Terms and Conditions

1Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Toccata Systems Inc. ("Company," "we," "us," or "our"), governing your access to and use of our website and our CabinPulse products and services.

By accessing our website, creating an account, purchasing our products, or using our monitoring services, you represent that:

• You are at least 18 years of age
• You have the legal capacity to enter into a binding contract
• You will comply with all terms and conditions set forth herein
• All information you provide is accurate and truthful

2Company Information

Legal Entity: Toccata Systems Inc.
Product: CabinPulse
Incorporated in: Saskatchewan, Canada
Headquarters: 350 103rd St E #104, Saskatoon, SK S7N 1Z1, Canada

Toccata Systems Inc. is a Canadian corporation, incorporated and registered in Saskatchewan. All product assembly, customer support and operations are conducted in Saskatoon, Saskatchewan, Canada.

3Services Description

We provide remote property monitoring services under the CabinPulse name through cellular-connected devices that track and report:

• Temperature
• Humidity levels
• Power status and outage detection
• Air quality (eCO₂, bVOC and an overall air quality index)
• Optional add-on sensors (a leak sensor and an environment sensor; up to 5 per device)

Our services include:

• Real-time data monitoring and storage
• Instant alert notifications via SMS and email
• Historical data access and analysis
• Device health monitoring
• Low Power Mode, which during an extended power outage reduces the device to a daily data update and alerts on temperature and power changes, pausing instant data updates and add-on sensors
• Cellular connectivity, included in the plan. No separate data plan is required, and the device does not connect over Wi-Fi.

4Account Terms

4.1Account Creation and Security

• You must provide accurate, complete, and current information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must immediately notify us of any unauthorized access or security breach
• We reserve the right to refuse service or terminate accounts at our discretion

4.2Account Sharing

You may share account access with trusted individuals (e.g., family members, property managers). However, you remain responsible for all actions taken under your account. We recommend using strong passwords and limiting access to trusted persons only.

4.3Account Termination

You may close your account at any time by contacting support@cabinpulse.com. Upon account closure:

• Your devices will cease reporting data
• You will no longer receive alerts
• Your data will be retained for 90 days, then deleted
• No refunds will be provided for unused subscription time (except as specified in Section 7)

We may terminate or suspend your account immediately, without notice, for:

• Violation of these Terms
• Fraudulent activity
• Non-payment
• Abuse of our services or staff
• Any conduct we deem harmful to our business or other users

4.4Respectful Conduct

Our support staff are entitled to a safe and respectful workplace. When contacting us by phone, chat, email, or any other channel, you must not use profanity directed at our staff or at the Company, use abusive, threatening, harassing, or discriminatory language, or shout at or otherwise demean our staff. We keep a record of all support interactions and may rely on it when applying this section.

If you do, we may:

• End the call, chat, or message thread
• Restrict your support access to written channels only
• Terminate your account and service, and decline future orders

We decide, in our sole discretion acting in good faith, whether conduct breaches this section and how serious a breach is. Termination under this section may take effect immediately, without notice. Despite Section 4.3, on termination under this section we will refund any prepaid, unused subscription fees on a pro-rata basis. Devices you purchased outright remain your property. Threats of violence will be reported to law enforcement.

5Service Area and Coverage

5.1Geographic Coverage

CabinPulse devices are designed to operate in areas with cellular coverage from our supported networks:

• Canada: Bell Mobility, Rogers Wireless, Telus, Videotron, SaskTel
• United States: AT&T, T-Mobile, Verizon, US Cellular, Viaero Wireless
• International: 160+ networks in 80+ countries (see cabinpulse.com/coverage for the current list)

Devices automatically connect to available cellular networks in your area. The all-new CabinPulse connects over LTE-M and NB-IoT; earlier CabinPulse devices connect over LTE. Coverage on any network depends on signal at the device's location, and networks listed on our coverage page may change as carriers update their networks.

5.2Coverage Limitations

Service requires adequate cellular signal from supported carriers. You acknowledge that cellular signal strength may fluctuate due to factors beyond our control.

