Smithville Security, LLC Service Agreement 

This Service Agreement (this “Agreement”) is entered into as of the date of order submission (the “Effective Date”) by and between Smithville Security, LLC (“Smithville”) and the customer set forth on the accompanying order for service (“Customer”). Smithville and Customer agree that this Agreement, including the attached Terms and Conditions, which are hereby incorporated by reference, sets forth the entire agreement with respect to Customer’s purchase and Smithville’s provision of the Services (as defined and indicated below). By executing this Agreement or by accepting the Services, Customer accepts the terms and conditions of this Agreement.   

  1. SERVICES. Customer hereby purchases, and Smithville shall provide, the Services set forth in the order summary (the “Services”) in exchange for the Monthly Service Fee set forth in the order summary. Customer shall pay the Monthly Service Fee within thirty (30) days of receipt of the invoice. The System set forth in the order summary shall be provided to Customer in connection with the Services. Customer acknowledges that Customer may purchase from Smithville additional services. Any such additional purchase will be reflected in an executed addendum to this Agreement.   
  1. TERM. The Initial Term for which Smithville will provide the Services and for which the Customer is obligated to accept and/or pay for the Services commences on the date of installation of the System and continues for the Initial Term set forth in the order summary. At the end of the Initial Term, this Agreement shall automatically renew for successive twelve (12) month periods unless Customer provides written notice of Customer’s intent not to renew at least sixty (60) days before the end of the then-current term. Should Customer breach the terms of this Agreement through nonpayment, early termination, or any other breach, Customer shall pay Smithville a termination fee equal to the Monthly Service Fee multiplied by the number of months remaining in the then-current term (the “Termination Fee”).   
  1. BINDING NATURE. THE TERMS AND PROVISIONS OF THIS AGREEMENT (INCLUDING THE ATTACHED TERMS AND CONDITIONS) ARE AN INTEGRAL PART OF THIS AGREEMENT AND ARE BINDING ON SMITHVILLE AND CUSTOMER.   

  

The foregoing Terms and Conditions are expressly made part of the Smithville Security, LLC Service Agreement by and between Customer and Smithville as of the Effective Date.  

  1. SYSTEM; EXCLUSIVITY. The System is comprised of equipment necessary for Smithville to perform the Services. At the expiration or termination of this Agreement, Customer is not obligated to return the System to Smithville. Customer agrees not to tamper with, remove or otherwise interfere with the security system. Smithville may, without prior notice, suspend or terminate the Services in the event of Customer’s default in performance of this Agreement. Batteries, electrical surges, lightning damage, obsolete components, and components exceeding the manufacturer’s useful life are not included in the Services and will be repaired or replaced at Customer’s expense. During the Term of this Agreement, Smithville shall be the exclusive provider of the Services.   
  1. MONITORING- System. Customer acknowledges and agrees that following the installation of the System, Smithville’s only obligation under this Agreement is to monitor signals from the System and respond to the signals when received in accordance with this Agreement. Smithville shall monitor the System twenty-four (24) hours per day , seven (7) days per week. If a signal is received from the System (an “Event”), Smithville shall make every reasonable effort to communicate by telephone with (i) Customer, and/or (ii) the primary contact expressly designated by Customer in accordance with the Call List and Authorized User Form executed by Customer (the “Call List”). In the event Smithville is unable to contact the primary contact, Smithville shall attempt to contact the secondary contact whose contact information was provided (each a “Respondee”) and (iii) the local police and/or fire department, unless there is reason to assume that an emergency condition does not exist. Respondees in the Call List may be updated only in writing signed by Customer, provided, however, Smithville reserves the right to update its processes and procedures set forth in the Call List with reasonable prior notice to Customer. Customer acknowledges and agrees that life safety equipment is intended to detect threats, however Smithville cannot guarantee, in all cases, that threats, loss, or damage will not occur. Monitoring tests may normally be made without charge on weekdays between 8 am and 5 pm Eastern Time with prior coordination with the System operators. The Customer agrees that no apparatus or device shall be attached or connected to the System and further agrees not to permit the System and equipment to be disturbed, removed, or otherwise damaged. Customer acknowledges and agrees that text messages may be sent to Customer as part of the monitoring services and that standard text messaging rates and charges will apply.   
