect location, incorrect information, or support needs.

Subscriber is responsible for providing and maintaining accurate and current:

Account information;
User information;
Service address;
Billing information;
Shipping information;
Phone numbers;
Email addresses;
Lockbox or access information, if used;
Medical or emergency notes, if provided;
Emergency Contacts;
Contact priority;
Caregiver information;
Other information needed to support the service.

Subscriber must ensure that Emergency Contacts have agreed to be listed, understand they may be contacted during an alert or support event, and understand that failure to answer or respond may delay or prevent assistance.

Subscriber must immediately update MS Alarm if any Emergency Contact changes, becomes unavailable, withdraws consent, has a disconnected number, changes phone number, changes relationship, or should no longer receive information.

Subscriber and User must not misuse the System, intentionally trigger false alarms, test in a manner that disrupts service, tamper with equipment, disable or bypass features, ignore low-battery or malfunction notices, use unsupported chargers or accessories, expose equipment to unsafe conditions, transfer equipment to another person without approval, or use the service for any person or location not enrolled.

Subscriber authorizes MS Alarm and its service providers to collect, use, disclose, transmit, record, store, and retain account, User, device, alert, location, Emergency Contact, medical or emergency note, premises, access, call, communication, signal, recording, and incident information as reasonably necessary to:

Provide the service;
Monitor or process alerts;
Support the account;
Bill for services;
Document events;
Protect life, safety, property, rights, or security;
Improve services;
Enforce these Terms;
Respond to alerts;
Contact Emergency Contacts;
Contact public safety agencies or responders;
Comply with law;
Protect MS Alarm and the Protected Parties.

Subscriber authorizes MS Alarm, monitoring centers, central stations, and service providers to disclose User information, location information if available, account information, emergency notes, access information, and incident information to Emergency Contacts, family members, caregivers, public safety agencies, emergency responders, service providers, insurers, legal authorities, and others when MS Alarm or a service provider believes disclosure is reasonably necessary in connection with the service, an alert, account support, billing, legal compliance, or protection of life, safety, property, rights, or security.

Subscriber authorizes MS Alarm and its service providers to contact Subscriber, User, Emergency Contacts, authorized account managers, caregivers, family members, and other numbers or addresses provided for the account by phone, text message, SMS, email, portal message, push notification, prerecorded message, automated technology, automatic telephone dialing system, or other available communication method for service, emergency, monitoring, billing, account, legal, safety, training, quality, security, and support purposes, subject to applicable law.

By providing phone numbers, email addresses, mailing addresses, or other contact information for any User, Emergency Contact, caregiver, family member, authorized account manager, or other person, Subscriber represents that Subscriber has obtained all required consent or has authority to provide consent for MS Alarm and its service providers to contact those persons in connection with ArmGuard, including by call, text message, prerecorded message, automated technology, or other communication method where permitted by law.

Subscriber must promptly update MS Alarm if any phone number, email address, Emergency Contact, caregiver contact, User contact, or other contact information changes, becomes inactive, is reassigned, is no longer authorized, or should no longer be used.

Calls, signals, alerts, voice communications, audio communications, video communications, electronic communications, portal activity, and other communications with MS Alarm, monitoring centers, central stations, service providers, Emergency Contacts, or responders may be monitored, recorded, stored, transcribed, reviewed, used, and retained for service, dispatch, quality assurance, training, billing, audit, legal, insurance, compliance, and dispute-resolution purposes.

MS Alarm’s Privacy Policy describes information practices for ArmGuard.

ArmGuard may involve sensitive information, including location information, emergency event information, disability-related information, health-related information voluntarily provided to us, call recordings, Emergency Contact information, and information about vulnerable users.

Subscriber authorizes the use and disclosure of that information as reasonably necessary for the service, emergency notification, support, billing, records, legal compliance, safety, insurance, and dispute resolution.

MS Alarm is not a medical provider and does not provide medical advice, diagnosis, treatment, medical monitoring, healthcare, or health insurance.

Unless MS Alarm expressly agrees in a separate signed writing, MS Alarm is not acting as a HIPAA covered entity or business associate merely by providing ArmGuard.

MS Alarm will comply with applicable privacy, security, and breach-notification laws to the extent they apply.

