JEKASupport

Version 1.15 — in force since October 18, 2026. If you accepted this policy inside a JEKA application, the version you accepted there governs. All policies

MYWATCHTOWER

TERMS OF SERVICE & END USER LICENSE AGREEMENT

Version 1.15 • Effective Date: October 18, 2026 • For users who accepted an earlier version: November 1, 2026

Effective Date. This version of this Agreement takes effect on October 18, 2026 (the “Effective Date”) for every person who accepts it on or after that date, including by clicking “I Accept,” by creating an account, or by accessing or using the Platform without having accepted an earlier version. If you accepted an earlier version of this Agreement, the earlier version continues to govern your use of the Platform until this version takes effect for you, which occurs on the earlier of (a) the date you accept this version by click-through or other express acceptance and (b) November 1, 2026, when your continued use of the Platform constitutes acceptance under the notice provision of the earlier version.

This Terms of Service and End User License Agreement (this “Agreement”) is a binding contract between JEKA Software, Inc., a Delaware corporation (“JEKA,” “we,” or “us”), and you. It governs your access to and use of the MyWatchtower platform, including its web applications, mobile applications, entry kiosks, application programming interfaces, MyWatchtower Live Assist, MWT Connect, and all related software, content, and services (collectively, the “Platform”).

BY CLICKING “I ACCEPT,” CREATING AN ACCOUNT, OR ACCESSING OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE PLATFORM.

NOTICE REGARDING DISPUTE RESOLUTION: IF YOU USE THE PLATFORM AS AN INDIVIDUAL, SECTION A.19 REQUIRES THAT DISPUTES BETWEEN YOU AND JEKA BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, AND YOU WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS SECTION A.19(f) PROVIDES.

PART A: TERMS FOR EVERY USER

A.1 Eligibility; Authority

(a) You must be at least 18 years of age and have the legal capacity to form a binding contract to accept this Agreement or to hold an account. A Resident may permit a member of the Resident’s household who is 16 or 17 years of age to hold Credentials and to use the mobile applications under the Resident’s account, as Section C.4 provides. No household member under 16 years of age may hold an account or Credentials in that member’s own name. A guest Credential may be issued for a visitor of any age, and the person who issues it is responsible for its use under Section A.5. The Platform is not directed to children under 13 years of age.

(b) If you accept this Agreement on behalf of a Community, an Integrator, or another organization, you represent and warrant that you have the authority to bind that organization, and “you” includes that organization (Section B.1).

(c) You receive access to the Platform through your homeowners’ association, condominium association, community development district, property owner, or property operator (your “Community”). The Community is JEKA’s customer, either directly or through an authorized integrator partner of JEKA (an “Integrator”).

(d) You represent and warrant that you are not located in a country subject to a comprehensive United States embargo, that you are not identified on any United States government list of prohibited or restricted parties, and that you will not access or use the Platform in violation of United States export control or sanctions laws.

A.2 Definitions

In this Agreement, the following terms have the meanings given below. Other capitalized terms are defined where they first appear.

“Administrator” means an individual whom the Community designates to manage the Community’s Platform account.

“Authorized User” means any individual to whom Credentials or access to the Platform are granted, including Administrators, Residents, household members, guests, vendors, and the Community’s staff.

“Credentials” means any means of access issued or managed through the Platform, including QR codes, PINs, passes, cards, fobs, mobile passes, and login credentials.

“Facility Data” means all data generated by or collected from the Community’s use of the Platform, including visitor, resident, credential, vehicle, and access records, entry photographs, video clips, and Live Assist recordings.

“Servicing Integrator” means the Integrator named as such on the Community’s Order Form or on the Service Order issued for the Community, as the Community’s first contact for on-site matters.

“Kiosk” means a MyWatchtower entry kiosk.

“Live Assist” means MyWatchtower Live Assist, a service in which a live person, in a remote capacity, processes visitor-initiated entries under the Community’s configured rules.

“MWT Connect” means the Platform’s entry-request communication feature described in Section A.10a.

“Reselling Integrator” means an Integrator that buys JEKA’s products and services for the Community from JEKA and resells them to the Community under a Reselling Integrator Addendum with JEKA.

