End User License Agreement

Last updated: August 14, 2025

By clicking “I ACCEPT” and/or accessing, installing, or using the Services, you expressly acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this End User License Agreement (“EULA”). If you are accepting this Agreement on behalf of an organization or user, you represent and warrant that you have the authority to bind such organization or user to these terms.

Embers grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Services solely for your personal use or authorized business purposes, as permitted by this Agreement. The Services, and any portion thereof, may only be available in certain jurisdictions and are void where prohibited by law. Your eligibility for any particular Service or feature is subject to Embers’ final approval and acceptance.

To fully access and use the Services, you must register for an account (“Account”). By creating an Account, you represent and warrant that you are at least eighteen (18) years old or otherwise have the legal capacity to enter into this Agreement. You agree to provide accurate, current, and complete information during the registration process and to promptly update such information as necessary to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for restricting access to your device. You accept full responsibility for all activities that occur under your Account, including under your username and password. You must not share your Account credentials with anyone. You agree to notify us immediately of any unauthorized access to or use of your Account or any other breach of security.

Once you have set up an account and log in to the EPS Portal, you may select which alerts, if any, you wish to receive and by which method (email, SMS, or both). To opt out of notifications, you may deactivate alerts on your Account or notify Embers at info@embersprotection.com. You may only use your Account and the Services for lawful purposes, and you may not use them to commit or further fraudulent acts or for any activity that could give rise to civil or criminal liability. Embers shall not be liable for any loss or damage arising from unauthorized access or use of your Account or the Services, except to the extent that such loss results from Embers’ gross negligence or willful misconduct.

You may not:

• copy, modify, distribute, sell, lease, or sublicense the Services;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the Services, except as expressly permitted by law;
• use the Services for any purpose that is unlawful, or in violation of any local, state, or federal laws or regulations;
• use the Services in connection with life safety, emergency, or hazardous environments where failure of the Services could lead to death or personal injury unless properly integrated with certified safety systems as required by law; and
• block, impair, damage, or otherwise disable the Services, nor attempt to gain unauthorized access to the Services, other user Accounts, computer systems, or networks related to the Services by any means, including password mining, keystroke logging, or hacking.

Embers reserves the right to investigate and prosecute any violations to the fullest extent of the law and may involve and cooperate with law enforcement authorities in prosecuting users who violate these terms.

The Services are intended to monitor connected fire detection devices and provide automated or manual alerts, notifications, and related information to you or authorized third parties. The Services are informational only and do not guarantee prevention of fire, emergency response, or property protection. It is your responsibility to ensure compliance with all local fire codes, regulations, and installation requirements. Embers does not guarantee continuous, uninterrupted, or secure access to the Services. The operation of the Services may be disrupted or interfered with by factors beyond Embers’s control, including, but not limited to, technical failures, natural disasters, governmental actions, or third-party interference.

Your subscription to the Services will begin on the date of your initial payment and continue for the period specified at the time of purchase (the “Subscription Term”). At the end of each Subscription Term, your subscription will automatically renew for an additional period of the same length, unless you cancel before the renewal date. Before each automatic renewal, we will provide you with a clear and conspicuous notice of the renewal terms and the amount to be charged, in accordance with California law. You may cancel the subscription at any time before the renewal date to avoid being charged for the subsequent term.

You agree to pay all fees and charges associated with your subscription to the Services as specified at the time of purchase. Fees are non-refundable except where otherwise required by applicable law or as explicitly stated by Embers. Embers reserves the right to change subscription fees for subsequent renewal periods. Any changes in fees will be communicated to you at least 30 days prior to the commencement of a new Subscription Term, and your continued use of the Services after such notice will constitute your acceptance of the new fees. All payments must be made using a valid payment method. You authorize Embers to charge such payment method for all fees associated with your subscription, including for any applicable taxes.

You may cancel your subscription at any time by accessing your Account settings or by contacting customer support. Cancellation will be effective at the end of the then-current Subscription Term, and you will not receive any refund for fees already paid or for any unused portion of the subscription term, except as required by law. If you cancel, your subscription will remain active until the end of the current billing period unless otherwise specified.

If payment is not received by the due date, you remain liable for all unpaid amounts. Embers may suspend or terminate your access to the Services until full payment, including any late fees or interest permitted by law, has been received. Embers reserves the right to charge a late fee or interest on overdue amounts as permitted by applicable law.

The Services may collect and process information related to your monitoring devices, usage, alerts, recording data, and other Monitoring Data as defined in our Privacy Policy available at [INSERT LINK]. By using the Services, you expressly consent to the collection, processing, and storage of such data in accordance with our Privacy Policy, including the uses, disclosures, and your rights regarding your data.

You are responsible for:

• installing, configuring, testing, and maintaining all fire detection and monitoring equipment according to manufacturer’s instructions, applicable codes, and industry standards, except where installation services have been purchased separately from Embers or its authorized representatives, in which case those services and related responsibilities will be governed by a separate agreement;
• ensuring your contact and emergency notification information is accurate and up to date; and
• complying with any legal requirements regarding notice and consent when monitoring or recording in or around your premises.

Alerts generated by the Services may be delayed or undelivered for reasons outside Embers’s control, such as device malfunction, internet connectivity, or power failure. The Services are not a substitute for contacting emergency services. You are solely responsible for responding to any alerts.

Embers may provide updates, bug fixes, or improvements to the Services at its discretion. Your continued use of the Services constitutes acceptance of such updates. Embers may provide support as described on its website or in your support contract.

Embers shall implement reasonable administrative, technical, and physical safeguards designed to protect the integrity, confidentiality, and availability of the Services, software, and any user data processed as part of the Services. However, no security system is impenetrable or immune to breaches, and Embers does not guarantee that the Services or software will be uninterrupted, error-free, or completely secure from unauthorized access or attack.

This Agreement is effective until terminated. Embers reserves the right, in its sole discretion, to terminate or suspend your password, Account, or use of the Services at any time and for any or no reason, with or without prior notice. Embers will make reasonable efforts to notify you of any such termination or suspension but is not obligated to do so. Embers will not be liable to you or any third party for any termination of your access to the Services. Upon termination, all rights granted herein shall immediately terminate and you must:

• cease all use of the Services and any information obtained from the Services, and
• destroy all copies of your account information, password, and any information or materials obtained from the Services.

You agree to indemnify, defend, and hold harmless Embers and its affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, violation of this Agreement, or infringement of any rights of a third party.

You may not assign or transfer any rights granted to you nor delegate any of your obligations under this Agreement without the prior written consent of Embers, which may be withheld in its sole discretion. Any attempt to assign or delegate without such consent shall be deemed null and void.

Embers may update this Agreement from time to time. Material changes will be communicated to you, and continued use of the Services following the notice constitutes your acceptance of the updated EULA. Embers may assign its rights and delegate its duties under this Agreement, in whole or in part, without restriction or notice to you.

This Agreement, including the incorporated Terms of Use and Privacy Policy, constitutes the entire understanding and agreement between you and Embers regarding its subject matter and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

This Agreement shall be governed by and construed according to the laws of the State of California, without regard to conflict of law principles. Any disputes arising hereunder shall be resolved through binding arbitration or the courts of Los Angeles County, at Embers’ discretion.