20. False Alarms, Excessive Signals, Responder Fees, and Misuse

Subscriber is responsible for all false alarms, accidental activations, test events not conducted according to instructions, excessive signals, misuse, negligent use, intentional abuse, responder charges, lockbox or access charges, property damage, permit fees, fines, penalties, dispatch fees, cancellation fees, administrative fees, and other costs arising from use or misuse of the System.

MS Alarm may suspend, restrict, reconfigure, require additional training for, or terminate service if an account generates excessive signals, false alarms, abusive communications, safety risks, legal risks, responder complaints, unpaid fees, or operational burdens.

Subscriber remains responsible for all charges and obligations regardless of police, fire, EMS, public-safety, Emergency Contact, caregiver, or responder response or refusal to respond.

21. Acceptable Use and Security Restrictions

You may not:

Misuse the portal or ArmGuard;
Interfere with portal or service operation;
Attempt unauthorized access;
Use another person’s account, payment information, device, phone number, email address, Emergency Contact information, location information, or identity without permission;
Upload malicious content;
Probe or test vulnerabilities;
Reverse engineer systems;
Bypass security controls;
Scrape data;
Overload systems;
Use ArmGuard for unlawful, abusive, fraudulent, deceptive, harassing, or unsafe purposes;
Submit false, misleading, outdated, unauthorized, or incomplete information;
Intentionally trigger false alarms;
Use ArmGuard to track a person without legal authority;
Interfere with monitoring or emergency-notification procedures;
Tamper with devices;
Disable required features;
Resell, transfer, assign, or commercially exploit the service without MS Alarm’s written approval.

MS Alarm may restrict features, suspend access, cancel accounts, deactivate devices, require updated information, refuse support, investigate activity, preserve records, or report activity when MS Alarm believes an account violates these Terms, creates safety, billing, privacy, legal, compliance, reputational, security, or operational risk, or may expose MS Alarm or any Protected Party to liability.

22. Suspension, Termination, Reactivation, Unsupported Service, and No Refunds

MS Alarm may suspend or terminate ArmGuard, monitoring, portal access, device activation, or support if:

Payment is past due;
Payment is reversed or disputed;
Account information is inaccurate;
Emergency Contacts are invalid;
The device is lost or damaged;
The service is misused;
Excessive signals occur;
Required providers or networks are unavailable;
Equipment becomes obsolete or unsupported;
Laws or provider requirements change;
Subscriber violates these Terms;
Continued service creates safety, legal, privacy, billing, security, reputational, or operational risk.

MS Alarm may also suspend or terminate service if third-party monitoring, device, cellular, platform, or network providers discontinue, restrict, or materially change services; if equipment is recalled, unsupported, unavailable, or no longer compatible; or if MS Alarm stops offering a product, plan, feature, or service.

Reactivation may require payment of past-due amounts, reactivation fees, updated account information, device replacement, testing, new Emergency Contacts, new consent records, or a new agreement.

Unless required by law or expressly stated in writing, cancellation, suspension, termination, or non-use does not entitle Subscriber to a refund of activation fees, subscription charges, device charges, shipping, installation, third-party costs, or taxes already charged.

23. Equipment Warranty, Manufacturer Support, Batteries, and Returns

ArmGuard equipment may be manufactured, distributed, supplied, fulfilled, serviced, repaired, or supported by third-party manufacturers, distributors, vendors, or service providers. MS Alarm is not the manufacturer of most devices, batteries, chargers, accessories, software, firmware, cellular components, or third-party platforms.

Unless MS Alarm expressly states otherwise in a separate written agreement, warranty coverage for ArmGuard equipment is limited to the applicable manufacturer’s written warranty, if any, and any pass-through warranty rights MS Alarm is permitted to make available.

For third-party mobile personal emergency response products, warranty coverage may be limited to the applicable manufacturer warranty, which may include limited warranty periods for hardware and batteries as stated in the applicable manufacturer or supplier terms. Battery performance, battery life, charging performance, software, firmware, cellular connectivity, accessories, and replacement eligibility may be subject to separate limits, exclusions, testing, return, and inspection requirements.