6Payment Terms

6.1Pricing

• Prices are in Canadian dollars (CAD) for orders shipping to Canada and in US dollars (USD) for orders shipping to the United States.
• Device: $249 CAD or $199 USD, once. The device is yours.
• Plan: one plan, on one of three terms:

  Monthly

  $17 CAD ($13 USD) per month, billed each month

  1 year

  $14 CAD ($11 USD) per month, billed once at $168 CAD ($132 USD)

  3 years

  $10 CAD ($8 USD) per month, billed once at $360 CAD ($288 USD)

• Devices other than the all-new CabinPulse, including devices activated through a retailer, are offered on the 1-year and 3-year terms only.
• Everything the service does is included on every term. There is no upgrade tier, no activation fee and no separate data plan.
• Add-on sensors and accessories are priced separately and are one-time purchases.

6.2Subscription Renewals

IMPORTANT: Plans renew automatically. Unless you turn off auto-renew, your plan renews at the end of each term and we charge the payment method on file for the next term at the then-current price (see section 6.4):

• Monthly plans renew every month.
• 1-year plans renew every year, and 3-year plans every three years, each paid in full at the start of the term.

• Reminders: for 1-year and 3-year plans, we email you 30 days and 7 days before the renewal date, stating the date and the amount.
• Receipts: we email a receipt after every charge, including monthly charges.
• Turning off auto-renew: you can turn off auto-renew at any time in your dashboard under Billing, or by contacting support, up to the renewal date. Your plan then continues to the end of the term you've paid for and ends without a further charge.
• Failed payments: if a renewal charge fails, we'll email you and retry it. If it still can't be collected, service may be suspended until payment is made.

Earlier CabinPulse devices (devices other than the all-new CabinPulse, including devices activated through a retailer) are on one-time prepaid 1-year or 3-year terms that do not renew automatically. We email reminders 30 days and 7 days before the term ends and on the day it ends, and you renew by paying for a new term. We may in future require an upgrade to a current device to renew, and will give you notice before that applies.

6.3Pausing Service (Courtesy)

As a courtesy, we may allow you to pause your service for up to 6 months in each year of your plan, and add the paused time to the end of your plan.

• A pause must be requested through your dashboard or by contacting support. While paused, the device's cellular service is turned off, and the device will not report data or send alerts.
• Time when a device is powered off, unplugged, in shipping mode or otherwise not reporting, but has not been paused, is not added to your plan.
• This courtesy is not part of your plan and is not guaranteed. We may change, limit or withdraw it at any time, for any reason, for any customer.

6.4Price Changes and Exchange Rates

Our prices are set in Canadian dollars. Prices in US dollars are based on prevailing exchange rates, along with costs such as duties, tariffs and cross-border fees, and may change as those do.

• US-dollar plans: the price of a monthly plan, and the price to renew a 1-year or 3-year term, may be adjusted to reflect changes in exchange rates, duties, tariffs or related costs.
• All plans: we may change plan prices from time to time.
• Notice: we will email you at least 30 days before a new price applies. For monthly plans, it applies from the first billing period after that notice; for prepaid terms, at your next renewal. You can cancel before it applies.
• Prepaid terms already paid for are never repriced during the term.

7Refund and Return Policy

7.130-Day Money-Back Guarantee

We offer a 30-day money-back guarantee from the date of purchase, subject to the following conditions:

• Eligibility: Available to all first-time purchasers
• Full Refund Includes: Device fee + subscription fee
• Device Condition: Device must be returned in resaleable condition
• Return Shipping: Customer is responsible for return shipping costs unless waived at our discretion
• Non-Refundable: Shipping charges and import tariffs are non-refundable

7.2Undeliverable and Returned Shipments

If a shipment is returned to us as undeliverable — including because of an incorrect or incomplete address, a refused delivery, unpaid duties or fees, failure to collect from the carrier, or customs refusal — the following applies:

• Refund: Once the shipment is back with us, we will refund the device fee and subscription fee. Shipping charges, US import tariffs, customs and brokerage fees, and any other costs we incurred to send the order are non-refundable, because they have already been paid to third parties.
• Reshipment: Alternatively, we can reship the order once you pay the new shipping charges, any applicable tariffs, duties or brokerage fees, and a handling fee.

