Service Level Agreement

This Service Level Agreement (“SLA”) applies only to the Services listed below in section 1 (“Included Services”) and applies separately to each EVALINK Account using the Included Services. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.

Service evalink talos AMS (“evalink talos AMS”)

Service evalink talos UI (“evalink talos UI”)

Service evalink talos Virtual SIA DC-09 Receiver (“Virtual SIA DC-09 Receiver”)

Service evalink talos Virtual TNA Receiver (“Virtual TNA Receiver”)

Service evalink talos Virtual Vanderbilt SPC Receiver (“Virtual Vanderbilt SPC Receiver”)

Service evalink talos Virtual VdS Receiver (“Virtual VdS Receiver”)

Service evalink talos Generic Receiver (“Generic Receiver”)

Service evalink talos Virtual Paradox Receiver (“Virtual Paradox Receiver”)

Service evalink talos Virtual Fibro Receiver (“Virtual Fibro Receiver”)

Service Twilio VoIP Calls (“Twilio VoIP Calls”)

Service Twilio Automated Calls (“Twilio Automated Calls”)

Service Twilio SMS Notifications (“Twilio SMS Notifications”)

Service evalink talos Virtual Alarm Dispatcher (“Virtual Alarm Dispatcher”)

Sitasys will use commercially reasonable efforts to make the Included Services each available with a Monthly Uptime Percentage, during any monthly billing cycle, of at least 99.95% (the “Service Commitment”). In the event any of the Included Services do not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

Service Credits are calculated as a percentage of the charges paid by you to Sitasys under the concerned EVALINK Account for the applicable Included Service for the monthly billing cycle in which the Monthly Uptime Percentage fell within the ranges set forth in the table below:

We will apply any Service Credits only against future payments otherwise due from you for the applicable Included Service under the concerned EVALINK Account. At our discretion, we may issue the Service Credits to the credit card you used to pay for the billing cycle in which the unavailability occurred. Service Credits will not entitle you to any refund or other payment from Sitasys. Service Credits will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one Euro (1 EUR). Service Credits may not be transferred or applied to any other account. Your sole and exclusive remedy for any unavailability or non-performance or other failure by us to provide the Included Services is the receipt of Service Credits (if eligible) in accordance with the terms of this SLA.

To receive Service Credits, you will need to submit a claim by opening a case by e-mail to notice@sitasys.com with uptime link and docs. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:

(i) the words “SLA Credit Request” in the subject line;

(ii) the billing cycle with respect to which you are claiming Service Credits, together with the Monthly Uptime Percentage for the billing cycle and the specific dates, times, and Availabilities for each 5-minute interval with less than 100% Availability throughout the billing cycle;

(iii) your Request logs that document the Errors for your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).

If the Monthly Uptime Percentage of such credit request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credits to you within one billing cycle following the month in which the credit request occurred. Your failure to provide the credit request and other information as required above will disqualify you from receiving Service Credits.

The Service Commitment does not apply to any unavailability, suspension or termination of an Included Service, or any other Included Service performance issues: (i) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of the applicable Included Service; (ii) that result from any actions or inactions from you or any third party (e.g. scaling of provisioned capacity, misconfiguring workflows or integrations, EVALINK Account configurations or credential settings, disabling EVALINK Services, etc.); (iii) that result from you not following the best market practices and training materials available on the EVALINK Site; (iv) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); or (v) arising from our suspension or termination of your right to use the applicable Included Service in accordance with the Agreement (collectively, the “SLA Exclusions”).

If availability is impacted by factors other than those explicitly used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.

“Availability” is calculated for each 5-minute interval as the percentage of Requests processed by the applicable Included Service that do not fail with Errors and relate solely to the provisioned Included Service. If you did not make any Requests in a given 5-minute interval, that interval is assumed to be 100% available.

An “Error” is any Request that returns a 500 or 503 error code.

“Monthly Uptime Percentage” is calculated as the average of the Availability for all 5-minute intervals in a monthly billing cycle. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusion (defined above).

an API or HTTPS request by directly calling the Publish API and/or an inability to access and use the web interface of Included Services through HTTPS with Chrome or Firefox browsers in their consumer version without third party add-ons.

A “Service Credit” is a dollar credit, calculated as set forth above, that we may credit back to an eligible account.

This Service Level Agreement makes an integral part of our EVALINK Agreement.

EVALINK Services List

Site management and storing alarms, executing manual or automated workflows based on trigger conditions.

User access to evalink talos UI, manual alarm management, configuration.

Description: Managing connections to, receiving alarms from, and sending downframes to SIA DC-09 alarm systems.

