Maintenance Terms and Conditions

Effective February 16, 2026

By signing this document, the Customer (“Customer”, “you” or “your”) agrees to be bound by these Terms and Conditions with respect to all products and services (collectively “Services”) provided to you by Always On Generators, LLC, (“we” or “us”) and by any additional terms of service and posted policies applicable to the Services posted at https://alwaysongenerators.com/ and incorporated herein by reference (collectively referred to as “Terms”). These Terms also incorporate by reference the Privacy Policy located at https://alwaysongenerators.com/privacy-policy/, which governs the collection, use and disclosure of Customer personal information. All references to Always On Generators in these Terms means Always On Generators, LLC, as well as its affiliates or any third parties Always On Generators may retain to provide Services.
THESE TERMS OF SERVICE CONTAIN (1) A BINDING ARBITRATION PROVISION, WHICH INCLUDES A WAIVER OF YOUR RIGHT TO BRING CLAIMS AS CLASS ACTIONS; (2) A LIMITATION ON YOUR RIGHT TO BRING CLAIMS AGAINST US MORE THAN 1 YEAR AFTER THE RELEVANT EVENTS OCCURRED; AND (3) THE RIGHT TO OPT OUT OF THE FOREGOING PROVISIONS. THESE PROVISIONS AFFECT CUSTOMER’S RIGHTS UNDER THESE TERMS OF SERVICE WITH RESPECT TO ALL SERVICES. SEE BELOW FOR DETAILS ON THESE PROVISIONS.

I. Acceptance of Terms. Customer accepts these Terms by doing any of the following: (i) written or electronic signature; (ii) informing us electronically or orally of such acceptance; (iii) activating equipment; (iv) use of or payment for, in whole or in part, Services or equipment. When Customer accepts these Terms, Customer is representing that Customer is at least eighteen (18) years old and legally able to accept a binding contract. This is a binding legal document and Customer should regularly consult https://alwaysongenerators.com/terms-and-conditions/ for updates.

II. Changes to Terms. To the fullest extent permitted under applicable law, we may in our sole discretion modify any aspect of the Services or these Terms and will post such changes on https://alwaysongenerators.com/terms-and-conditions/. We will provide written notice of any material changes to the Services or these Terms at least 15 days in advance or any longer period required under applicable law by either: (i) sending via mail or hand delivery to Customer’s address of record; (ii) e-mailing to Customer’s e-mail of record; or (iii) including a message in your monthly billing statement. Customer agrees that any one of the foregoing methods of notice constitute sufficient and effective notice under these Terms. If you disagree with a change to these Terms, you have the right to cancel the Services; provided, that your continued use of the Services for more than 30 days after we deliver notice of a change will constitute your acceptance of the change.

III. Term. Unless otherwise terminated, these Terms shall automatically renew on a month-to-month basis. Customer acknowledges that upon such renewal all pricing is subject to change in accordance with these Terms and to the extent permitted under applicable law. To terminate any recurring Service, not less than thirty (30) days prior to the expiration of the then current monthly term, Customers must call to notify us of their desire and intention to terminate the Service at (239) 839-3553, or provide a hardcopy written notice of termination to us delivered to Always on Generators, 16181 Old US 41, Fort Myers, FL 33912, and in any event, any such Customer-requested termination shall not be effective before the date we receive such request. If any termination notice is provided less than thirty (30) days prior to the expiration of the then current monthly term, you will be charged for any payments and/or fees due at the next automatic monthly renewal date. Such payment will act as final payment for the Services and the requested termination shall be effective at the end of such term. You acknowledge and agree that Services are purchased as an annual plan, paid on a monthly basis, consequently, if you terminate prior to payment in full for any previously provided Services you will continue to be charged on your regularly scheduled payment date for any remaining balance and/or fees due under your Service plan for any Services already provided or performed prior to such termination until such balance is paid in full. Alternatively, you may also elect to pay any remaining balance and fees in full at the time of termination by indicating such election in your termination notice and providing payment of such balance in full at the time such termination notice is provided. Prior to effecting such termination or any other change to your account we will verify and authenticate your identity, confirm that you are authorized to request such changes, and confirm your election of such changes.

