END-USER / VAR LICENSE AGREEMENT
Terms of Service
1. SERVICES End Users/VARs must provide their own broadband internet connection to access the Services. An active account entitles the user to access the Services via one single internet-enabled login instance, unless additional accounts are included in the subscription.
2. CUSTOMER CONDUCT AND USE You are solely responsible for your use of the Services and compliance with all applicable local, provincial, federal, and international laws. You agree to:
- Not use the Services for illegal or unlawful purposes;
- Not cause loss, interference, or degradation of the Services for other users;
- Comply with all rules, policies, and procedures of any networks connected to the Services.
3. ELIGIBILITY You must be at least 18 years old, or the age of majority in your province of residence, to use the Services.
4. SAFETY AND RESPONSIBILITY You are responsible for ensuring that your use of the Services complies with all applicable safety measures, laws, and common-sense precautions.
5. INTELLECTUAL PROPERTY AND DATA OWNERSHIP
- Customer Recordings: All video recordings, audio recordings, and images captured by equipment on your property are owned by you, the Customer.
- Access Rights: While you own all your recordings, you allow Radius Security to securely store, view, and use them only to deliver your security service and support. You also agree that Radius Security may share recordings with policewhen they are needed for an active incident, investigation, or when required bylaw.
- Metadata & Analytics: Radius Security retains ownership of all anonymized metadata, analytics, and platform-generated operational data, which may be used to enhance platform functionality, algorithms, and service offerings.
- You agree not to reverse engineer, modify, copy, or otherwise tamper with any technology, devices, or software incorporated into the Services.
6. SECURITY AND ACCESS Data transmitted between servers and devices is encrypted. However, internet transmission security cannot be guaranteed. You are responsible for safeguarding your passwords and access credentials and for notifying Radius Security immediately if you suspect unauthorized access. Radius may suspend service to protect security if a breach is suspected.
7. SERVICE INTERRUPTIONS The Services may be unavailable from time to time due to internet outages, power failures, environmental conditions, Acts of God, maintenance, or other factors beyond Radius Security’s control. Radius Security is not liable for such interruptions. This Agreement may also be suspended or terminated if the premises or equipment are destroyed by fire or other catastrophe or so damaged that it is not practical to continue service.
8. INSURANCE AND COMPANY’S LIMITATION OF LIABILITY The Equipment and Services provided by Radius Security alone will not prevent a loss or personal injury caused by burglary, fire, holdup, theft, unauthorized entry or other occurrence. Insurance against personal injuries and property including fire loss or damage is your responsibility. Radius Security is not an insurer and the Equipment and Services are not substitutes for insurance. You shall maintain insurance covering you and all others for all loss, damage or expense arising out of or from (i) breach of this Agreement, (ii) the failure of the Equipment to operate as intended or (iii) the failure of the Services to provide the results intended. Your recovery for any loss, damage or expense to your premises or property or persons present on your premises shall be limited to recovery from your insurance. If Radius Security is found responsible for any damage, its liability shall be limited to a maximum amount of ten thousand dollars ($10,000). You expressly waive any claims against Radius Security with respect to consequential or indirect damages, including loss of use, loss of profits and other economic loss.
9. RELEASE OF INSURED LOSSES; WAIVER OF SUBROGATION You shall obtain and maintain insurance coverage to coverall losses, damage or injury related to or sustained by you or your employees, agents, contractors, or invitees in connection with the Equipment or Services provided by Radius Security. For all such losses, damage, or injury, you shall look solely to your insurer for recovery and hereby waive any and all claims for such loss against Radius Security. You agree to obtain insurance permitting said waiver without invalidating coverage and waive any right of subrogation against Radius Security.
10. INDEMNIFICATION You shall indemnify and hold harmless Radius Security from all losses, damages, costs or expenses including attorneys' fees arising out of or from (i) this agreement, (ii) the Equipment, (iii) the Services, or (iv) any claims including negligence of Radius Security of any kind or degree, except to the extent caused solely by Radius Security's gross negligence or willful misconduct.
11. FAIR USAGE POLICY Certain subscription plans are subject to fair usage limits. Excessive data use may result in your plan being moved to a Pay-As-You-Go model. Overages will be billed according to the then-current rate. Radius will notify you of overages before applying changes.
12. PAYMENT You authorize Radius Security to collect payment using your agreed payment method. Recurring subscription fees and usage charges may be billed automatically. You are responsible for keeping your payment method valid and funded.
13. LATE/NON-PAYMENT Radius Security may suspend or terminate Services for late or non-payment. Late payments may incur interest or fees, and you will be responsible for any collection costs, including legal fees.
14. TIME LIMITATION ON ACTIONS All claims, actions or proceedings in connection with thisAgreement against Radius Security must be commenced within one (1) year after the cause of action has accrued, or such claims are barred.
15. APPLICABLE LAW If you acquired the Services in Canada, this Agreement is governed by the laws of the Province of British Columbia, Canada, and you consent to the exclusive jurisdiction of the courts of British Columbia. If you acquired the Services elsewhere, local law may apply.
16. ENTIRE AGREEMENT; SEVERABILITY This Agreement constitutes the entire agreement between you and Radius Security regarding the Services. If any provision is found invalid or unenforceable, the remaining provisions remain in effect.