Description: Managing connections to, receiving alarms from, and sending downframes to Sitasys alarm transmitters.

evalink talos Virtual Vanderbilt SPC Receiver

Description: Managing connections and receiving alarms including audio/video data from Vanderbilt SPC panels. Sending down-stream messages to SPC panels.

Description: Managing connections to, receiving alarms from,
and sending downframes to VdS 2465-S2 and VdS SecurIP alarm systems.

Description: Allows to connect 3rd party receivers to receive alarms. 

Description: Managing connections and receiving alarms from Paradox Alarm Panels. 

Description: Managing connections and receiving alarms from DSC Fibro Alarm Panels. 

Description: Enable browser-based incoming and outgoing VoIP calls. 

Description: Allows making text-to-speech calls using the Twilio programmable voice service. 

Description: Allows sending SMS using the Twilio programmable SMS service. 

Description: Forward alarms to 3rd party monitoring software. 

Our private policy marks an integral part of our evalink agreement. Learn how we use our services, collect, use, process, and manage data, billings, and payments.

EVALINK Agreement

This EVALINK Agreement is entered into by and between SITASYS AG, a Swiss société anonyme, with its principal place of business at Industriestrasse 6 4513 Langendorf SO (“Sitasys”), and the entity you represent (“Customer”). This Agreement takes effect when you click on “I Accept” button or check the box presented with these terms (the “Effective Date”). You represent to Sitasys that you have legal authority to bind the Customer and to enter in this EVALINK Agreement for the Customer. You will identify the Customer in the appropriate field of the EVALINK Account you created for Customer’s use of the Services. 

Customer may access and use the Services in accordance with this Agreement. The Services are set forth in the Services Description. Sitasys will provide at least twelve (12) months prior Notice to Customer if Sitasys decides to discontinue a Service, or a material functionality of the Services, that it makes generally available to its customers and that Customer is using. Sitasys will not be obligated to provide the Notice under this Section “Description of the Services” if the Notice period (a) would pose a security or intellectual property issue to Sitasys or the Services, or (b) would cause Sitasys or its Customers to violate a binding regulation, standard or a governmental or administrative authority’s request. Where Sitasys is excused from providing Notice under this Section “Description of the Services”, Sitasys will use commercially reasonable efforts to provide as much advance Notice as is reasonably practicable under the circumstances (which Customer acknowledges may be no prior notice).

Customer acknowledges that access and use of the Services require use of different Elements. Customer may also decide to use, in relation with the Services, additional Elements, including Third-Party Elements, that are not necessary for use of the Services. Elements are not part of the Services and are not governed by this Agreement. Customer is responsible (i) for the selection, set up, maintenance, use and payment of the Elements and (ii) to verify that the Elements are and remain compatible with the Services. Sitasys will not be liable for (i) any failure of the Services or damage that is arising from or related to the Elements or for (ii) the connection of the Services to the Elements or the compatibility of the Services with the Elements.

To access and use the Services, Customer will create an EVALINK Account on EVALINK Site. Customer will only create one EVALINK Account and will access and use the Services via its EVALINK Account.

Via its EVALINK Account, Customer may elect to (i) use the Services to provide Customer’s services to End Users or to (ii) enable End Users to access or use the Services or Customer Content. Sitasys will have no relationship with End Users. Customer will enter into a contract directly with its End Users and Customer will be responsible for End Users’ access and use of the Services and Customer Content. Sitasys will not provide any training or support Services to End Users. 

Sitasys may delegate to a subcontractor a portion of its obligations to provide the Services to Customer under this Agreement (the “Subcontractor”). Sitasys will (a) impose appropriate contractual obligations upon its Subcontractors, and (b) be responsible if the acts or omissions of its Subcontractors cause Sitasys to breach any of its obligations under this Agreement. The use of Subcontractors will not release Sitasys from any of its obligations under this Agreement.

Sitasys will perform the Services in accordance with the service levels as set forth in the Service Level Agreement. Sitasys will provide sixty (60) days’ prior Notice to Customer before materially reducing the benefits offered to Customer under the Service Level Agreement. 

1.7 Training, Support, Professional Services

The Services do not include training, support, or professional services, except as expressly set in the Services Description. The support or training Services may be provided by Sitasys directly or by a partner appointed by Sitasys. The partner will provide the training or support Services as a Subcontractor and Sitasys will remain responsible for the support or training Services provided by the partner. Customer may purchase additional training, support and/or professional services, at additional costs, under a separate agreement entered by Customer with Sitasys or one of Sitasys’ partners. 