IV. Fees and Payments Generally.

a. All sales tax is included in this document. Our current maintenance plan pricing is set forth on Appendix 1. Accordingly, your monthly payments will be set based on your selected Services. Pricing is subject to change.

b. Customer agrees and understands that by entering into the arrangement described herein, we are not extending Customer any credit and therefore we and Customer are not entering into a consumer credit or similar transaction. If Customer makes payment by check, Customer authorizes us to collect such payment electronically. Customer may not amend or modify these Terms with any restrictive endorsements (such as “paid in full”), releases, or other statements on or accompanying checks or other payments accepted by us; any of which notations shall have no legal effect. Whether paying by check, or any form of electronic funds transfer from a banking account, Customer hereby authorizes us to collect any declined amount electronically from the subject account

c. Customer agrees to pay all charges associated with the Services, including, but not limited to, charges for installation, service calls, equipment fees, applicable taxes and fees, applicable municipal, state and federal government fees, permitting fees, rights-of-way access, and any fees or payment obligations imposed by governmental or quasi-governmental bodies for the sale, installation, use, or provision of the Services. If partial payment is made and without waiving its right to collect the full balance owed, we will apply that payment to any outstanding charges in the amounts and proportions that we determine. Failure to pay charges by the due date on the invoice (including checks returned for insufficient funds) may result in suspension of all Services and/or the removal of equipment. If any outstanding balance on the invoice remains unpaid for more than fourteen (14) days following the due date listed on the invoice, an interest charge on the outstanding balance due may be applied in an amount equal to 1.5% per month (18% per annum), or the maximum interest rate allowable by law. Should Customer wish to resume Service after any suspension, Customer may be subject to reactivation fees. Should Customer wish to resume Service after termination of Service, we may charge fees for service calls and/or activation and reserves the right to charge rates different from those in place at the time of disconnect. These fees are in addition to all past due charges and other fees. In the event collection activities are required, additional collection charges may be imposed.

d. Any services or materials not mentioned in these Terms are not included in the fees and additional charges may be applicable. All rates are subject to change to the extent permitted under applicable law and these Terms.

e. Subject to restrictions under applicable law, if any, Customer shall be responsible for the full monthly charge (without pro-ration) for those Services that are offered on a monthly subscription basis to which the Customer has subscribed, regardless of Customer’s termination of such monthly Service prior to the conclusion of the current monthly subscription service period. The monthly subscription service period can be found in Customers billing statement.

f. To the extent permitted under applicable law, if you disagree with a charge on your billing statement, you must contact us at (239) 839-3553 no later than 60 days after the due date on your billing statement or you waive any such dispute.

V. Autopay and Electronic Payment Services.

a. The balance of your monthly billing statement shall be paid on a recurring basis, including charges that are due immediately, through your enrollment in the mandatory Auto Pay Service (the “Electronic Payment Services”).

b. By enrolling in the Auto Pay Service, Customer authorizes us to charge/debit electronically the bank account, debit or credit card that you designated (the “Payment Method”) each month to pay the balance due on your account on the due date shown on your monthly bill statement, including charges that are due immediately. We will continue to charge/debit your Payment Method each month unless you cancel your authorization at least thirty (30) days before the next scheduled payment date, as further described in Section III of these Terms.

c. By using the Electronic Payment Services, you (i) represent that you are legally authorized user of the Payment Method and (ii) authorize us to store your Payment Method for future use. Customer is responsible for ensuring that the Payment Method information is current and accurate at all times. Customer must notify us of any change in the Payment Method at least three (3) business days before the scheduled due date shown on your monthly billing statement for the month in which you want to make the change. If the change is made after this time, the change will not take effect until the following billing cycle for your monthly billing statement. If the initial payment using the Auto Pay Service fails, Customer may be charged an applicable payment failure fee in addition to Customer’s past due balance in accordance with these Terms. Customer will remain responsible for taking appropriate actions to ensure that your monthly billing statements are paid when due.

d. Customer has the right to revoke the recurring Auto Pay arrangement with us at any time. Any revocation of your authorization to pay amounts due through the Auto Pay service will not take effect until after receipt by us and will result in the discontinuance of Auto Pay bill payment(s). After cancelation of Auto Pay bill payment, you will be responsible for taking appropriate action to pay all amounts due as set forth on your billing statement.

e. To get a copy of Customer’s online Auto Pay confirmation for Customer’s records, Customer must print or save such document to Customer’s computer.