MS Alarm does not independently warrant third-party equipment, batteries, accessories, software, firmware, cellular components, or platforms except to the extent expressly stated in a separate written agreement signed by MS Alarm.

The exclusive remedy for defective equipment, if any, shall be repair, replacement, account credit, or another remedy selected by MS Alarm or the applicable manufacturer, vendor, or service provider, subject to applicable warranty terms and applicable law.

Warranty coverage does not apply to damage, defects, or service issues caused by misuse, abuse, neglect, accident, water exposure, environmental conditions, improper charging, unsupported accessories, unauthorized repairs, tampering, alteration, cosmetic damage, shipping damage not timely reported, electrical surge, lightning, acts of God, software updates, firmware changes, cellular network changes, obsolete components, discontinued equipment, unsupported communication paths, loss, theft, or failure to follow instructions.

Subscriber may be required to obtain return authorization before returning equipment. Subscriber is responsible for shipping costs, missing accessories, non-defective returns, testing fees, expedited shipping, and replacement charges unless MS Alarm or applicable law requires otherwise.

To the fullest extent permitted by law, MS Alarm disclaims all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, availability, and system performance.

24. Portal, Website, and Digital-Service Disclaimers

The ArmGuard portal, website, checkout flow, account records, device displays, communications, support systems, and integrations are provided on an “as is” and “as available” basis.

MS Alarm does not guarantee that the portal, website, checkout flow, account records, device displays, communications, support systems, or integrations will be uninterrupted, error-free, secure, compatible, current, or available at any particular time.

Information shown in the portal, including device status, battery status, signal status, location status, alert history, billing details, shipment progress, Emergency Contacts, legal acknowledgements, support updates, and plan details, may come from integrated systems and third-party providers and may not always update in real time.

The portal is for account management and service administration. The portal is not an emergency service, monitoring center, 911 system, medical provider, caregiver, security guard, or substitute for your own emergency planning.

In an emergency, call 911 or the appropriate emergency number directly whenever possible.

MS Alarm is not responsible for losses caused by portal downtime, display errors, synchronization delays, software issues, authentication issues, support delays, third-party outages, communications failures, or inability to access the portal.

25. Third-Party Providers and Subcontractors

Subscriber agrees that MS Alarm may use, appoint, change, replace, and subcontract to third parties to provide or support any part of ArmGuard or related services, including:

Monitoring centers;
Central stations;
Central offices;
Device manufacturers;
Distributors;
Cellular carriers;
Internet providers;
Telephone providers;
Software providers;
Platform providers;
Payment processors;
Shipping providers;
Installers;
Service technicians;
Partners;
Referral sources;
Emergency-notification providers;
Support vendors.

Subscriber appoints MS Alarm as Subscriber’s agent for the limited purpose of arranging, administering, and communicating with such third parties in connection with the service.

MS Alarm shall not obligate Subscriber to make payments directly to such third parties unless Subscriber separately agrees or the applicable plan terms provide otherwise.

MS Alarm is not liable for any loss, injury, death, damage, delay, failure, interruption, error, omission, negligence, act, or failure to act of any third party, including monitoring centers, device manufacturers, cellular carriers, networks, responders, Emergency Contacts, partners, or subcontractors.

All disclaimers, releases, limitations of liability, liquidated-damages provisions, insurance requirements, waiver-of-subrogation provisions, indemnities, arbitration provisions, class-action waivers, and other protections in these Terms inure to the benefit of and may be enforced by the Protected Parties to the fullest extent permitted by law.

26. Insurance Requirement, Release, and Waiver of Subrogation

Subscriber shall maintain insurance adequate to cover personal injury, death, property damage, burglary, theft, fire, smoke, medical expenses, liability, and other risks that ArmGuard, alarm equipment, monitoring, or related services are intended to detect, reduce, report, or address.

Subscriber acknowledges that MS Alarm does not provide insurance and that service charges are not insurance premiums.

Subscriber releases MS Alarm and the Protected Parties from all claims for losses covered or that could have been covered by insurance maintained by Subscriber or others.