“Resident” means an Authorized User affiliated with a home or unit in the Community.

“Signed Agreement” means a written agreement between JEKA and a Community or an Integrator that both parties have signed, including a MyWatchtower Community Services Agreement, a JEKA Integrator Partner Agreement, and any Order Form or Service Order issued under either of them.

A.3 License; Restrictions; Feedback

(a) Subject to your continued compliance with this Agreement, JEKA grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform, including the mobile applications, solely for visitor management, access administration, and related purposes of your Community.

(b) You will not, and will not permit any other person to: (1) copy, modify, translate, or create derivative works of the Platform; (2) sell, resell, rent, lease, sublicense, distribute, or otherwise make the Platform available to any third party except as the Platform’s features permit; (3) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying structure of the Platform, except to the extent applicable law expressly permits despite this restriction; (4) remove or alter any proprietary notice; (5) access or use the Platform to build a competing product or service; or (6) use JEKA’s names, trademarks, or logos without JEKA’s prior written consent.

(c) The Platform is licensed, not sold. JEKA and its licensors own all right, title, and interest in and to the Platform, including all intellectual property rights in it. JEKA reserves all rights not expressly granted in this Agreement.

(d) If you provide JEKA with suggestions, comments, or other feedback about the Platform, you grant JEKA a perpetual, irrevocable, worldwide, royalty-free, fully paid license to use and exploit that feedback for any purpose, without attribution or compensation to you.

A.4 Accounts and Credentials

You are responsible for the accuracy of your account information, for maintaining the confidentiality of your login credentials, and for all activity that occurs under your account. You will notify JEKA promptly of any actual or suspected unauthorized access to or use of your account or Credentials.

A.5 Responsibility for Access You Grant

(a) If you issue Credentials to, or share Credentials with, any other person, you are responsible for that person’s use of them as if it were your own.

(b) You will issue Credentials only for legitimate purposes, and you will revoke them promptly when they are no longer needed or when you learn of any misuse.

(c) JEKA may suspend or revoke any Credentials it reasonably believes have been misused or used in violation of this Agreement or the AUP, without liability to you.

A.6 Acceptable Use

The MyWatchtower Acceptable Use Policy at https://portal.jekasoftware.com/policies/acceptable-use/ (the “AUP”) is incorporated into and forms part of this Agreement. Without limiting the AUP, you will not: (a) use the Platform, its Credentials, or its recordings or notifications to harass, embarrass, stalk, intimidate, defame, or harm any person; (b) circumvent, disable, or interfere with the Platform, any Kiosk or camera, or any connected gate or access control; (c) harvest, scrape, or extract data from the Platform; or (d) access any account, data, or function you are not authorized to access.

A.7 Recording Notice and Consent

(a) Kiosks capture a photograph and a video clip of an entry. Where the Community enables Activity Clips (the Kiosk setting “Save clips on movement”), the Kiosk also saves a short clip when there is movement at the gate. Kiosk clips do not include audio. Each Kiosk displays an on-screen notice of recording.

(b) A call placed from a Kiosk to a Resident is a live, two-way conversation and is not recorded.

(c) A Live Assist session is a session in which a Live Assist representative is requested through a Kiosk or assists with an entry, including any call the representative places to a Resident or to a contact of the Community during the session. A Live Assist session may be recorded for quality assurance, training, and entry documentation. If JEKA records a Live Assist session, an audible notice that the session may be recorded is played at its start, before any recording begins.

(d) By requesting or continuing to participate in a Live Assist session after that notice, you consent to the recording of the session.

(e) Photographs, clips, and Live Assist recordings form part of the Community’s entry records and may be included in entry notifications to the Residents and Administrators concerned.

A.8 Use Limits on Recordings

(a) Entry recordings, photographs, and vehicle records may be used only for entry management, entry documentation, and the administration of the Community.

(b) You will not redistribute or publish them, or use them to harass, embarrass, defame, or harm any person. Any misuse of recordings is a violation of Sections A.5 and A.6 and of the AUP.

(c) This Section does not limit JEKA’s rights in Facility Data under Section B.2a or under the privacy documents incorporated by Section A.12.