f. Customer must notify us of any change in account information or Payment Method. Customer can update account or Payment Method information by calling (239) 839-3553 or speaking with one of our service representatives. It may take at least one billing cycle to update your new Payment Method. In the meantime, you will remain solely responsible for taking appropriate actions to ensure that payments are made when due.

g. You agree that we may provide you legal notices regarding the Electronic Payment Services, payments made, and other relevant information or records attributable to your payment transactions. Customer may not revoke consent to receive such electronic notice, records, or disclosures.

h. It is Customer’s responsibility to protect the confidentiality of any username or password used in connection with the Electronic Payment Services. Customer shall not provide access to the Electronic Payment Services to anyone other than household members or delegated authorized users. If Customer believes Customer’s password or other means to access the Electronic Payment Services has been lost, stolen, or otherwise compromised, Customer must notify us immediately at (239) 839-3553.

i. We shall have no liability or responsibility for our inability to process or receive payments Customer makes or attempts to make using the Electronic Payment Services or otherwise to perform our responsibilities under this Section in the event circumstances beyond our control prevent us from doing so or otherwise affect our ability to do so.

j. Customer is responsible for all fees and costs related to maintaining a valid Payment Method including processing charges or annual costs.

k. Customer’s use of the Electronic Payment Services is for Customer’s exclusive personal use. No payment processor or any other third party may use the Electronic Payment Services to make payments on behalf of Customer without our written consent. Any attempt to do so will be considered an unauthorized interference with the intended operation of the Electronic Payment Services and may result in our failure to process or accept payments from you.

l. OUR SOLE AND ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY FOR THE PROCESSING OR DEDUCTION OF AN INCORRECT TRANSFER OF FUNDS HEREUNDER SHALL BE THE RETURN TO YOU OF THE IMPROPERLY TRANSFERRED FUNDS. FOR THE AVOIDANCE OF DOUBT, THIS SECTION DOES NOT LIMIT ANY NON-WAIVABLE RIGHTS CUSTOMER MAY HAVE UNDER APPLICABLE LAW.

m. Customer hereby authorizes us to collect any declined amount electronically from the subject account. In addition, Customer’s Service may be suspended and/or terminated.

n. Customer shall be responsible for any payment processing fees incurred when using a third party to process Customer’s payments to us. Any NSF charge is in addition to any charges Customer’s financial institution may assess. If initially rejected, us will make additional multiple attempts to execute such electronic payment for up to 30 days following the initial refusal. At the end of the 30-day period, if there has not been a successful payment then Customer’s Electronic Payment Services will be terminated.

VI. Monitoring System Connection. Generator monitoring systems require strong WiFi signal at the generator. You are responsible for maintaining a reliable internet connection to support your remote monitoring system (Mobile Link, or comparable) operation. If there is not good signal, extra fees will apply as necessary to get connection to the unit. We will charge up to $250 per visit, plus the cost of any materials necessary to reconnect your equipment to your remote monitoring system. We reserve the right to charge an increased reconnection fee in the event substantial work is required to reconnect. You are responsible for setting up an account with a fuel provider. Fuel cost is not included in our monthly fees.

VII. Disruption in Performance. If we cannot perform our scheduled work due to others, a trip charge will be applied at labor rate for personnel and equipment. Customer agrees to allow us and our agents access and otherwise enter the Customer’s premises and the right to install configure, maintain, inspect or upgrade equipment. Customer warrants that Customer is either the owner of such premises and equipment or that Customer has the authority to give us access to it. If the installation and maintenance are requested at premises that, in our sole discretion, are or may become hazardous or dangerous to our employees, the public or property, we may refuse to install and maintain such equipment.

VIII. Communications. Customer acknowledges and agrees that all communications between Customer and us may be recorded or monitored for quality assurance or other purposes subject to applicable law. Customer agrees that we (or persons acting on our behalf) may use an automated dialing system and/or prerecorded voice to call, text or e-mail any landline or wireless phone number or e-mail address that Customer provides to us for any non-promotional account, informational, or Service-related purpose such as, without limitation, collections and billing, appointment scheduling or confirmations, or service alerts. Customer authorizes us to provide other notices using any method we determine appropriate, including by electronic means (for example, email or online posting). Upon our request, you will provide us with a current email address that you regularly check so that we may provide notices and communications to you at that address.