Subscriber and any insurer waive all rights of subrogation, contribution, indemnity, or recovery against MS Alarm and the Protected Parties for losses or damages arising from or related to risks the services are intended to detect, reduce, report, or address, including losses caused or allegedly caused by MS Alarm’s ordinary negligence, failure to perform, monitoring failure, device failure, signal failure, or any other cause to the fullest extent permitted by law.

27. Indemnity

Subscriber agrees to defend, indemnify, and hold harmless MS Alarm and the Protected Parties from and against all claims, demands, lawsuits, damages, losses, liabilities, settlements, judgments, fines, penalties, costs, and expenses, including reasonable attorneys’ fees, arising from or related to:

ArmGuard;
The System;
Monitoring;
Emergency notification;
The portal;
A device;
A signal;
A failed signal;
A delayed signal;
A false alarm;
A dispatch;
A non-dispatch;
Response or non-response;
Location information;
Fall detection;
Account information;
Subscriber’s breach of these Terms;
Subscriber’s negligence or misconduct;
Use or misuse of the service;
Failure to follow instructions;
Failure to test or maintain the device;
Failure to keep information current;
Unauthorized enrollment of a User;
Claims by a User, Emergency Contact, family member, caregiver, estate, heir, insurer, public agency, responder, property owner, tenant, employee, patient, resident, or other third party;
Any allegation that MS Alarm or a Protected Party caused, contributed to, or failed to prevent injury, death, loss, delay, or damage.

This indemnity applies even if a claim alleges that MS Alarm or a Protected Party was negligent, failed to perform, or contributed to the loss, except to the extent indemnity cannot be enforced under applicable law.

Subscriber’s duty to defend applies upon request and before final determination of liability.

28. Exculpatory Clause and Release of Liability

To the fullest extent permitted by law, MS Alarm and the Protected Parties shall not be liable for any loss, damage, data loss, data corruption, inability to retrieve data, personal injury, bodily injury, illness, death, emotional distress, property damage, economic loss, business loss, consequential loss, or other harm sustained by Subscriber, User, Purchaser, Emergency Contact, family member, caregiver, estate, heir, insurer, responder, public agency, property owner, tenant, employee, patient, resident, or any other person as a result of any cause arising from or related to:

ArmGuard;
The System;
Monitoring;
Emergency notification;
Alarm equipment;
Device failure;
Signal failure;
Cellular failure;
GPS or location failure;
Fall-detection failure;
Monitoring failure;
Installation;
Service;
Support;
Billing;
False alarm;
Emergency response;
Non-response;
Delay;
Data error;
Account error;
Payment issue;
Portal issue;
Intrusion;
Burglary;
Theft;
Hold-up;
Fire;
Smoke;
Medical event;
Fall;
Wandering;
User error;
Power failure;
Network failure;
Any other related cause.

This release applies regardless of whether such loss or damage was caused by or contributed to by MS Alarm’s ordinary negligence, negligent performance, negligent failure to perform any obligation, strict products liability, breach of contract, breach of warranty, premises liability, failure to train, failure to warn, failure to supervise, failure to dispatch, failure to receive or transmit a signal, or any other legal theory, to the fullest extent permitted by law.

29. Limitation of Liability and Liquidated Damages

If, notwithstanding the exculpatory clause, release, warranty disclaimers, indemnity, insurance obligations, and other protections in these Terms, any liability is imposed on MS Alarm or any Protected Party, Subscriber agrees that it would be impractical and extremely difficult to determine actual damages and that the limitations below are a fair allocation of risk and are not a penalty.

For any ArmGuard or personal emergency response service claim, MS Alarm’s and the Protected Parties’ total aggregate liability shall be limited to the greater of:

$250.00;
5% of the sales price paid for the specific equipment or service giving rise to the claim;
Six times the aggregate monthly service payments paid for the specific service giving rise to the claim at the time of loss.

Total liability for any ArmGuard or personal emergency response service occurrence, event, incident, claim, or series of related claims shall in no event exceed $1,000.00 to the fullest extent permitted by law.

Subscriber may request a higher liability limit only by entering into a separate written supplemental agreement signed by MS Alarm and paying the additional charge MS Alarm requires for the increased limit.

Any increased liability limit is not insurance coverage and does not waive any other defense, release, indemnity, exclusion, warranty disclaimer, or limitation.