A.9 Communications; Text Messages; Telephone Numbers

(a) The Platform sends service messages, including entry notifications, by push notification and by email.

(b) The Platform sends text messages to you only if you opt in, either by providing a mobile number for text messages or by turning on text notifications. The JEKA Software SMS / Text Messaging Terms at https://portal.jekasoftware.com/policies/sms-terms/ (the “SMS Terms”) govern text messages and are incorporated into this Agreement.

(c) Reply STOP to stop text messages and HELP for help. STOP ends text messages only. To stop entry-request calls or push notifications, change your settings in the mobile application or ask your Administrator. You may also revoke your consent to calls, text messages, or notifications by any reasonable means, as the SMS Terms describe.

(d) Turning off notifications may limit features of the Platform, including guest-arrival notifications and entry requests.

(e) By registering a telephone number or device in the Platform, you represent and warrant that you are the subscriber or customary user of that number or device, or that you are authorized by that person to register it and to consent to entry-request calls, messages, and notifications to it. You will update or remove a number or device promptly when it is reassigned or is no longer yours. You are responsible for any claim arising from a number or device you register without that authority.

A.10 No Security Services; Not an Insurer; Not an Emergency Service

JEKA is a technology provider, not a security, guard, or protection service. No product name, service name, or marketing description modifies this Section.

The Platform facilitates visitor management and access administration. JEKA does not represent, warrant, or promise that the Platform will prevent unauthorized entry, crime, property damage, or personal injury. Any system can fail or be circumvented.

Live Assist offers remote assistance with entries by a live person, subject to operator availability; it is not a guard service. JEKA personnel, including Live Assist personnel, do not monitor camera feeds, recordings, or reports; Live Assist involvement occurs only when an entry session is initiated, and any live monitoring or gate staffing is performed by your Community or its own personnel or vendors.

Entry decisions rest with the Community, the Resident, or the Community’s designated decision maker, and never with JEKA or Live Assist personnel.

JEKA IS NOT AN INSURER OF ANY PERSON OR PROPERTY.

THE PLATFORM AND LIVE ASSIST ARE NOT EMERGENCY SERVICES AND ARE NOT A SUBSTITUTE FOR ON-SITE SECURITY PERSONNEL OR LAW ENFORCEMENT. IN AN EMERGENCY, CALL 911.

You and your Community are solely responsible for your own security decisions, access rules, precautions, and insurance. Kiosk cameras capture footage of entry activity for the record, for example a vehicle striking a gate after its entry was processed. The Platform is not an alarm system.

A.10a MWT Connect

(a) MWT Connect is the Platform’s entry-request communication feature. The Community’s gate staff, a Kiosk, or Live Assist may use it to obtain a Resident’s decision on an entry. It does so by push notification, or by audio or video call to the MyWatchtower application on the Resident’s device or to the Resident’s registered telephone number.

(b) A Community’s MWT Connect number routes calls to the telephones of the Community’s gate staff, if any.

(c) No user can place a call to an arbitrary number through the Platform. An outbound connection is made only to a Resident’s registered numbers and devices, to the telephones of the Community’s gate staff, or to a help number the Community designates for an entry point, and only for an entry request.

(d) MWT Connect is not a telephone service. It does not place or receive emergency calls, is not connected to 911, and is not a substitute for a telephone line.

(e) IN AN EMERGENCY, CALL 911 FROM YOUR OWN PHONE.

(f) An automated assistant is a planned feature and is not yet in service. Once in service, it will also answer a Community’s MWT Connect number. It will state at the start of each call that it is automated and, where the call is recorded, that the call is recorded.

(g) By registering a number or device, a Resident consents to receive entry-request calls and notifications at that number or device, subject to Section A.9(e). Once the automated assistant is in service, that consent includes automated or artificial-voice calls the assistant places for an entry request.

(h) A Resident may withdraw that consent as Section A.9(c) provides or by telling the Administrator.

(i) An entry request that cannot reach a Resident is handled under the Community’s standing policy. Unless the Community records a different standing policy, the standing policy is that entry is denied.