Sitasys will implement reasonable and appropriate security measures, including against accidental or unlawful loss, access, or disclosure of Customer Content, as described in the Security Policy. Sitasys will Notify the Customer at least when Sitasys modifies materially the Security Policy. If Customer’s access or use of the Services poses a security risk to the function of the Services, to Sitasys or to a third-party, Sitasys may suspend Customer’s right to access or use the Services providing a prior reasonable Notice except when immediate suspension is necessary to limit and/or contain the security risk. Upon resolution of the security risk, Sitasys will restore full access or use of the Services. Sitasys will not charge Fees for the suspended Services. 

Sitasys may only access, use or disclose Customer Content when, and to the extent, necessary to maintain or provide the Services, or as necessary to comply with the law or a binding order of a governmental or administrative body. When disclosure of Customer Content is necessary to comply with the law or a binding order of a governmental or administrative body, Sitasys will disclose Customer Content only to the extent compelled by law to do so and provided Sitasys gives Customer prior notice of the compelled disclosure (to the extent legally permitted) and, upon Customer’s reasonable request, commercially reasonable assistance, at the Customer’s cost, if the Customer wishes to contest the disclosure.

Sitasys log-in credentials are for Customer’s internal use only and Customer will ensure their confidentiality. Customer may not sell, transfer or sublicense them to any other entity or person, except that Customer may disclose its log-in credentials only to its agents and subcontractors performing work on behalf of Customer and only if such disclosure is strictly required for the performance of the work. Except to the extent caused by Sitasys’ breach of this Agreement, as between the parties, Customer is responsible for all activities that occur under its EVALINK Accounts.

Customer has a variety of options to choose from when configuring the Services via its EVALINK Account. Customer is responsible for properly (i) configuring its EVALINK Account, the Services (ii) selecting and configuring Elements.

3.3 Unauthorized Use or Access Notification

Customer will Notify without delay Sitasys of any unauthorized access to or use of the Services by Customer, an End User or a third-party.

In the contract that Customer enters with End Users, Customer will impose on End Users at least the same obligations than Customer has under this EVALINK Agreement (including, but not limited to, the obligation to comply with applicable laws and regulations, standards and obligations under the Acceptable Use Policy). Customer is sole responsible for End Users’ access and use of Customer Content, the Services, the Elements and Customer’s services.

Customer will pay to Sitasys the Fees for the Services as set forth in the Financial Terms. If Sitasys increases a Service Fee, Sitasys will provide sixty (60) days’ prior Notice.

Sitasys will invoice Customer at the end of each month for all applicable Fees accrued for use of the Service during the month. Customer will pay Sitasys invoiced amounts within thirty (30) days of the date of the invoice. Customer will pay Fees without setoff or counterclaim and without deduction or withholding.

Sitasys may charge Customer interest at the rate of 1.5% per month (or the highest rate permitted by law, whichever is less) on all late payments.

After providing Customer with a thirty (30) days’ prior Notice to pay an overdue amount, Sitasys may limit totally or partially Customer’s right to access or use the Services until full payment of the overdue amount is received by Sitasys.

This Section “Overdue Amounts” does not apply to amounts disputed in good faith by the Customer. Amounts disputed in good faith will be handled as per Section “Disputed Amounts”.

If the Customer disputes in good faith an invoice (partially or totally), Customer will Notify Sitasys the basis for the dispute and any supporting documentation (together “Dispute Basis”) within thirty (30) days of the date of the invoice, and the parties will meet to resolve the dispute within twenty (20) days as from receipt of the Dispute Basis. If the parties fail to resolve the dispute after the last meeting within the twenty (20) days period, and if Sitasys considers reasonably that there is no valid basis to the dispute, then, after providing a ten (10) days’ Notice, Sitasys may partially or totally limit Customer’s right to access or use the Services until the dispute is resolved.

As required under applicable law, each party will identify and pay all taxes and other governmental fees, charges, any penalties, interest, and other additions thereto, that are imposed on that party upon or with respect to the transactions and payments under this Agreement. All Fees payable by Customer are exclusive of Indirect Taxes. Sitasys may charge and Customer will pay applicable Indirect Taxes that Sitasys is legally obligated or authorized to collect from Customer. Customer will provide such information to Sitasys as reasonably required to determine whether Sitasys is obligated to collect Indirect Taxes from Customer. Sitasys will not collect, and Customer will not pay, any Indirect Tax for which Customer furnishes Sitasys a properly completed exemption certificate or a direct payment permit certificate for which Sitasys may claim an available exemption from such Indirect Tax. All payments made by Customer to Sitasys under this Agreement will be made free and clear of any deduction or withholding, as may be required by law. If any such deduction or withholding (including but not limited to cross-border withholding taxes) is required on any payment, Customer will pay such additional amounts as are necessary so that the net amount received by Sitasys is equal to the amount then due and payable under this Agreement. Sitasys will provide Customer with such tax forms as are reasonably requested in order to reduce or eliminate the amount of any withholding or deduction for taxes in respect of payments made under this Agreement.