IX. Right to Refuse, Suspend, or Terminate. We reserve the right to refuse, suspend or terminate Service to any person at any time for any reason not prohibited by law. When practical, we will provide notice that is reasonable under the circumstances before suspending or terminating Service to an existing Customer, and we will provide any prior notice of suspension or termination that is required by law.

X. “AS IS” Condition. ALL EQUIPMENT AND, WIRING ARE PROVIDED “AS IS”, UNLESS OTHERWISE PROHIBITED OR RESTRICTED UNDER APPLICABLE LAW, AND WE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A SPECIFIC PURPOSE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING FROM THE USE, DEPLOYMENT, AND/OR FUNCTIONALITY OF EQUIPMENT OR WIRING. WE HEREBY DISCLAIM ANY AND ALL CLAIMS ARISING FROM OR ASSOCIATED WITH THE FAILURE, OPERABILITY, PERFORMANCE, DEFECTS OR DAMAGES ARISING FROM EQUIPMENT, ANY OF WHICH SHALL REMAIN MATTERS EXCLUSIVELY BETWEEN THE CUSTOMER AND THE MANUFACTURER OF SUCH EQUIPMENT.

XI. Breach.

a. In the event of any breach of these Terms by Customer, Services may, at our option, be terminated. Customer shall pay reasonable collection and/or attorney’s fees to us in the event that we shall, in our discretion, find it necessary to enforce collection or to preserve and protect our rights under these Terms. We may terminate these Terms, or we may limit Services for any reason including, but not limited to, if i. Customer violates these Terms as solely determined by us; ii. The information required to provide Service is or becomes incorrect, absent or incomplete; iii. Customer threatened or harassed any of our employees, agents, contractors or representatives (e.g., by abusive language, physical threats, etc.); iv. Customer’s Payment Method fails to compensate us; or v. The amount of technical support required to provide Services to Customer is excessive as determined in our sole discretion. Customer further agrees that in the event of termination pursuant to these subsections we shall have no liability to Customer.

b. Customer agrees that upon termination of these Terms, Customer will pay us in full for Services through the end of the then-current monthly subscription service period. Customer acknowledges and agrees that in the event of renewal after cancellation or termination of a Service, Customer shall be subject to the pricing, warranties, and Terms as are effective at the time of such renewal.

c. If Customer breaches these Terms, we have the right to seek compensation from Customer for such breach through arbitration or, if Customer has opted out of these Terms’ arbitration provision or we are seeking an order requiring you to do or refrain from doing something, in court. Additionally, if any person or entity brings a claim against us that arises out of Customer’s relationship with us, the Services provided to Customer, the Terms, or Customer’s breach thereof or failure to comply therewith, Customer will indemnify, defend (at our exclusive election), and release us from and against liability and reimburse us for any losses that we may incur, including reasonable attorneys’ fees and costs, resulting from such claim. Customer’s responsibilities under this Section cover any dispute, whether arising under contract, tort (for example, a negligence or product liability claim), violation of law or regulation or any other legal theory.

XII. No Assignment. These Terms and the Services supplied by us are not assignable or otherwise transferable by Customer, without specific written authorization from us. We shall have the right to terminate these Terms immediately in the event that Customer makes an assignment for the benefit of creditors, or a voluntary or involuntary petition is filed by or against Customer under any law having for its purpose the adjudication of Customer as a bankrupt or the reorganization of Customer.

XIII. Liability. Our sole obligation and Customer’s sole remedy with respect to any liability or damage caused by Customer’s use or deployment of equipment or wiring shall be a refund of fees paid by Customer for such equipment. We are not responsible, nor retain any liability, for the terms, conditions, or fulfillment of any separate generator warranty; that obligation rests solely with the applicable third-party provider. You are solely responsible for the functionality and ongoing operation of your generator. We provide no guarantee of continuous operation of the generator and in no event shall we be liable for any failure of such generator, any interruption of power, or any consequential, indirect, or incidental damages (including loss of business, spoilage, etc.) resulting from such failures.