Carrier delays, customs holds and similar events are outside our control, and we are not responsible for them.

8Device Warranty

8.1Limited 12-Month Warranty

CabinPulse devices are covered by a limited 12-month warranty from the date of purchase, covering:

• Manufacturing defects
• Hardware malfunctions under normal use
• Defective components
• Firmware issues preventing normal operation

8.2Warranty Exclusions

The warranty does NOT cover:

• Damage from misuse, abuse, or improper installation
• Outdoor use or exposure to extreme conditions outside specified ranges
• Unauthorized modifications or repairs
• Water damage or liquid ingress
• Physical damage, drops, or impact

9Device Usage and Specifications

9.1Intended Use

CabinPulse devices are designed for indoor monitoring. Install and use them as described in the instructions and specifications supplied with the device, including its operating conditions and power requirements.

9.2SIM Card Restrictions

The SIM embedded in your CabinPulse device is the property of Toccata Systems Inc. You agree not to remove it or use it in any other device.

9.3Not a Life-Safety or Emergency Service

Read this before you rely on a CabinPulse for anything that matters.

• CabinPulse is an unmonitored environmental reporting tool. No person watches your readings. Nobody is dispatched. We do not contact emergency services, and we cannot.
• It is not a fire alarm, smoke alarm, carbon monoxide alarm, security system, medical alert, or any other life-safety device, and must not be used as one or in place of one.
• It must not be used where failure could cause injury, death, or harm to health, and must not be relied on to protect people, livestock or pets.
• It does not replace property insurance, a professionally monitored alarm system, or physically checking on a property.

9.4Alerts Are Not Guaranteed

An alert has to travel over networks and services we do not own. We make no guarantee that any alert will be sent, delivered, delivered on time, or received. Delivery can fail for reasons including, without limitation:

• no cellular signal, congestion, carrier outage, or the carrier deprioritising or blocking messages
• your phone being off, out of range, silenced, full, or filtering messages
• email being delayed, filtered to spam, or rejected
• power loss beyond the backup battery, a flat or missing add-on battery, or a device damaged, unplugged, moved or obstructed
• maintenance, faults or outages affecting our service or any provider we depend on

Readings are approximate and reflect conditions at the device, not throughout a building. Stated accuracy figures are typical performance, not a guarantee for any individual unit.

9.5Your Responsibilities

Because we cannot see your property, these are yours:

• Keep your contact details, alert thresholds and notification settings current, and confirm you actually receive test alerts.
• Test the device and each add-on periodically, and after moving anything.
• Replace add-on batteries when prompted and keep the device powered.
• Confirm there is usable cellular coverage where you install it.
• Keep insurance and any other protection appropriate for the property, and do not rely on CabinPulse alone.
• Act on an alert yourself. An alert is information, not a response.

9.6Inspection, Batteries and Safe Use

The CabinPulse device contains a rechargeable backup battery, and add-on sensors take AA lithium cells (a set is included with each add-on). Batteries can fail, and a failing battery can be dangerous. You agree to the following as a condition of use.

Inspect the device and every add-on regularly — at minimum on each visit to the property, and always before reconnecting power after a period of storage or disuse. Look for:

• swelling, bulging, or a case that no longer sits flat or has begun to separate
• cracks, dents, melting, warping, scorching or discolouration
• leaking, weeping, crusting or corrosion at the battery contacts
• heat that is more than mildly warm to the touch, or any burning or chemical smell
• a damaged, frayed or discoloured power adapter or cable
• water ingress, condensation inside the enclosure, or evidence of pests or moisture

If you observe any of these, or anything else out of the ordinary, stop using the device immediately. Disconnect it from power if it is safe to do so, do not attempt to charge it, do not open the enclosure beyond the battery cover, keep it away from anything flammable, and contact support@cabinpulse.com. Do not put a swollen or damaged battery in household waste — dispose of it through a battery recycling programme in accordance with local rules.

You also agree to: use only the supplied adapter or one we approve; use only good-quality AA cells of the type specified, never mixing old and new or different chemistries; remove add-on batteries before any extended period of disuse; install the device indoors, away from heat, water and direct sun, and within the operating conditions stated in the instructions supplied with the device; and not continue to use any device after we have told you to stop.