If the parties have already entered into a nondisclosure agreement (“NDA”) prior to executing this Agreement and provided such NDA covers Confidential Information as defined in this Section below, then the NDA is incorporated by reference into this Agreement, except that the security provisions in Section “Security”, not the NDA, apply to Customer Content.

5.2 Definition of Confidential Information

“Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes, without limitation nonpublic information relating to the Disclosing Party’s technology, products, services, promotional and marketing activities, processes, data, customers, business plans and methods, finances and other business affairs, third-party information that the Disclosing Party is obligated to keep confidential, and the nature, content and existence of business discussions, negotiations between the parties, the terms and conditions of this Agreement. Nonpublic information regarding Customer’s services is, without limitation, Customer’s Confidential Information. The Services and related Sitasys’ Contents, are, without limitation, Sitasys Confidential Information. 

Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third-party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.

5.4 Protection of Confidential Information

The Receiving Party will (i) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement and (ii) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its employees, contractors, Subcontractors, legal counsel and accountants who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections not materially less protective of the Confidential Information than those herein. Access by those employees, contractors, legal counsels, and accounts will be limited to the extent strictly required for the purposes consistent with this Agreement. 

The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure.

Neither Sitasys nor Customer will issue any press release or make any other public communication with respect to this Agreement or Customer’s use of the Services without the other party express written consent.

The obligations set forth in this Section Confidentiality will remain in full force during the term of this Agreement and for a period of two years after its termination for any reasons.

Each party will comply with all privacy laws and regulations applicable to it and binding on it. When acting on behalf of Customer, Sitasys will process Customer’s personal data in accordance with the Data Processing Agreement accessible on EVALINK Site as it may be modified by Sitasys from time to time to address changes in privacy laws and regulations, in the Services (description or operational changes). Sitasys will provide a Notice to Customer of changes to the Data Processing Agreement. If Customer does not accept the modifications to the Data Processing Agreement, Customer will terminate the EVALINK Agreement in accordance with Section the “Termination” of the EVALINK Agreement. 

Customer is responsible for determining what personal data it submits to the Services and for ensuring that personal data collection and the processing instructions are compliant with applicable privacy laws and regulations (including, but not limited to, as it may be applicable, inform data subjects and obtain their consents, rely on a valid legal basis for the processing, comply with sensitive data processing rules). 

Processing of personal data for training and support Services, for billing and for contract and commercial relationship management, are described in the Sitasys’ policy on privacy and cookies that is available on EVALINK Site for information purposes and may be modified from time to time.

Customer grants Sitasys, and its Subcontractors, a worldwide license to host, copy, encrypt, transmit and display Customer Content as strictly necessary for the provision of the Services to the Customer in accordance with this Agreement. Subject to this limited license right required for Sitasys to provide the Services to Customer, as between Customer and Sitasys, Customer (or Customer’s licensors) owns and will continue to own all right, title, and interest including all related intellectual property rights, in and to Customer Content. Except as provided in this Agreement, Sitasys obtains no rights under this Agreement from Customer (or Customer’s licensors) to Customer Content.

Sitasys owns and will continue to own all right, title and interest, including all related intellectual property rights, in and to the Services and all related technology and Contents including, but not limited to, application program interfaces (API)s, WSDLs, sample code, software libraries, command line tools, proofs of concept, templates. Subject to the terms of this Agreement, Sitasys grants Customer a limited, revocable, worldwide, non-exclusive, non-sublicensable, non-transferrable license to access and use the Services and related technology and Contents solely in accordance with this Agreement and solely for Customer’s permitted use of the Services. The Fees set forth in this Agreement include the price of the Services license. Some limited parts of the Services or Sitasys’ Content may be provided under a separate open-source license as identified in the Services Description or directly in the notice file or on the download page. 

Neither Customer nor any End Users may use the Services or related Sitasys’ Content in any manner or for any purpose other than as expressly permitted by this Agreement. Neither Customer nor any End User may, or may attempt to (i) copy, modify, alter, repair, tamper with, create derivative works on the Services, any element, Content of the Services (including, but not limited to, features, functions, designs, code, architecture or graphs of the Services) or Sitasys’ Content, (ii) access or use the Services in a way intended to avoid incurring Fees, reduce Fees or exceeding usage limits or quotas, (iii) reverse engineer, disassemble, or decompile the Services or apply any other process or procedure to derive the source code of any software included in the Services or in Sitasys’ Content, or (iv) resell or sublicense the Services.