  1. TOTAL CONNECT; REMOTE SERVICES; THIRD PARTY INFORMATION. Smithville hereby grants to Customer a non-exclusive, non-sublicensable, non-transferable limited license and right to use Smithville’s remote monitoring application (“Total Connect”) in order to monitor and/or control events, security, access control, automated devices, and/or video equipment from within the Premises as well as from remote locations through Total Connect.  Customer understands that the access to Total Connect services is not itself a monitoring service and any and all monitoring is the responsibility of the Customer. Customer understands that Total Connect is a cloud-hosted solution that might store or transmit information via the internet to Smithville’s dealer dashboard involving Events in connection with Systems and Ancillary Equipment (as defined below) installed at the Customer’s Premises. Customer understands and agrees that Smithville, at its discretion, holds the right to remotely program, push system software/firmware updates, and/or offer tech support via remote service with or without the Customer’s consent for Total Connect. Customer acknowledges and agrees that Total Connect Information Services provides information from a third party, including local weather services, and that Smithville holds no affiliation with any third party that provides such information, and cannot guarantee the accuracy of such information. Smithville shall not be responsible for any costs for parts, data charges, and/or labor associated with adapting the Customer’s System for use with Total Connect Information Services. TOTAL CONNECT IS PROVIDED “AS IS” AND SMITHVILLE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. SMITHVILLE MAKES NO WARRANTY (i) THAT CUSTOMER’S USE OF TOTAL CONNECT WILL MEET CUSTOMER’S REQUIREMENTS, BE ACCURATE, OR BE INTERRUPTION OR ERROR FREE, (ii) THAT TOTAL CONNECT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (iii) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (iv) THAT TOTAL CONNECT WILL BE COMPATIBLE WITH CUSTOMER’S EQUIPMENT OR DEVICES.   
  1. SYSTEM AND ANCILLARY EQUIPMENT AUTHORIZATIONS AND CHARGES. Customer hereby authorizes Smithville to install or have installed the System and all ancillary equipment that is necessary or desirable in connection with the Services purchased by Customer at the Premises, which may include access control, video surveillance/cameras, automation equipment, cellular and/or Wi-Fi communicators or other equipment necessary for the provision of Services or proper functioning of Total Connect (“Ancillary Equipment”). Customer acknowledges and agrees that Customer’s Monthly Service Fee will increase if Customer purchases additional services (which include Ancillary Equipment). All Systems and Ancillary Equipment are manufactured by a third-party manufacturer, and Smithville is not liable for the operation or function of any third-party devices and/or services, including Total Connect. Customer shall be responsible for any costs for parts, data charges, and/or labor associated with adapting the System for use at the Premises or with any Ancillary Equipment and/or service integration. Notwithstanding the foregoing, Smart Thermostat equipment will not be installed by Smithville, and Customer is responsible for installing such equipment.   
  1. ANCILLARY CHARGES- TWO-WAY VOICE SERVICES. Customer acknowledges and agrees that Customer has elected to receive Two-Way Voice Services. Customer understands that Two-Way Voice services allow Smithville and/or its monitoring affiliate to speak and hear through the system during an Event. Customer acknowledges that an active alarm must be present in order for Smithville and/or its monitoring affiliate to hear and/or speak through the system. Customer agrees to allow Smithville and/or its monitoring affiliate to speak and hear through their system during an Event. The Customer agrees to pay for the appropriate services or other equipment deemed necessary by Smithville for this selected feature. Customer shall be responsible for any costs for parts, data charges, and/or labor associated with adapting the Customer’s System for use with Two-Way Voice Services.  
  1. ANCILLARY CHARGES- SMASH AND GRAB DETECTION (APL).  Customer acknowledges and agrees that Customer has elected to activate Smash and Grab Detection (Also Known As, Advanced Protection Logic) on Customer’s System. Customer understands that this service allows Customer’s System to send a signal to Smithville and/or its monitoring affiliate when a zone is opened and the System is armed and to follow up with a disarm and/or alarm signal. Customer understands that this service is intended to detect a person attempting to bypass or circumvent the System during the System’s delay period. Customer acknowledges that should a circumvention signal be detected, Smithville will respond to the signal as outlined in Section 1 of these terms and conditions. Smithville cannot, in all cases, guarantee that the System cannot be circumvented and makes no guarantees that all circumvention will be detected. The Customer agrees to pay for the appropriate services or other equipment deemed necessary by Smithville. Customer shall be responsible for any costs for parts, data charges, and/or labor associated with adapting the Customer’s System for use with Smash and Grab Detection (APL) Services.  