A.11 Service Dependencies; Non-JEKA Components; Third-Party Platforms

(a) The Platform depends on equipment and services that JEKA does not provide (“Non-JEKA Components”), including site electrical power, internet and telecommunications service, site networks, wiring, gate hardware and gate operators, mounting structures, and third-party devices.

(b) The Platform interoperates with third-party access-control and video platforms, such as Brivo, HID, and Eagle Eye Networks (“Third-Party Platforms”). Each Third-Party Platform is governed by its own terms.

(c) Features of the Platform may be limited, interrupted, or unavailable when a Non-JEKA Component or a Third-Party Platform fails, changes, or lapses. JEKA is not responsible for any such failure, change, or lapse (Section A.17(b)).

A.12 Privacy

The MyWatchtower Platform Privacy Notice at https://portal.jekasoftware.com/policies/privacy-notice/ (the “Privacy Notice”) describes the information JEKA collects through the Platform, including entry photographs, video clips, Live Assist recordings, and vehicle license plate data, and how JEKA uses, discloses, and retains it. The JEKA Software Website Privacy Policy at https://portal.jekasoftware.com/policies/site-privacy/ covers JEKA’s marketing websites. Both documents are incorporated into this Agreement.

A.13 Mobile Applications; App Stores

(a) This Section applies to any mobile application of the Platform that you obtain from the Apple App Store or the Google Play Store (each, an “App Store”). This Agreement is between you and JEKA only, and not with the App Store operator. JEKA, not the App Store operator, is solely responsible for the mobile application and its content.

(b) Your license to the mobile application is limited to use on a device that you own or control and as the usage rules of the applicable App Store permit.

(c) The App Store operator has no obligation to furnish any maintenance or support services for the mobile application.

(d) In the event of any failure of the mobile application to conform to any applicable warranty, you may notify the App Store operator, which will refund the purchase price, if any, that you paid for the application. To the maximum extent permitted by applicable law, the App Store operator has no other warranty obligation with respect to the mobile application.

(e) JEKA, not the App Store operator, is responsible for addressing any claim by you or any third party relating to the mobile application or your possession or use of it, including product liability claims, claims that the application fails to conform to any applicable legal or regulatory requirement, and claims arising under laws governing consumer rights, privacy, or similar matters.

(f) In the event of any third-party claim that the mobile application or your possession and use of it infringes that third party’s intellectual property rights, JEKA, not the App Store operator, is solely responsible for the investigation, defense, settlement, and discharge of that claim, to the extent this Agreement requires.

(g) You must comply with applicable third-party terms of agreement, such as your wireless data service agreement, when using the mobile application.

(h) Apple Inc. and its subsidiaries, and Google LLC and its affiliates, are third-party beneficiaries of this Section with respect to the mobile application obtained from their respective App Store. Upon your acceptance of this Agreement, each of them has the right, and is deemed to have accepted the right, to enforce this Section against you as a third-party beneficiary.

(i) Questions, complaints, or claims about the mobile application should be directed to JEKA at the address in Section A.20.

A.14 Changes to the Platform and to this Agreement

(a) JEKA may modify the Platform, this Agreement, the AUP, and the other incorporated policies from time to time.

(b) JEKA will give notice of a material change to this Agreement at least 30 days before the change takes effect, through the Platform or by email to the address associated with your account. Your continued access to or use of the Platform after the change takes effect constitutes your acceptance of the change. JEKA may also require you to accept the changed Agreement by click-through before you continue to use the Platform.

(c) No change to this Agreement reduces JEKA’s obligations under a Signed Agreement.

A.15 Suspension; Termination; Survival

(a) JEKA may suspend or terminate your access to the Platform, in whole or in part, if JEKA reasonably believes you have violated this Agreement or the AUP, or if suspension is reasonably necessary to preserve the integrity of the Platform or to avoid harm to JEKA, the Community, or any person. Any such suspension or termination is without liability to you and is not a breach of this Agreement.

(b) Your access ends automatically when your Community’s subscription ends, when your Community removes you, or when JEKA terminates it.

(c) Sections A.3(b) to A.3(d), A.7, A.8, A.10 to A.12 (including A.10a), A.16 to A.20, Part B, and any other provision that by its nature is intended to survive, survive the termination or expiration of this Agreement or of your access.