Customer acknowledges that any trademarks, Services marks (including, but not limited to, “evalink”), Services or trade names, logos, and other designations of Sitasys that Sitasys may make available to Customer in connection with this Agreement are trademarks of Sitasys, and no license to Sitasys’ trademarks is granted herein. Customer will not misrepresent or embellish the relationship between Sitasys and Customer nor imply any relationship or affiliation between Sitasys and Customer except as expressly permitted by this Agreement or a separate written agreement between the parties.

Customer may elect, at its sole discretion, to provide to Sitasys an improvement suggestion to the Services. If Customer elects to provide such improvement suggestion, then Customer grants to Sitasys, for the maximum duration permitted by applicable law, a royalty-free, worldwide, transferable, sub-licensable, license to use or incorporate into the Services such improvement suggestion.

Sitasys may collect and aggregate data derived from the operation of the Services provided that the data is completely anonymized (“Aggregated Data”), and Sitasys may use such Aggregated Data for purposes of operating and monitoring performance of the Services, and improvement of the Services.

Sitasys will defend Customer and its employees, officers, and directors against any third-party claim alleging that the Services infringe or misappropriate that third-party’s intellectual property rights and will pay the amount of any adverse final judgment or settlement. The obligations under this Section “Indemnification by Sitasys” will apply provided that Customer: (a) gives Sitasys Notice of the third-party claim promptly after receiving it (b) permits Sitasys to control the defense and settlement of the third-party claim; and (c) reasonably cooperates with Sitasys (at Sitasys’ expense) in the defense and settlement of the third-party claim. In no event will Sitasys agree to any settlement of any claim that involves any commitment, other than the payment of money, without the written consent of the other.

The obligations under this Section “Indemnification by Sitasys” will not apply to claims to the extent arising from (i) unauthorized modification of the Services or (ii) combinations of the Services with any other product, service, software, data, content, or method. 

For any claim covered by this Section “Indemnification by Sitasys”, when Sitasys becomes aware of such third-party claim, or Sitasys reasonably believes such a claim will occur, Sitasys may, at its sole option: (i) obtain for Customer the right to continue use of the portion of the Services alleged to be infringing; (ii) replace or modify the alleged infringing portion of the Services so that it is no longer alleged to be infringing; or, (iii) terminate the alleged portion of the Services or the Agreement.

The remedies provided in this Section “Indemnification by Sitasys” are the sole and exclusive remedies for third-party claims of infringement or misappropriation of intellectual property rights by the Services. 

Customer will defend Sitasys and its employees, officers, and directors against any third-party claim alleging that any Customer Content infringes or misappropriates such third-party’s intellectual property rights and will pay the amount of any adverse final judgment or settlement (“Third-Party IP Claim against Sitasys”). Customer will defend, indemnify and hold harmless Sitasys, and their respective employees, officers, directors, and representatives against any damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) arising from or related to any third-party claim that arises from (i) a breach of this Agreement by Customer or End Users, or (ii) from any dispute between Customer and any End User (“Third-Party Breach or Dispute Claim against Sitasys”) (Third-Party IP Claim against Sitasys and Third-Party Breach or Dispute Claim against Sitasys together the “Third-Party Claims against Sitasys”). The obligations under this Section “Indemnification by Customer” will apply provided that Sitasys: (a) gives Customer Notice of the Third-Party Claims against Sitasys promptly after receiving it, (b) permits Customer to control the defense and settlement of the Third-Party Claims against Sitasys; and (c) reasonably cooperates with Customer (at Customer’s expense) in the defense and settlement of the Third-Party Claims against Sitasys. In no event will Customer agree to any settlement of any claim that involves any commitment, other than the payment of money, without the written consent of the other.

The remedies provided in this Section “Indemnification by Customer” are the sole and exclusive remedies for Third-Party Claims against Sitasys.

Sitasys represents and warrants to Customer that the Services will perform substantially in accordance with the Services Description.

Sitasys represents and warrants to Customer that it will perform this Agreement in compliance with all laws and regulations applicable to its performance of the Services.

