1. Monitoring Service and Equipment Ownership

All alert communications with the customer shall be via the WhatsApp application.

Ownership and responsibility for maintenance of equipment rest with the Customer.

USVG shall integrate with the Customer’s existing equipment, or through a third party facilitate the installation of the necessary equipment.

Access for Installation and Maintenance: Customer agrees to grant USVG access to the Monitored Location for installation, configuration, and ongoing remote and onsite support.

2. Fees and Payment

Service Fees: Monthly monitoring fees shall be agreed upon by customer and US Virtual Guard. Customer agrees to pay all monthly monitoring fees by the date they are due. Any changes to configurations or services will result in a corresponding adjustment to fees.

Recorded Footage and Data Retention: USVG does not store any video or data recordings unless there is an incident where footage was recorded during the event. If the customer equipment has a storage device, continuous recordings are stored locally on Customer’s equipment. Should Customer require extended storage capabilities, it is their responsibility to ensure adequate hardware is in place or to contract a third party to manage data storage.

Invoices: Payments are due within thirty (30) days of invoice receipt. Overdue payments will accrue late fees of $25 per month.

Adjustments: US Virtual Guard may adjust fees with thirty (30) day notice.

Taxes: Customer is responsible for any applicable state and local taxes related to the Services.

Technical Support: Included in the monitoring fee is 1 hour of support. Thereafter, support will be charged at $180 per hour.

Footage Investigation: Included in the monitoring fee is 5 hours of footage investigation. Thereafter this will be charged at $50 per hour.

3. Equipment Liability and Maintenance

No Liability for Existing Equipment: US Virtual Guard assumes no responsibility for failures or limitations of existing equipment integrated into the monitoring system. US Virtual Guard is not liable for security gaps caused by malfunctioning, outdated, or improperly configured equipment or any reason not related to USVG.

Downtime Disclaimer: US Virtual Guard is not responsible for any incidents occurring during equipment downtime, regardless of the cause.

Third-Party Installer Responsibility: If Customer’s system was installed by a US Virtual Guard-approved low-voltage installation partner, the partner is responsible for ongoing maintenance and repairs. Customers should refer to their agreement with the installer for specific terms. This service does not include any onsite service or Internet service provider (ISP) related issues.

4. Privacy and Use of Recordings

The customer is responsible for ensuring compliance with New York’s SHIELD Act and other applicable federal, state, and local privacy laws regarding surveillance equipment usage.

Data Processing and Storage: By engaging the services of US Virtual Guard, the Customer grants US Virtual Guard and its affiliates an irrevocable, non-exclusive, and royalty-free right to access, review, and utilize any video footage or images gathered by US Virtual Guard during the duration of the Customer’s use of its services. This authorization includes, but is not limited to, the use of such footage for advertising purposes, security monitoring, incident investigation, quality assurance, training, and compliance with applicable laws and regulations. The Customer acknowledges that US Virtual Guard shall retain all rights to store and process such footage in accordance with federal, state, and local laws governing data privacy and security. The Customer further waives any claims against US Virtual Guard arising from the lawful use of such footage.

5. Indemnification

Customer agrees to indemnify, defend, and hold harmless US Virtual Guard LLC, its affiliates, officers, directors, employees, agents, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, and expenses, including but not limited to reasonable attorneys’ fees and court costs, arising out of or related to:

• Misuse of surveillance equipment or data
• Customer’s Use of Services – Any claims or disputes resulting from Customer’s use of US Virtual Guard’s monitoring and surveillance services, including but not limited to allegations of privacy violations, unauthorized data collection, or improper use of surveillance footage.
• Breach of Agreement – Any failure by Customer to comply with the terms and conditions of this Agreement, including but not limited to non-payment of fees, unauthorized modifications to equipment, or failure to maintain security protocols.
• Third-party actions resulting from video surveillance deployment.
• Third-Party Claims – Any claims brought by third parties, including but not limited to property owners, tenants, employees, visitors, or law enforcement agencies, arising from the installation, operation, or use of surveillance equipment at Customer’s premises.
• Regulatory Compliance – Any fines, penalties, or legal actions resulting from Customer’s failure to comply with applicable federal, state, or local laws, including but not limited to New York’s SHIELD Act, General Business Law, and privacy regulations governing electronic surveillance.
• Negligence or Misconduct – Any claims arising from Customer’s negligence, willful misconduct, or failure to properly maintain surveillance equipment, including but not limited to security breaches, unauthorized access, or data leaks.
• Damage or Loss of Property: USVG shall not be responsible for the loss or damage of any property. USVG shall not be responsible for any harm or loss to any person on the customer property.

6. Modification & Termination

Modifications: Any amendment to this Agreement must be executed in writing and agreed upon by both Parties.

Termination: Either Party may terminate this Agreement with sixty (60) days’ prior written notice. Termination does not release the Customer from outstanding fees owed to US Virtual Guard.