A.16 Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM, INCLUDING LIVE ASSIST AND MWT CONNECT, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. JEKA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. JEKA DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA WILL BE ACCURATE OR PRESERVED WITHOUT LOSS. THIS SECTION DOES NOT LIMIT ANY EXPRESS WARRANTY JEKA GIVES IN A SIGNED AGREEMENT OR IN THE MYWATCHTOWER WARRANTY POLICY.

A.17 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

(a) IN NO EVENT WILL JEKA OR ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PLATFORM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) JEKA IS NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATING TO NON-JEKA COMPONENTS, THIRD-PARTY PLATFORMS, OR THE CRIMINAL OR INTENTIONAL ACTS OF ANY THIRD PARTY, INCLUDING INCIDENTS AT ANY COMMUNITY.

(c) IF YOU USE THE PLATFORM AS AN INDIVIDUAL, JEKA’S TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PLATFORM WILL NOT EXCEED US $100.

(d) JEKA’S TOTAL AGGREGATE LIABILITY TO A COMMUNITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PLATFORM WILL NOT EXCEED THE FEES PAID BY OR ON BEHALF OF THAT COMMUNITY, TO JEKA OR TO ITS INTEGRATOR, FOR THE PLATFORM AT THE COMMUNITY’S SITE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY. A SIGNED AGREEMENT CONTROLS OVER THIS SUBSECTION AS BETWEEN JEKA AND ITS PARTY.

(e) THE EXISTENCE OF MORE THAN ONE CLAIM DOES NOT ENLARGE THESE LIMITS. THE LIMITS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

(f) THIS SECTION DOES NOT LIMIT LIABILITY ARISING FROM A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

The limitations in this Section are an essential basis of the bargain between you and JEKA. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you.

A.18 Indemnification by Users

(a) You will defend, indemnify, and hold harmless JEKA, its affiliates, and their respective officers, directors, employees, and agents (the “JEKA Parties”) from and against any and all third-party claims, demands, suits, and proceedings, and all resulting losses, damages, liabilities, judgments, settlements, fines, penalties, costs, and expenses, including reasonable attorneys’ fees, to the extent arising out of or relating to: (1) your breach of this Agreement or the AUP; (2) your misuse of the Platform, Credentials, recordings, or Facility Data; (3) the use of Credentials you issued or shared, or the use of the Platform by a household member under your account; (4) a telephone number or device you registered in breach of Section A.9(e); or (5) your violation of applicable law or of the rights of any third party.

(b) If you use the Platform as an individual, your obligations under subsection (a) do not apply to the extent a claim arises from the acts or omissions of a JEKA Party. If you accept this Agreement on behalf of an organization, Sections B.9(b) and B.9(c) apply to your obligations under subsection (a).

(c) JEKA will give you prompt written notice of a claim for which it seeks indemnification, although a delay in notice relieves you of your obligations only to the extent the delay materially prejudices you. JEKA may assume the exclusive defense and control of any claim, at your expense, and you will cooperate in that defense. You will not settle any claim without JEKA’s prior written consent if the settlement imposes any obligation or admission on a JEKA Party.

(d) The defense and indemnification obligations of a Community are stated in Section B.9.

A.19 Governing Law; Disputes; Individual Arbitration; Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IF YOU USE THE PLATFORM AS AN INDIVIDUAL, IT REQUIRES YOU AND JEKA TO RESOLVE DISPUTES BY BINDING INDIVIDUAL ARBITRATION, NOT BY A JUDGE OR JURY, AND IT PRECLUDES CLASS ACTIONS. YOU MAY OPT OUT WITHIN 30 DAYS AS SUBSECTION (f) PROVIDES.

This Agreement, and any dispute arising out of or relating to it or to the Platform, is governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. The Federal Arbitration Act, 9 U.S.C. § 1 and following, governs the interpretation and enforcement of this Section.

(a) Who this Section binds. Subsections (b) to (h) apply to you only if you use the Platform as an individual, as a Resident or another individual Authorized User, and not on behalf of a Community, an Integrator, or another organization. A dispute between JEKA and a Community or an Integrator is resolved in the courts named in subsection (i), unless that party’s Signed Agreement provides a different forum or method of dispute resolution.