Customer warrants and guarantees that Customer Content and Customer’s access and use of the Services and the Elements will be and remain compliant with the Agreement and any applicable laws, regulations, and standards. Without prejudice to any Sitasys’ rights and remedies under this Agreement, if Customer Content, Customer’s access or use of the Services or the Elements violates the Agreement or any applicable laws, regulation or standards and poses a liability, costs, exposure or security risk to the function of the Services or to Sitasys or to a third-party, then Sitasys may suspend, totally or partially, Customer’s right to access or use the Service providing a prior reasonable Notice except when immediate suspension is necessary to limit, contain the risk. Upon resolution of the risk, Sitasys will restore full access and use of the Services. Sitasys will not charge Fees for the suspended Services access or use.

Customer acknowledges that to access and use the Services, Customer must be a professional alarm and security expert. Customer warrants and guarantees that Customer’s access and use of the Services and the Elements will be and remain, at all times, compliant with applicable security and alarm industry state of the art and best practices related to Customer’s access and use of the Services.

Each party represents and warrants to the other that it has full power and authority to enter into and perform this Agreement.

EXCEPT AS EXPRESSLY SET FORTH IN SECTIONS 9.1 AND 9.3, AND EXCEPT TO THE EXTENT PROHIBITED BY LAW, SITASYS AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE SERVICES OR THE THIRD-PARTY ELEMENTS, AND DISCLAIM ALL OTHER WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (A) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (B) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (C) THAT THE SERVICES OR THE THIRD-PARTY ELEMENTS WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, AND (D) THAT ANY ELEMENT OR CONTENT, INCLUDING, BUT NOT LIMITED TO, CUSTOMER CONTENT OR THIRD PARTY ELEMENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. THIS SECTION 9.4 DOES NOT LIMIT SITASYS' EXPRESS OBLIGATIONS UNDER THIS AGREEMENT. 

EXCEPT FOR BREACH OF SECTION “SERVICES LICENSE” OR SECTION “TRADEMARKS” OR FOR PAYMENT OBLIGATIONS ARISING UNDER SECTION “INDEMINIFICATION BY CUSTOMER” FOR THIRD-PARTY BREACH OR DISPUTE CLAIM AGAINST SITASYS, NEITHER SITASYS NOR CUSTOMER, NOR ANY OF LICENSORS, WILL BE LIABLE TO THE OTHER UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, OR GOODWILL, PROFESSIONAL ACTIVITY, BUSINESS INTERUPTION OR DISRUPTION, THE LOSS OF CUSTOMER CONTENT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES.

EXCEPT FOR (I) PAYMENT OBLIGATIONS ARISING UNDER SECTION “THIRD-PARTY CLAIMS” OR (II) BREACH OF SECTION “SERVICES LICENSE” OR SECTION “TRADEMARKS”, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EACH PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY BUT WILL NOT LIMIT CUSTOMER'S PAYMENT OBLIGATIONS UNDER THE SECTION “FEES AND PAYMENT”.

This Agreement commences on the Effective Date and will remain in effect until terminated pursuant to the terms of this Agreement.

Legal: The evalink Agreement, Privacy and Security Policy

Virtual Alarm Dispatcher

The Alarm Dispatcher maintains and monitors connection to external 3rd Partly Alarm Management Systems. It forwards alarms based on rules. The Alarm Dispatcher handles the dispatching for a particular site and contains a set of rules that determine if and how alarms are being dispatched. The user can choose to create Alarm Dispatchers and rules to dispatch alarms to one or more 3rd Party Alarm Management Systems sequentially or parallel. 

In the case of parallel dispatching, alarms are dispatched to all specified 3rd Party Alarm Management Systems at the same time.

In the case of sequential dispatching, alarms are dispatched to the subsequent 3rd Party Alarm Management Systems in sequence only if one or more 3rd Party Alarm Management Systems are unavailable.

In both cases, the alarm is considered successfully dispatched if at least one 3rd Party Alarm Management System responds with a positive acknowledgment of the alarm. A technical positive acknowledgment does not necessarily mean that a human operator has acknowledged the alarm.

Generic Receiver

Connecting and monitoring of a 3rd party Receiver in client or server mode.

Connect 3rd party Receivers in server mode

Connect 3rd party Receivers in client mode

Receive alarms from connected 3rd party Receivers using the following protocols:

Datagram Mapping and Conditional Datagram Mapping

Twilio VoIP Calls

Forwarding missed calls to a fallback phone number

Registering multiple phone numbers with separate text-to-speech or pre-recorded greeting message

Virtual Paradox Receiver

The Virtual Paradox Receiver manages and monitors incoming connections from Paradox Panels. It retrieves alarm and technical messages coming from Paradox Panels.

Manage and monitor connections from Paradox Panels according to EN 50-136-1/3

Receiving alarm- and technical message from Paradox Panels according to EN 50-136-1/3

Flexible Secure Communications Protocol (Paradox); an IP-based communication protocol for Paradox Panels

Intrusion detection controller that retrieves signals from different intrusion sensors to create alarm and technical messages.

