1. Definitions

• Device: A cellular-connected visitation counter.
• Service: A visitation monitoring solution that counts, stores, reports, and alerts visitation data, as well as monitors the health of the devices.
• Data: Time-stamped visitation counts.
• Connectivity: Cellular data communications.
• Subscription Fees: Fees comprising two parts: hardware and software maintenance, and data and communication services.
• User: An authorized user of the park subscribed to the Service.

2. Agreement Scope

• This agreement covers the provision of the Device and the Service. Installation is not included.
• Subscriptions are valid for a term of 12 months, commencing from the date of activation.
• Devices require cellular coverage (AT&T, T-Mobile, or Verizon). Service disruptions due to lack of coverage or theft/vandalism are excluded from liability.
• The User is responsible for site selection, installation, and device security.
• The Service is available exclusively in the United States of America.

3. Pricing and Payment Terms

• Subscription Fee Structure: Upfront costs for hardware (includes 1st year of maintenance) and data services charged annually in advance.
• Billing Frequency: Annual upfront payments.
• Payment Methods: Accepted methods include checks, credit/debit cards, and bank transfers.
• Late Payment: Services may be suspended if an account falls six months in arrears.
• Refund Policy: Refunds for unused fees are provided upon service termination.

4. Device Ownership

• Ownership Transfer: Devices may only be transferred to other Parks and Recreation Users. The new owner must purchase an annual service plan for functionality.
• Ownership During Termination: Users retain ownership and can reactivate service or transfer the Device.
• Repairs and Replacements: Covered for defects; costs for theft/vandalism are borne by the User.

5. Data Usage and Ownership

• User owns data collected by their Device, which is stored in the IoT Portal.
• See Insights retains data for two years, during which the User may download or delete it.
• Data privacy complies with GDPR via Ubidots (seeinsights.com/privacy-policy).
• User data will not be shared without express permission.

6. Connectivity and Service Availability

• Proper site selection is critical for connectivity; contact See Insights for guidance.
• Service is provided “as is” with no guarantees due to reliance on third-party networks.
• No compensation is offered for downtime; extended outages may allow service suspension.

7. Device Warranty

• Warranty covers hardware and software for one year and renews annually with service fees.
• Coverage includes defects, updates, and cellular technology upgrades.
• Excludes damage from misuse, vandalism, or natural disasters.
• Claims are processed via support@seeinsights.com.

8. Maintenance and Support

• Maintenance includes self-install parts or in-office repairs and remote software updates.
• Support is virtual, with options for phone/web assistance.
• Users bear shipping costs for repairs, except for warranty-covered cases.

9. Subscription Termination

• Users may terminate subscriptions anytime, effective the next calendar month.
• See Insights can terminate services with a 90-day notice.
• Users retain ownership of the Device and have 30-90 days to download data post-termination.

10. Limitation of Liability

• Liability is limited to direct damages and capped at 2x the current annual subscription fee.
• Excludes liability for theft, vandalism, and third-party connectivity issues.

11. Compliance with Laws

• Users must ensure site selection complies with local laws and may require signage.
• See Insights complies with applicable U.S., state, and local laws.
• See Insights is not liable for User non-compliance with laws or regulations.

12. Intellectual Property Rights

• Hardware/software is open source, available on GitHub (“chipmc” and “See Insights”).
• Trademarks cannot be used without explicit permission.
• Violations may result in service termination or legal action.

13. Customer Responsibilities

• Users must select sites per documentation, ensuring proper sunlight, orientation, and connectivity.
• Maintenance includes periodic cleaning of the solar panel and replacing consumable items.
• Users must comply with installation and usage laws.

14. Updates and Modifications

• Software updates are automatic; Users may need to perform physical resets or accept replacements for complex updates.
• Major updates with potential disruptions will be communicated in advance.
• Terms updates will be communicated, with an opt-out option for Users.

15. Dispute Resolution

• Disputes are resolved first through negotiation, then binding arbitration in North Carolina.
• Governing law is North Carolina state law.
• Certain IP disputes may bypass arbitration for direct court resolution.

16. Entire Agreement

• This document represents the full agreement between the User and See Insights.
• Supersedes prior agreements and includes severability and waiver provisions.