(b) Notice of dispute; informal resolution. Before commencing an arbitration or a small-claims action, the party asserting a dispute will send the other a written notice describing the dispute and the relief sought. Notice to JEKA must be sent to legal@jekasoftware.com. Notice to you will be sent to the email address associated with your account. The parties will then attempt in good faith to resolve the dispute within 30 days after the notice is received. Any applicable statute of limitations is tolled during that 30-day period.

(c) Binding individual arbitration. Except as subsections (d), (g), and (h) provide, any dispute, claim, or controversy arising out of or relating to this Agreement or the Platform, including its formation, interpretation, breach, termination, or validity, will be resolved by final and binding arbitration before a single arbitrator. JAMS will administer the arbitration under its applicable arbitration rules and its Consumer Arbitration Minimum Standards in effect when the demand is filed. If JAMS is unavailable, the parties will agree on another administrator, or a court named in subsection (i) will appoint one. The arbitrator, and not any court, will decide all questions of arbitrability, scope, and enforceability, except the questions subsection (g) reserves to a court. The hearing will take place in the county where you reside or by video conference, at your election. The arbitrator may award you, on an individual basis, any relief a court could award you. Judgment on the award may be entered in any court of competent jurisdiction.

(d) Small claims; injunctive relief. Either party may instead bring an individual claim in a small-claims court that has jurisdiction over it. Either party may seek injunctive or other equitable relief in a court named in subsection (i) to stop actual or threatened misuse of Credentials, recordings, or the Platform, or the infringement or misappropriation of intellectual property rights.

(e) Fees. You will pay only the consumer filing fee set by the administrator’s consumer rules. JEKA will pay all other administrative fees and costs, including the arbitrator’s fees. Each party bears its own attorneys’ fees and costs, unless applicable law or the administrator’s rules provide for an award of them to the prevailing party.

(f) Right to opt out. You may opt out of this agreement to arbitrate by sending an email to legal@jekasoftware.com within 30 days after this version of this Agreement first takes effect for you, as the Effective Date paragraph at the beginning of this Agreement provides. Your email must state your name, the email address associated with your account, and that you opt out of arbitration. Opting out does not affect any other term of this Agreement or your use of the Platform.

(g) Class-action waiver. YOU AND JEKA EACH AGREE TO BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. EXCEPT AS SUBSECTION (h) PROVIDES, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. This waiver is not severable from the agreement to arbitrate. Only a court may decide whether this waiver is unenforceable as to a claim, or whether a claim may proceed on a class, collective, or representative basis. If a court so decides, that claim alone will be decided in a court named in subsection (i), after all individual claims are resolved in arbitration, and every other claim remains in individual arbitration. The severability provision of Section A.20 does not apply to this subsection.

(h) Mass filings. This subsection applies if 25 or more demands for arbitration raising similar claims are filed against JEKA within 90 days by or with the assistance of the same or coordinated counsel. Those demands will be administered in batches of up to 50 demands each. Each batch will be assigned to a single arbitrator and will bear one set of administrative fees. Subsection (b) applies to each claimant individually. No demand will proceed, and no fee will become due, until the demands are batched as this subsection requires. Any applicable statute of limitations is tolled while this subsection is followed. A court named in subsection (i) may enforce this subsection.

(i) Courts; jury waiver. Any dispute not subject to arbitration under this Section will be brought exclusively in the state courts located in Pasco County, Florida, or, where federal jurisdiction exists, in the United States District Court for the Middle District of Florida, Tampa Division. This includes a dispute with a Community or an Integrator under subsection (a), a claim subsection (g) sends to court, and an action to compel arbitration, to enforce this Section, or to confirm, vacate, or modify an award. It does not include a small-claims action under subsection (d). Each party consents to the personal jurisdiction of those courts and waives any objection to venue there. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, JEKA AND EACH COMMUNITY AND INTEGRATOR KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PLATFORM.

(j) Changes to this Section. If JEKA changes this Section after you accept it, the change does not apply to any dispute of which either party gave notice under subsection (b) before the change took effect.