European standard, specifying general requirements for alarm transmission systems

European standard, specifying requirements for Receiving Centre Transceiver (RCT).

Virtual Fibro Receiver

The Virtual Fibro Receiver manages and monitors incoming connections from DSC Fibro Panels. It retrieves alarm- and technical messages coming from DSC Fibro Panels.

Manage and monitor connections from DSC Fibro Panels according to EN 50-136-1/3

Receiving alarm- and technical message from DSC Fibro Panels according to EN 50-136-1/3

Flexible Secure Communications Protocol (DSC Fibro); an IP-based communication protocol for DSC Fibro Panels

Twilio Automated Calls

Making automated text-to-speech calls in multiple languages

Interacting with the callee using keypad (DTMF tones)

Twilio SMS Notifications

Allows sending SMS using the Twilio programmable SMS service. 

Acceptable Use Policy

You may not use the EVALINK Site and Services to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject us to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this Policy:

Distributing malware or other malicious code.

Disclosing sensitive personal information about others.

Collecting, or attempting to collect, personal information about third parties without their knowledge or consent.

Distributing pornography or adult related content.

Promoting or facilitating prostitution or any escort services.

Hosting, distributing or linking to child pornography or content that is harmful to minors.

Promoting or facilitating gambling, violence, terrorist activities or selling weapons or ammunition.

Engaging in the unlawful distribution of controlled substances, drug contraband or prescription medications.

Managing payment aggregators or facilitators such as processing payments on behalf of other businesses or charities.

Facilitating pyramid schemes or other models intended to seek payments from public actors.

Threatening harm to persons or property or otherwise harassing behavior.

Purchasing any of the offered Services on someone else’s behalf.

Misrepresenting or fraudulently representing products or services.

Infringing the intellectual property or other proprietary rights of others.

Facilitating, aiding, or encouraging any of the above activities through the EVALINK Site and Services.

Any Customers or EVALINK Site visitors in violation of the EVALINK Site and Services security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following:

Use or distribution of tools designed for compromising security of the EVALINK Site and Services.

Intentionally or negligently transmitting files containing a computer virus or corrupted data.

Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures.

Unauthorized scanning or monitoring of data on any network or system without proper authorization of the owner of the system or network.

You may not consume excessive amounts of the resources of the EVALINK Site and Services or use the EVALINK Site and Services in any way which results in performance issues or which interrupts the Services for other End User. Prohibited activities that contribute to excessive use, include without limitation:

Deliberate attempts to overload the EVALINK Site and Services and broadcast attacks (i.e. denial of service attacks).

Engaging in any other activities that degrade the usability and performance of the EVALINK Site and Services.

Hosting or running malicious code or other scripts or processes that adversely impact the EVALINK Site and Services.

Operating a file sharing site or scripts for BitTorrent or similar, which includes sending or receiving files containing these mechanisms.

Web proxy scripts, such as those that allow anyone to browse to a third party website anonymously, are prohibited.

You may not use the EVALINK Site and Services to send spam or bulk unsolicited messages. We maintain a zero tolerance policy for use of the EVALINK Site and Services in any manner associated with the transmission, distribution or delivery of unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 ("SPAM").

Your products or services advertised via SPAM (i.e. Spamvertised) may not be used in conjunction with the EVALINK Site and Services. This provision includes, but is not limited to, SPAM sent via fax, phone, postal mail, email, instant messaging, or newsgroups.

Sending emails through the EVALINK Site and Services to purchased email lists ("safe lists") will be treated as SPAM. We may terminate any EVALINK Account who sends out SPAM with or without notice.

We value the freedom of expression and encourage End User to be respectful with the content they post. We are not a publisher of End User content and are not in a position to investigate the veracity of individual defamation claims or to determine whether certain material, which we may find objectionable, should be censored. However, we reserve the right to moderate, disable or remove any content to prevent harm to others or to us or the EVALINK Site and Services, as determined in our sole discretion.

Copyrighted material must not be published via the EVALINK Site and Services without the explicit permission of the copyright owner or a person explicitly authorized to give such permission by the copyright owner. Upon receipt of a claim for copyright infringement, or a notice of such violation, we will immediately run full investigation. However, we generally require a court order from a court of competent jurisdiction, as determined by us in our sole discretion, to take down alleged infringing material from the EVALINK Site and Services. We may terminate the EVALINK Account with repeated copyright infringements. Further procedures may be carried out if necessary. We will assume no liability to any EVALINK Account of the EVALINK Site and Services for the removal of any such material. If you believe your copyright is being infringed by a person or persons using the EVALINK Site and Services, please get in touch with us to report copyright infringement.