  1. DATA CHARGES. Customer acknowledges and agrees that Customer is solely responsible for all data and Wi-Fi charges incurred by Customer in connection with Customer’s use of the System, Total Connect and the Services, and accordingly, Smithville is not liable for any data charges that may be incurred through the use of the System, Total Connect or other remote access from Customer’s cellular or other device.   
  1. LIMITED SYSTEM WARRANTY. Smithville agrees to repair or replace, at its discretion, any part of the System which, within ninety (90) days following installation, is materially defective due to faulty design, materials or workmanship, at no cost to Customer (including labor and taxes). For purposes of clarity, such warranty does not include any damage to the system caused by Customer or that arises from Customer’s modification to any System (or piece of equipment or part of the System) following installation. After ninety (90) days, Customer shall be solely responsible for any and all costs involved in any repair or replacement of any part of the System, including without limitation the cost of equipment, labor (including service call charges) and taxes. The foregoing remedy shall be Customer’s sole and exclusive remedy for any defective System (or piece of equipment or part of the System), and Smithville shall not be responsible for any damage, liability or expense incurred by Customer that may arise or relate to any such defective System or part.   
  1. NO WARRANTY OR REPRESENTATION. EXCEPT FOR THE LIMITED SYSTEM WARRANTY HEREIN, SMITHVILLE DOES NOT REPRESENT OR WARRANT THAT THE SERVICES AND/OR SYSTEM WILL NOT BE COMPROMISED OR CIRCUMVENTED OR THAT THE SERVICES, SYSTEM, OR TOTAL CONNECT WILL PREVENT, MITIGATE OR REMEDY ANY PERSONAL INJURY, LOSS OF LIFE, OR PROPERTY LOSS OR DAMAGE, OR THAT THE SERVICES OR SYSTEM WILL, IN ALL CASES, PROVIDE THE NOTIFICATION WHICH IS INTENDED. CUSTOMER AGREES THAT CUSTOMER HAS NOT RELIED UPON ANY SUCH REPRESENTATION OR WARRANTY. CUSTOMER ACKNOWLEDGES THAT ANY AFFIRMATION OF FACT OR PROMISE MADE BY SMITHVILLE OR ITS AGENTS, SERVANTS, OR EMPLOYEES, SHALL NOT BE DEEMED TO CREATE A WARRANTY UNLESS INCLUDED IN THIS AGREEMENT IN WRITING. SMITHVILLE MAKES NO WARRANTY, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY.  
  1. VIOLATIONS BY CUSTOMER. In the event Customer (a) fails to make any monthly payment, (b) abandons, vacates, sells or sublets the Premises, or (c) otherwise violates this Agreement, and such failure to pay or other violation continues for more than five (5) days following written notice from Smithville, then Smithville may terminate this Agreement and shall be released from all obligations under this Agreement, including the obligation to monitor the System and provide the Services. Should such violation of this agreement occur , Smithville holds the right to charge the Termination Fee.   
  1. RELEASE FROM LIABILITY. Customer hereby releases, discharges, and agrees to defend and hold Smithville, its Affiliates (defined below) and its and their respective officers, members, managers, owners, affiliates, agents, contractors, and employees harmless from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees and court costs), incurred or alleged to have been incurred by or caused to any person, entity or thing as a result of, directly or indirectly, any of the Services, the System, or Total Connect.  