To the fullest extent permitted by law, MS Alarm and the Protected Parties shall not be liable for consequential, incidental, indirect, special, exemplary, punitive, treble, loss-of-profit, loss-of-use, loss-of-data, emotional-distress, pain-and-suffering, loss-of-consortium, wrongful-death, survival, or similar damages beyond the agreed liquidated-damages amount, even if advised of the possibility of such damages.

30. Force Majeure and Events Outside MS Alarm’s Control

MS Alarm is not responsible for delay, interruption, non-performance, or failure caused by events outside its reasonable control, including:

Acts of God;
Weather;
Natural disasters;
Fire;
Flood;
Storm;
Lightning;
Epidemic;
Pandemic;
War;
Terrorism;
Civil unrest;
Labor disputes;
Supply-chain issues;
Equipment shortages;
Network outages;
Cellular outages;
Internet or telephone failures;
Power failures;
Utility issues;
Cyberattacks;
Malware;
Denial-of-service attacks;
Government action;
Law changes;
Responder unavailability;
Public-safety system failures;
Carrier changes;
Manufacturer discontinuation;
Third-party provider failures.

31. Electronic Records, Signatures, Communications, and Recordings

You agree that agreements, notices, disclosures, policies, authorizations, payment consents, legal acknowledgements, checkout acceptances, cancellation records, and other records may be provided, accepted, signed, stored, and enforced electronically.

Electronic acceptance, checkbox acceptance, portal acceptance, continued use, device activation, or payment authorization may have the same legal effect as a handwritten signature to the fullest extent permitted by law.

You authorize MS Alarm and its service providers to contact you, Users, Emergency Contacts, authorized account managers, and other numbers or addresses you provide by phone, text message, email, portal message, push notification, prerecorded message, automated technology, or other available methods for service, emergency, billing, account, legal, training, quality, safety, security, and support purposes, subject to applicable law.

Calls and communications with MS Alarm, monitoring centers, central stations, service providers, Emergency Contacts, or responders may be monitored, recorded, transcribed, logged, and retained for service, dispatch, quality assurance, training, billing, audit, legal, insurance, compliance, and dispute-resolution purposes.

32. Changes to Services, Plans, Providers, and Terms

MS Alarm may update, modify, replace, suspend, discontinue, or restrict the portal, services, devices, features, plans, software, pricing, third-party providers, monitoring procedures, communications methods, and support processes at any time to the fullest extent permitted by law.

Features may vary by device, plan, location, coverage, and service provider.

MS Alarm may update these Terms from time to time. When material changes are made, MS Alarm may provide notice through the portal, website, email, checkout flow, billing notice, or other reasonable method.

Continued use, renewal, payment, activation, or failure to cancel after changes become effective constitutes acceptance to the fullest extent permitted by law.

33. Assignment

MS Alarm may assign, delegate, subcontract, transfer, sell, or pledge its rights and obligations under these Terms, customer agreements, accounts, receivables, equipment interests, monitoring arrangements, or service obligations without Subscriber’s consent.

Subscriber may not assign or transfer the account, device, service, or rights under these Terms without MS Alarm’s written approval.

34. No Third-Party Beneficiaries

These Terms are solely for the benefit of Subscriber and MS Alarm, except that the Protected Parties may enforce provisions that expressly benefit or protect them.

No User, Emergency Contact, family member, caregiver, resident, patient, tenant, visitor, responder, healthcare provider, governmental agency, payer, insurer, or other third party shall have any rights, claims, remedies, or causes of action arising from or relating to these Terms, ArmGuard, the System, monitoring, emergency notification, or related services, except as required by law.

Subscriber is responsible for communicating appropriate information, limitations, and expectations to Users, Emergency Contacts, family members, caregivers, residents, patients, tenants, and other persons who may be affected by the service.

35. Government Programs and Reimbursement

MS Alarm makes no representation, warranty, or guarantee that ArmGuard, the System, devices, monitoring, emergency notification, or related services are covered, reimbursable, approved, or eligible for payment under Medicare, Medicaid, any managed care plan, insurance policy, waiver program, governmental benefit program, private benefit program, or third-party reimbursement arrangement.