a. Customer agrees to defend, indemnify, and hold us, including our officers, directors, employees, affiliates, subsidiaries, and authorized agents (individually and collectively, “AOG Indemnitees”) harmless from and against any and all demands, claims, suits, judgments, expenses (including without limitation reasonable attorney or witness fees), loss, damages to, or destruction of personal, real, or intellectual property, bodily injury or death of any person, and other liabilities arising from: a. The installation, operation, provision, or other use of Services and/or equipment; b. Any violation of these Terms, or other published policies or requirements; c. The negligence, willful misconduct, violation of a third party’s rights, or failure to comply with applicable law by (i) Customer, (ii) members of Customer’s household, or (iii) Customer’s guests, or (iv) any other person using the Services provided to Customer; or d. unauthorized, unlawful, or fraudulent use of equipment or Services. The foregoing defense and indemnity obligations exclude damages to the extent caused by the gross negligence or willful misconduct of the AOG Indemnitees.

b. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION APPLY TO ANY ACTS, OMISSIONS AND NEGLIGENCE OF US, OUR OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES. EXCEPT AS OTHERWISE REQUIRED UNDER APPLICABLE LAW, ANY CLAIM YOU MAY HAVE AGAINST US MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES. IF CUSTOMER DOES NOT BRING A CLAIM WITHIN THIS PERIOD, CUSTOMER IS BARRED FROM BRINGING SUCH CLAIM, AND WE WILL HAVE NO LIABILITY WITH RESPECT TO SUCH CLAIM. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO CUSTOMER FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND EQUIPMENT OR ANY ACTS OR OMISSIONS ASSOCIATED THEREWITH, INCLUDING ANY ACTS OR OMISSIONS BY THIRD PARTY SERVICE PROVIDERS OR ANY MANUFACTURER OF EQUIPMENT, AGENTS OR SUBCONTRACTORS OF OURS, OR RELATING TO ANY SERVICES FURNISHED, WHETHER SUCH CLAIM IS BASED ON BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF THE CAUSES OF SUCH LOSS OR DAMAGES OR WHETHER ANY OTHER REMEDY PROVIDED HEREIN FAILS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF EQUIPMENT OR THE SERVICES OR ANY BREACH BY US OF ANY OBLIGATION WE MAY HAVE UNDER THESE TERMS OR APPLICABLE LAW, SHALL BE CUSTOMER’S ABILITY TO OBTAIN THE REPLACEMENT OR REPAIR OF ANY DEFECTIVE EQUIPMENT PROVIDED BY US. IN NO EVENT SHALL OUR LIABILITY TO CUSTOMER FOR ANY CLAIM ARISING OUT OF THESE TERMS EXCEED THE AMOUNT PAID BY CUSTOMER DURING THE PRECEDING THIRTY (30) DAY PERIOD. IN JURISDICTIONS THAT DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. CUSTOMER ALSO AGREES THAT IT SHALL NOT BE PERMITTED TO BRING ANY CLAIM WHATSOEVER AGAINST US THAT RESULTS IN WHOLE OR IN PART FROM CUSTOMER’S FAILURE TO COMPLY WITH THESE TERMS.

XIV. Arbitration. The following provisions are important with respect to the agreement between Customer and us regarding our Services memorialized by these Terms. PLEASE READ THEM CAREFULLY TO ENSURE THAT CUSTOMER UNDERSTANDS EACH PROVISION. These Terms require the use of arbitration to resolve disputes and otherwise limits the remedies available to Customer in the event of a dispute. We and Customer agree to arbitrate disputes and claims arising out of or relating to these Terms and the Services, the equipment, or marketing of the Services Customer has received from us. Notwithstanding the foregoing, either party may bring an individual action on any matter or subject in small claims court.

a. A party who intends to seek arbitration must first send to the other a written notice of intent to arbitrate, entitled “Notice of Intent to Arbitrate” (“Notice”). The Notice to us should be addressed to: Always on Generators, 16181 Old US 41, Fort Myers, FL 33912 (“Arbitration Notice Address”). The Notice must: (1) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, we or Customer may commence an arbitration proceeding under these Terms. The arbitration shall be governed by the Revised Florida Arbitration Code, F.S. Ch. 682 (collectively, “FL Arbitration Code”), as modified by these Terms, and the arbitration shall be administered in accordance with the FL Arbitration Code and these Terms. The FL Arbitration Code is available at “https://www.leg.state.fl.us/statutes/” under chapter 682 or by writing to the Arbitration Notice Address. There shall be one (1) arbitrator who shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, scope, or enforceability of these arbitration provisions and these Terms. THE PARTY INTIATING THE ARBITRATION SHALL BEAR THE INITIAL COST OF ANY ARBITRATION FILING FEES AND ARBITRATOR’S FEES REQUIRED BY THE FL ARBITRATION CODE OR OTHERWISE TO THE EXTENT REQUIRED UNDER APPLICABLE LAW TO RENDER THESE ARBITRATION PROVISIONS ENFORCEABLE. PER THE FL ARBITRATION CODE, REPAYMENT OF ANY SUCH FEES AND COSTS BY THE OTHER NON-INITIATING PARTY SHALL THEN BE DETERMINED AND CHAGRED IN ACCORDANCE WITH THE ABITRATION AWARD. The parties may agree that arbitration will be conducted solely on the basis of the documents submitted to the arbitrator, via a telephonic hearing, or by an in-person hearing.