  1. INDEMNIFICATION FROM THIRD PARTY ACTION. In the event any person not a party to this Agreement, including but not limited to Customer’s insurance company, shall make any claim or demand or file any lawsuit against Smithville and/or any entity affiliated with Smithville (an “Affiliate”) or their respective officers, members, managers, owners, agents, contractors or employees (“Indemnitees”) for any reason whatsoever related to this Agreement, including but not limited to the installation, maintenance, operation or non-operation of the System, performance of the Services, or the access, use or operation of Total Connect, Customer agrees to indemnify, defend and hold the Indemnitees harmless from and against any and all claims, liabilities, damages, losses and expenses (including reasonable attorneys’ fees and court costs), whether these claims are based on alleged intentional conduct, active or passive negligence, strict or product liability or any other conduct on the part of Smithville, its officers, members, managers, owners, Affiliates, agents, or employees.  
  1. LIMITATION OF LIABILITY. Although Smithville is being paid to monitor the System , which is designed to reduce certain risks of loss or damage, Smithville cannot guarantee that loss or damage will not occur. It is understood that neither Smithville nor any of its Affiliates is an insurer of person, life, limb, or property and that insurance covering personal injury, life, and property loss should be obtained by Customer, if so desired. Neither Smithville nor any of its Affiliates shall be responsible for losses or damages suffered by Customer caused by (a) defects or deficiencies in the System, Total Connect or Services, (b) delay in response time or failure to respond by any person or authority notified by Smithville in accordance with this Agreement, or (c) any other reason. Neither Smithville nor any of its Affiliates shall be responsible for any fees, charges or assessments imposed by any government authority or other persons in connection with false alarms from any equipment located on the Premises. Smithville and Customer acknowledge that it is impractical and extremely difficult to repair any actual damages that may proximately result from Smithville’s failure to perform any of its obligations hereunder. If either Smithville or any of its Affiliates shall be found liable for loss or damage due to a failure of the System, Total Connect or the Services in any respect, its liability shall be limited to a sum equal to one-half of the annual monitoring service charge paid by Customer or $250, whichever is greater, as liquidated damages and not as a penalty. Such sum shall be the exclusive remedy of Customer if loss or damage, irrespective of cause, results directly or indirectly to person or property from performance or nonperformance or obligations imposed by this Agreement or from negligence or gross negligence of Smithville, any Affiliate or their respective officers, members, managers, owners, agents and employees. Neither Smithville nor any of its Affiliates shall be responsible or liable for defacement or damage to the Premises occasioned by drilling of holes or in the attachment and removal of wiring and equipment with standard screws, staples, hooks, fasteners, and adhesives when installing the System, so long as such installation is performed in a workmanlike manner.  
  1. ADDITIONAL COMMUNICATION EQUIPMENT DISCLAIMER. Customer acknowledges that all telephone communications (i.e. VOIP) may not be compatible with the System and/or Total Connect Services, and if other types of communications are utilized in the future, it is the Customer’s responsibility to notify Smithville of such changes. Failure to do so may result in a service failure. If Customer fails to notify Smithville the Customer assumes all responsibility and risk.  
  1. COMMUNICATION PATHS; LIMITATION OF TECHNOLOGY. A “Communication Path” is the means the system used to communicate signals to Smithville and/or its Affiliates. Upon installation of the System, Smithville will identify primary and secondary Communication Paths for the System in order to provide the Services. Customer acknowledges that these Communication Paths are the means that Smithville is providing the Services and that altering, discontinuing or having a service interruption for the primary or secondary communication paths could cause interruptions in Services provided by Smithville. Should these communication paths be altered or discontinued by the Customer or otherwise interrupted for any reason, the Customer accepts all liability and acknowledges that Smithville’s obligation to provide services shall cease. By declining a secondary Communication Path, the Customer acknowledges that the primary Communication Path has no backup means of communication for sending and receiving signals. Smithville is not liable for the uptime of these Communication Paths and cannot guarantee that a cut of interruption will not occur.  Customer understands and agrees that the service rendered under this Agreement relies on working telephonic, wireless or broadband (internet), and/or cellular connection as the applicable Communication Path. Inherent in this System is a failure when the Customer’s telephone, wireless or broadband (internet), and/or cellular connection has an interruption in Service. In this event, the security System dependent on the Customer’s service will likewise be interrupted. The backup cellular service will only be effective when Customer has active cellular coverage at Customer’s location. This acknowledgment applies to every provision of this Agreement as if repeated in each applicable section hereof.  