A.20 General

(a) Entire agreement. This Agreement, together with the AUP and the other policies incorporated into it, constitutes the entire agreement between you and JEKA concerning your use of the Platform and supersedes all prior or contemporaneous understandings on that subject.

(b) Signed Agreements control. Where a Community or an Integrator has a Signed Agreement with JEKA, the Signed Agreement controls over this Agreement as between JEKA and that party. A Community’s Signed Agreement governs its order of the Platform, its hardware, its warranty under the MyWatchtower Warranty Policy, its Servicing Integrator, and its term. This Agreement governs each Authorized User’s use of the Platform without overriding any Signed Agreement.

(c) Disclaimer. The MyWatchtower Disclaimer at https://portal.jekasoftware.com/policies/disclaimer/ restates the limits in Sections A.10, A.11, A.16, and A.17 and is incorporated into this Agreement.

(d) Severability; waiver. Except as Section A.19(g) provides, if any provision of this Agreement is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. JEKA’s failure to enforce any provision is not a waiver of that provision or of any other right.

(e) Assignment. You may not assign or transfer this Agreement, by operation of law or otherwise, without JEKA’s prior written consent, and any attempted assignment without that consent is void. JEKA may assign this Agreement without your consent to an affiliate or to a successor in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of the assets to which this Agreement relates.

(f) Force majeure. JEKA is not liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, fire, flood, hurricane, epidemic, war, terrorism, civil unrest, labor disputes, governmental action, utility or power failures, and failures of internet, telecommunications, or hosting providers.

(g) Notices; electronic communications. JEKA may give you notices by email to the address associated with your account or through the Platform. You must give JEKA notices by email to legal@jekasoftware.com. You consent to receive agreements, notices, and other communications from JEKA electronically, and you agree that electronic communications satisfy any legal requirement that a communication be in writing.

(h) Relationship; no third-party beneficiaries. Nothing in this Agreement creates a partnership, joint venture, agency, or fiduciary relationship. Except as Sections A.13(h) and A.18 provide, there are no third-party beneficiaries of this Agreement.

(i) Interpretation. Headings are for convenience only. The words “include” and “including” mean “including without limitation.”

(j) Contact. Questions about this Agreement may be directed to legal@jekasoftware.com, to the support portal at support.jekasoftware.com, or to JEKA Software, Inc., 16703 Early Riser Avenue, Suite 533, Land O’ Lakes, FL 34638.

PART B: ADDITIONAL TERMS FOR COMMUNITIES AND ADMINISTRATORS

B.1 Binding the Community

The first Administrator to accept this Agreement for a Community represents and warrants that the Administrator is authorized to bind the Community, and this Agreement then binds the Community as a party. Each later Administrator accepts this Agreement both individually and on behalf of the Community. A Community’s Signed Agreement incorporates this Agreement by reference and controls over it as Section A.20(b) provides.

B.2 Facility Data; Retention; Export

(a) As between JEKA and the Community, the Community owns its Facility Data. JEKA processes Facility Data to provide the Platform, as this Agreement, the Privacy Notice, and any Signed Agreement describe.

(b) JEKA will keep entry records, photographs, video clips, and Live Assist recordings available to the Community for at least 90 days after their capture, or for any longer period the Community’s Signed Agreement states (the “Retention Period”). JEKA has no obligation to retain any of them after the Retention Period ends, and may delete them at any time after that without notice to the Community or any Authorized User, except as a Signed Agreement requires JEKA to keep the records of an entry named in a claim.

(c) The Community is responsible for exporting and preserving any Facility Data it must keep for longer than the Retention Period, including records it must keep under a legal hold or, where the Community is a public agency, under the public records laws and records retention schedules that apply to it.

(d) After the Community’s subscription ends, JEKA will provide an export of the Community’s Facility Data in commercially reasonable tools and formats on the Community’s written request. The request must be made within 30 days after the subscription ends, or within any longer period the Community’s Signed Agreement states. After that period, JEKA may delete or de-identify the Community’s Facility Data at any time.