Coverage, eligibility, reimbursement, authorization, medical necessity, coding, billing, payment, and vendor-approval determinations are made solely by the applicable payer, insurer, plan administrator, governmental authority, program administrator, or responsible third party and may change at any time.

Subscriber remains responsible for all charges owed to MS Alarm unless MS Alarm expressly agrees in writing to accept another payment arrangement.

36. Legal Action, Arbitration, Class Waiver, Jury Waiver, and Time Limit

Any dispute, claim, or controversy arising from or relating to these Terms, ArmGuard, alarm services, equipment, monitoring, installation, billing, the portal, privacy, emergency notification, or the relationship between Subscriber and MS Alarm shall be resolved by arbitration before a single arbitrator administered by Arbitration Services Inc., at the option of either party, except for claims up to $1,000.00, which may be brought in small claims court if eligible.

Subscriber submits to the jurisdiction and laws of Mississippi.

Any litigation or arbitration must occur in the county of MS Alarm’s principal place of business unless applicable law requires otherwise.

Subscriber waives trial by jury and agrees not to bring, join, or participate in claims as a class action plaintiff, class member, collective action participant, private attorney general, or representative plaintiff to the fullest extent permitted by law.

Any action, arbitration, demand, or proceeding against MS Alarm or any Protected Party must be commenced within one year after the cause of action accrues, or the shortest period permitted by applicable law, whichever is longer if required by law.

If MS Alarm prevails or substantially prevails, Subscriber shall pay MS Alarm’s reasonable attorneys’ fees, expert fees, arbitration fees, collection costs, and legal expenses to the fullest extent permitted by law.

37. Full Agreement, No Reliance, Amendments, and Severability

These Terms, the Privacy Policy, checkout disclosures, order terms, service-plan terms, and any separate contract specifying equipment and services constitute the entire understanding between the parties and supersede all prior or contemporaneous statements, advertisements, proposals, emails, conversations, representations, and agreements about the subject matter.

Subscriber acknowledges no reliance on representations, promises, guarantees, warranties, marketing statements, website statements, partner statements, installer statements, technician statements, support statements, monitoring-provider statements, or oral statements not included in these Terms or a written agreement signed by an authorized officer of MS Alarm.

No salesperson, partner, installer, technician, support representative, monitoring provider, or other person may alter these Terms or make binding promises unless an authorized officer of MS Alarm signs a written amendment.

If any provision is deemed void, invalid, unconscionable, or unenforceable, the remaining provisions remain in effect, and the invalid provision shall be enforced to the maximum extent permitted or modified to most closely achieve its intended risk-allocation and liability-limiting purpose.

38. Survival

All provisions that by their nature should survive termination, cancellation, expiration, non-renewal, account closure, equipment return, or deactivation shall survive, including:

Payment obligations;
Equipment-return obligations;
Audit and record provisions;
Privacy authorizations;
Disclaimers;
Releases;
Limitations of liability;
Liquidated damages;
Insurance requirements;
Waiver of subrogation;
Indemnities;
Arbitration provisions;
Class-action waivers;
Jury waivers;
Time limits;
Governing law;
Dispute-resolution provisions.

39. Contact Us

Questions about ArmGuard, these Terms, account status, billing, service, cancellation, support, or legal notices can be directed to:

Mississippi Alarm Inc.
2787 South Frontage Road
Columbus, MS 39701
Lowndes County, Mississippi
Phone: 662-329-5990
Website: www.msalarm.com

Customer Acknowledgement

By purchasing, activating, using, managing, or paying for ArmGuard, I acknowledge and agree that:

I have read and agree to these Terms of Service.
I have read and agree to the ArmGuard Privacy Policy.
ArmGuard is not 911, medical care, a caregiver, a security guard, or a guarantee of emergency response.
In an emergency, the User should call 911 directly whenever possible.
ArmGuard depends on battery charge, device condition, cellular coverage, GPS/location availability, monitoring-center availability, responder availability, account status, and accurate account information.
Fall detection, if included, may not detect all falls and may create false alarms.
Location information may be unavailable, delayed, incomplete, or inaccurate.
I am responsible for testing, charging, maintaining, wearing or carrying, and properly using the device.
I am responsible for keeping User information, Emergency Contact information, billing information, and account information accurate and current.
I am responsible for obtaining any required consent from Users, Emergency Contacts, caregivers, family members, property owners, tenants, employees, patients, residents, or other persons whose information I provide or whose participation is needed for the service.
MS Alarm is not an insurer and does not provide insurance.
ArmGuard is a recurring subscription that automatically renews unless canceled according to MS Alarm’s cancellation procedures.
I authorize MS Alarm and its payment processor to charge my payment method for recurring charges and other amounts owed under my selected plan and these Terms.
Canceling ArmGuard may stop monitoring, emergency-notification services, cellular service, device connectivity, location communication, Emergency Contact notification, and other service features after the effective cancellation date.
These Terms contain important limitations of liability, warranty disclaimers, indemnity obligations, insurance obligations, arbitration provisions, class-action waivers, and jury waivers.
If I am purchasing, activating, or managing ArmGuard for another person, I have authority and permission to do so.

1. Agreement Scope and Included Documents

2. Program Relationship; No Authority to Bind MS Alarm

3. Two-Stage Onboarding and Commercial Terms

4. Promo Codes, Attribution, Commissions, Reversals, and Payouts

5. Customer Enrollment, Checkout, and Required Disclosures

6. Marketing Conduct; No Overpromising; Approved Claims Only

7. Legal Compliance

8. Privacy, Data Protection, and Customer Information

9. Trademarks, Content, Intellectual Property, and Brand Control

10. Confidentiality

11. Non-Solicitation of Customers

12. Records, Audit Trail, and MS Alarm Review Rights

13. Suspension, Termination, and Effect of Termination

14. Partner Indemnity

15. MS Alarm Disclaimers and Limitation of Liability to Partner

16. Governing Law, Venue, Arbitration, Class Waiver, and Jury Waiver

17. Electronic Acceptance, Updates, Severability, and Survival

18. Contact Us

Part II - Final ArmGuard Privacy Policy Included in Partner Agreement

ArmGuard Privacy Policy

1. Scope of This Privacy Policy

2. Information We Collect

Account Information

Purchaser, Subscriber, and User Information

Emergency Contact Information

Device and Service Information

Location Information

Communications Information

Payment Information

Information From Third Parties

3. Consumer Health and Health-Related Information

4. How We Use Information

5. Location Information and Emergency Events

6. How Information Is Shared

7. Service Providers and Subprocessors

8. Monitoring Providers, Emergency Responders, and Emergency Contacts

9. Information About Other People

10. Payment Information

11. Cookies, Portal Logs, and Similar Technologies

12. Analytics and Service Improvement

13. We Do Not Sell Personal Information or Share It for Cross-Context Behavioral Advertising

14. Text Messages, Calls, and Communications

15. Call Recording and Monitoring

16. Security

17. Security Incidents

18. Data Retention

19. State Privacy Rights

20. Do Not Track Signals

21. United States Services

22. Children's Privacy

23. Changes to This Privacy Policy

24. Contact Us

Part III - Final ArmGuard Terms of Service Included in Partner Agreement

ArmGuard Terms of Service

Important Service Limitations

1. Parties and Key Definitions

2. Acceptance of Terms

3. Authority to Enroll or Manage Another Person

4. Incorporated Policies and Order Terms

5. ArmGuard Portal and Account Access

6. Automatic Renewal, Recurring Billing, Cancellation, and Refunds

Renewal Charges

Trial, Promotional, Discounted, or Introductory Offers

Price Changes and Pass-Through Costs

Cancellation Procedure

Effect of Cancellation

Refunds

Equipment Return After Cancellation

Failed Payments and Charge Disputes

Records of Consent and Account Terms

State-Specific Rights

7. Equipment, Shipment, Activation, Ownership, and Returns

8. Activation, Testing, Training, and Maintenance

9. Scope of ArmGuard Services

10. Third-Party Monitoring Provider Limitations

11. Permits, Verified Response, Excessive Activity, and Account Information

12. Emergency Notification Only; Not Medical Care

13. No Guarantee; MS Alarm Is Not an Insurer

14. Device, Battery, Cellular, GPS, Location, Fall Detection, and Environmental Limitations

15. Monitoring and Response Limitations

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