You take full responsibility for maintaining reasonable security precautions for your EVALINK Account. You are responsible for protecting and updating any login account provided to you for the EVALINK Site and Services. You must protect the confidentiality of your login details, and you should change your password periodically. You are responsible for ensuring all End User provided software installed by you on the EVALINK Site and Services is updated and patched following industry best practice. We make no warranty express or implied for the security and operability of 3rd party software or scripts installed or run by you on the EVALINK Site and Services.

We reserve our right to be the sole arbiter in determining the seriousness of each infringement and to immediately take corrective actions, including but not limited to:

Suspending or terminating your EVALINK Account with or without notice upon any violation of this Policy. Any violations may also result in the immediate suspension or termination of your EVALINK Account.

Disabling or removing any content which is prohibited by this Policy, including to prevent harm to others or to us or the EVALINK Site and Services, as determined by us in our sole discretion.

Reporting violations to law enforcement as determined by us in our sole discretion.

A failure to respond to an email from our abuse team within 2 days, or as otherwise specified in the communication to you, may result in the suspension or termination of your EVALINK Account.

Suspended and terminated EVALINK Account due to violations will not be re-activated. A backup of EVALINK Account’s data may be requested, however, we may not be able to provide you with one and, as such, you are strongly encouraged to take your own backups.

Nothing contained in this Policy shall be construed to limit our actions or remedies in any way with respect to any of the prohibited activities. We reserve the right to take any and all additional actions we may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the EVALINK Site and Services, and levying cancellation charges to cover our costs. In addition, we reserve at all times all rights and remedies available to us with respect to such activities at law or in equity.

If you have discovered and would like to report a violation of this Policy, please contact us immediately. We will investigate the situation and provide you with full assistance.

This Acceptable Use Policy makes an integral part of our EVALINK Agreement.

Virtual TNA Receiver

The Virtual TNA Receiver manages and monitors incoming connections from Sitasys TNA alarm transmitters. It retrieves alarm- and technical messages coming from Sitasys TNA alarm transmitters. It supports sending downstream commands Sitasys TNA alarm transmitters.

Manage and monitor connections from Sitasys TNA alarm transmitters

Receiving alarm- and technical message from Sitasys TNA alarm transmitters

Send downstream commands to Sitasys TNA alarm transmitters.

The connectivity between the Sitasys TNA transmitter and TNA-receiver is the responsibility of the Customer.

The Service is billed by the hour when its status is active. Each hour started is due. The bill for the previous month is finalized at the beginning of each new month. Shortly after, the bill is charged to your selected payment method.

"TNA" TNA is a range of transmitters developed by Sitasys that use a proprietary secure IP communication protocol.

This Service Description makes an integral part of our EVALINK Agreement.

Security Policy

All candidates need to undergo an extensive security clearance. Further, we carefully assess all candidates in a multistage interview process.

During onboarding, all new employees go through general information security training, where they are made aware of their responsibilities and applicable policies and procedures that they need to follow. Further, they undergo in-depth training appropriate to their role.

With periodical training, we keep our employees updated regarding information security, policies, and procedures. The security clearance is re-assessed at regular intervals.

We established principles and tools for continuous improvement within our organization. We regularly practice various scenarios to make sure employees have all the skills and knowledge they need.

During regular assessments done by external advisors, we challenge our operational excellence, to improve it constantly.

With our microservices architecture, we follow principles of least privilege and shared nothing. All services are designed to have to authenticate against our central IAM, authorizing the service to perform the only designated actions.

All newly written code must be peer-reviewed ideally with multiple but at minimum one peer. Continuously extended checklists help to provide a general baseline for peer code review. This baseline ensures that the review includes checking for security and resiliency as well as complying with coding standards. Peer code review also ensures continuous sharing of knowledge between employees.

Before deploying our services to production, we run security and resiliency tests with both automated and manual testing. We test in realistic environments and with realistic load and data.

When code is pushed, it automatically triggers several pipelines to start testing on our staging system.

After peer review and testing, features are thoroughly checked by team leads and the CTO before they are considered for deployment.

After successfully passing testing and all review processes new code is ready for deployment. Even though fully automated, deployments to production can only be triggered by a small set of people with the necessary security clearance and expertise. We only do rolling deployments that we test for zero-downtime rollout.

This Security Policy makes an integral part of our EVALINK Agreement.

Legal

Service Description

Features & Capabilities

Definitions

Paradox

DSC Panel

EN50136-1

EN50136-3