b. CUSTOMER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, CUSTOMER AND WE ARE WAIVING THE RIGHT TO A TRIAL BY JUDGE OR JURY. CUSTOMER AND WE AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY AND NOT ON BEHALF OF, OR AS PART OF, A CLASS ACTION OR REPRESENTATIVE PROCEEDING.

c. Unless we and Customer agree otherwise in writing, all hearings conducted as part of the arbitration shall take place in the county of Customer’s billing address. To the fullest extent permitted under applicable law, the arbitrator may award injunctive relief only in favor of the party seeking relief, only to the extent sought, and only to the extent necessary to provide the specific relief warranted by such individual’s claim. The parties agree that the arbitrator must give effect to the terms of these Terms. Furthermore, unless both Customer and we agree otherwise in writing, the arbitrator may not consolidate proceedings or more than one person’s claims and may not otherwise preside over any form of representative or class proceeding. If this specific paragraph is found to be unenforceable, then the entirety of these arbitration provisions shall be null and void and rendered of no further effect with respect to the specific claim at issue.

d. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN THE EVENT SOME OR ALL OF THESE ARBITRATION PROVISIONS ARE DETERMINED TO BE UNENFORCEABLE FOR ANY REASON, OR IF A CLAIM IS BROUGHT THAT IS EXCLUDED FROM THE SCOPE OF THESE ARBITRATION PROVISIONS (INCLUDING THOSE WITH RESPECT TO WHICH CUSTOMER HAS OPTED OUT OF THESE ARBITRATION PROVISIONS), BOTH PARTIES AGREE TO WAIVE, TO THE FULLEST PERMITTED UNDER APPLICABLE LAW, ANY TRIAL BY JURY AND ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS. For purposes of the foregoing sentence only, in the event such waiver or any part of it is found to be unenforceable, it shall be severed from these Terms, rendered null and void and of no further effect without affecting the rest of the arbitration provisions set forth herein.

e. CUSTOMER AND WE AGREE THAT ANY INDIVIDUAL ACTION BROUGHT BY CUSTOMER OR BY US ON ANY MATTER OR SUBJECT THAT IS WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS SHALL NOT BE SUBJECT TO ARBITRATION.

f. The foregoing arbitration provisions shall survive the termination of your contract with us. Customer may opt out of the arbitration provisions in which case the normal statute of limitations will apply. If Customer does not wish to be bound by these arbitration provisions, including the shortened statute of limitations period, Customer must notify us in writing within 30 days of (a) the date that these arbitration provisions become effective, if Customer is an existing customer, or (b) the date that Customer first subscribes to the Service. Customer may opt out by mail to the Arbitration Notice Address. Customer’s written notification to us must include Customer’s name, address, and account number as well as a clear statement that Customer does not wish to resolve disputes with us under these arbitration provisions. Customer’s decision to opt out of this arbitration provision will have no adverse effect on Customer’s relationship with us or the delivery of Services to Customer. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. This Section shall survive the termination of these Terms of Service. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of the Terms

XV. MISC. These Terms constitute the entire agreement between the Customer and us. No undertaking, representation or warranty made by an agent or representative of ours in connection with the sale, installation, maintenance or removal of equipment shall be binding on us except as expressly included herein. In the event that any one or more of the provisions contained herein is for any reason, held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and all other provisions shall remain in full force and effect. If any of the provisions are held to be excessively broad or invalid, illegal or unenforceable in any jurisdiction, it shall be reformed and construed by limiting and reducing it so as to be enforceable to the maximum extent permitted by law in conformance with its original intent. All obligations of Customer and us under these Terms shall survive, if by their terms, they would be expected to survive completion of Services.

Appendix 1: Maintenance Plan Pricing as of February 16, 2026