Continued use after a visible defect is at your own risk. To the maximum extent the law allows, we are not liable for any loss, injury or damage — including to the device, to persons, to property, or to anything the device was watching — that arises from or is worsened by use of a device showing any of the conditions above, from use outside the operating range, from unapproved power supplies or batteries, from unauthorised opening, modification or repair, or from failure to inspect as set out here. Nothing in this paragraph limits any liability that cannot be limited by law, including liability for death or personal injury caused by our negligence.

9.7Service Availability

We provide the service on an "as available" basis and offer no uptime commitment. We may suspend it for maintenance, upgrades, or to protect the service, and may change or discontinue features. We will give notice of planned interruptions where practical.

9.8Acceptable Use

You agree not to resell, rent out, or offer the service commercially to others without our written agreement; not to reverse engineer, decompile or tamper with the device, its firmware, or our software; not to interfere with the service or attempt unauthorised access; and not to use the service unlawfully or in breach of anyone's rights.

10Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

• Service interruptions or outages due to cellular network issues
• Property damage, including frozen pipes, mould, fire, or flooding
• Any loss or damage arising from continued use of a device showing damage, swelling, leakage, overheating or other defect, as set out in section 9.6
• Consequential, indirect, incidental, special, or punitive damages
• Loss of profits, revenue, data, or use

Monitoring Devices - Not Insurance

IMPORTANT: CabinPulse devices are monitoring and alerting tools only. They are NOT a substitute for property insurance or a guarantee against property damage.

Maximum Liability Cap

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID FOR THE DEVICE AND ONE YEAR OF SUBSCRIPTION FEES, OR $500 CAD, WHICHEVER IS LESS.

10.4Indemnity

You agree to indemnify and hold harmless Toccata Systems Inc., its officers, employees and suppliers from any claim, loss, liability or expense (including reasonable legal fees) arising from your use of the service, your breach of these Terms, or any claim that you relied on CabinPulse in a way these Terms say you must not.

10.5Events Outside Our Control

We are not liable for any failure or delay caused by something beyond our reasonable control, including cellular or internet outages, acts of a carrier or supplier, power failure, fire, flood, storm, earthquake, epidemic, labour dispute, act of government, war, or act of terrorism.

10.6Time Limit on Claims

Any claim relating to the service must be brought within one year of the event giving rise to it, to the extent the law allows a limitation period to be shortened by agreement.

10.7Your Rights Under Consumer Law

Nothing in these Terms removes, restricts or modifies any right, warranty, guarantee or remedy you have under applicable consumer protection legislation that cannot be excluded by agreement. Where such legislation applies, the exclusions and limits in sections 8, 9 and 10 apply only to the extent that legislation permits, and the rest of these Terms continue in force. If any provision is found unenforceable, it is severed and the remainder stands.

11Dispute Resolution and Arbitration

Binding Arbitration

Any dispute arising out of or relating to these Terms or our services will be resolved through binding arbitration under the Arbitration Rules of the ADR Institute of Canada, conducted in Saskatchewan, Canada.

Class Action Waiver

YOU AND TOCCATA SYSTEMS INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

Where This Does Not Apply

Some jurisdictions do not permit consumers to be bound to arbitration or to waive class proceedings. Quebec is one of them. If you are a consumer in such a jurisdiction, the arbitration agreement and class action waiver above do not apply to you, and you keep every right you have to bring a claim in court, including as part of a class proceeding. The rest of these Terms continue to apply.

12Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Saskatchewan, Canada, without regard to conflict of law principles.

13Contact Information

For questions, concerns, or notices regarding these Terms, please contact us:

Toccata Systems Inc.
Email: support@cabinpulse.com
Subject Line: "Terms of Service Inquiry"
Address: 350 103rd St E #104, Saskatoon, SK S7N 1Z1, Canada

14Acknowledgment

BY CLICKING "I AGREE," CREATING AN ACCOUNT, MAKING A PURCHASE, OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT:

• You have read and understood these Terms
• You agree to be bound by these Terms
• You are of legal age to enter into a binding contract
• You have the authority to accept these Terms