  1. MEDICAL AND/OR RELATED EXPENSES. For any Event, Customer does hereby authorize Smithville to attempt to notify a Respondee and the police, fire department , or any other authority and to otherwise obtain assistance. Customer shall be responsible for, and agrees to pay, any costs and expenses incurred by Smithville or any other person or entity in obtaining assistance, including but not limited to ambulance, physician or other medical or emergency assistance, and any cost whatsoever, including legal fees, incurred as a result of Customer’s Service.  
  1. TESTING AND PROTECTION OF SYSTEM. It is solely the Customer’s responsibility to test the operation of the equipment used in the operation of this System in accordance with the System’s operation instructions.  
  1. DELAYS AND FAILURES. Smithville assumes no liability for delays in System installation, interruption of Services due to strikes, riots, floods, fires, acts of God, mechanical or electrical failures, equipment failures, fiber optic cuts, internet, cellular, or power outages, or any cause beyond the control of Smithville. Smithville may terminate this Agreement if it cannot maintain transmission privileges and shall not be liable for any damages or penalties as a result of such termination. Smithville may also cancel this Agreement upon notice to Customer if its central operations station is destroyed or damaged by catastrophe and it is impracticable to continue or restore Service.  
  1. AVAILABILITY OF SERVICE. Smithville is not liable to Customer for Service performance issues that are caused in whole or in part by Customer, by Customer’s equipment (e.g., internet service, computer, television, cellular service) or by equipment Customer installs or maintains or has a third party install or maintain. Smithville is not liable for the unavailability of, or adverse performance of, Services during periods of modifications, upgrades, relocation, or repairs to the equipment used by Smithville or a supplier.  
  1. FORCIBLE ENTRY. Customer acknowledges consent for any Respondee, fire, law enforcement, and emergency medical personnel contacted by Smithville to enter the Premises with force, if necessary. Customer does hereby release Smithville from any and all liability, damage, or expense whatsoever as a result of said forcible entry.  
  1. ASSIGNMENT. Customer shall not be permitted to assign this Agreement without prior written consent of Smithville, and any assignment without such consent shall be deemed null and void and a breach of this Agreement. Smithville shall have the right to assign this Agreement to any other company engaged in a business similar to that of Smithville and, upon such assignment, shall be relieved of any obligations created herein. At its sole discretion, Smithville may assign, subcontract, purchase or otherwise arrange for the monitoring services called for under this Agreement to be provided by a third party. Customer agrees and acknowledges that such third party provider or providers of monitoring services are not insurers and agrees that the provisions of this Agreement relating to limitations of liability and indemnification shall apply between Customer and such providers as fully as if the name or names of such providers appeared in the place of “Smithville” throughout this Agreement.   
  1. AGREEMENT – SEVERABILITY. This Agreement constitutes the full understanding by and between the parties hereto and may not be amended or modified except in writing and signed by both parties. If any provision or part of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect as if such invalid or unenforceable provision had never appeared herein.  
  1. CHOICE OF LAW – FORUM - This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the state of Indiana, without regards to conflict of laws principles, and the parties (a) agree that litigation initiated by any party concerning the interpretation or implementation of this Agreement shall be brought and litigated in a state court of competent jurisdiction located in Monroe County, Indiana or the United States District Court for the Southern District of Indiana; (b) consent to the personal jurisdiction of such courts; and (c) waive any defense of forum non convenience.  
  1. EXTENDED WARRANTY PLAN.  If Subscriber has selected the Extended Warranty Plan, Smithville shall replace and/or repair any equipment that is part of the System (except as otherwise set forth herein), at no cost to Subscriber, including the cost of new equipment and any labor to replace and/or repair such equipment. The Extended Warranty plan does not include: (a) repair of any equipment or facilities that are not part of the System (including Subscriber owned equipment or any other equipment provided by a third party); (b) misaligned, loose, detached or otherwise damaged sensor contacts more than 90 days after installation; (c) relocation of any equipment after initial installation; (d) damage, destruction or other harm that is a direct or indirect result of Subscriber’s or a third party’s actions, whether or not accidental or intentional (e.g. intentional damage or Subscriber relocation of equipment) or any damage as a result of an act of God or any other cause outside of human control; or(e) key fobs and batteries.  

Rev. 6/22/2026

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