B.2a Improvement of the Platform; AI Features

(a) The Community grants JEKA a non-exclusive, worldwide, royalty-free license to use Facility Data to operate, secure, maintain, analyze, develop, train, and improve the Platform and its features. Those features include any artificial-intelligence or machine-learning features JEKA offers for entry and visitor processing. JEKA may sublicense it only to its service providers acting on JEKA’s behalf.

(b) The license is a condition of the Community’s use of the Platform.

(c) Before JEKA uses Facility Data to train those features, it removes names, telephone numbers, email addresses, unit addresses, and account identifiers from the records it uses. Entry photographs, video clips, recordings, and license plate images may be used as captured and may show faces and license plates. JEKA does not use Facility Data to create biometric identifiers, and does not use it in training those features to identify any individual.

(d) JEKA handles Facility Data used under this Section under the confidentiality and safeguarding obligations of the Privacy Notice and of any Signed Agreement with the Community.

(e) JEKA does not sell Facility Data. JEKA discloses raw Facility Data only to service providers bound by written obligations to protect it, as the Privacy Notice identifies, or as this Agreement otherwise permits.

(f) JEKA’s automated processing of Facility Data under this Section is not a review of its content.

(g) The Community may opt out of the use of its Facility Data to train those features by written notice to legal@jekasoftware.com. The opt-out takes effect for training use within 30 days after JEKA receives the notice. It does not affect JEKA’s use of Facility Data to operate, secure, maintain, support, and analyze the Platform, and it does not require JEKA to retrain or unwind models already trained.

(h) The models, algorithms, software improvements, and aggregated or derived insights that JEKA develops are and remain the exclusive property of JEKA. Nothing in this Section transfers ownership of the Community’s Facility Data, which remains the Community’s under Section B.2.

(i) After the Community’s subscription ends, Section B.2 governs the retention and deletion of its Facility Data. Models, improvements, and learnings already developed need not be unwound, and JEKA’s rights in them survive.

B.3 Third-Party Platform Authorization

(a) Where the Community’s deployment uses a Third-Party Platform, such as Brivo or HID access control or Eagle Eye Networks video, the Community authorizes JEKA to access and interoperate with the Community’s accounts and services on that platform as needed to provide the Platform.

(b) The Community maintains, directly or through its Integrator, the subscriptions, licenses, and API access those platforms require. Fees for Third-Party Platforms are not included in JEKA’s charges.

(c) Features that depend on a Third-Party Platform function only while that platform’s services and JEKA’s authorized access to them remain active.

B.4 Administrators, Authorized Users, and Configuration

(a) The Community is responsible for designating its Administrators and for credentialing its Authorized Users and Residents, and for their acts and omissions in connection with the Platform as if they were its own.

(b) The Community will keep its access rules, standing policy, rosters, and unit records accurate and current. Entry decisions, including entries processed through Live Assist, follow the rules the Community configures.

(c) The Community is solely responsible for configuring its access rules lawfully and for revoking access promptly when it learns of misuse.

(d) For each telephone number or device the Community or its Administrators enter in the Platform, the Community represents and warrants that it has obtained every consent the law requires for entry-request calls, messages, and notifications to that number or device.

B.5 Recording Disclosures

JEKA configures each Kiosk to display an on-screen notice of recording. The Community is solely responsible for any additional signage, disclosures, resident notices, or consents that applicable law requires for video recording at its property or for any recorded Live Assist session.

B.6 Service Through an Integrator

The Community’s Servicing Integrator is the Community’s first contact for on-site matters. Hardware, on-site work, and billing follow the Community’s Signed Agreement and Order Form, except that, where the Community’s Reselling Integrator bills the Community, hardware and billing follow the Community’s agreement with that Integrator. JEKA provides the Platform and support for accounts and Platform use.

B.7 Continuity

JEKA may contact the Community directly for support, notices, and continuity of service, including to arrange continued service if the Community’s subscription lapses or its relationship with its Integrator ends.

B.8 No Managed or Telephone Services

(a) JEKA sells no managed services and provides no telephone service under this Agreement. A Community’s earlier Signed Agreement with JEKA governs any such service it states until that agreement ends or is amended.

(b) Internet service, managed workstations, desk telephones, telephone service, and helpdesk support for a staffed gatehouse are obtained, where a Community wants them, from a provider under that provider’s own agreement.

(c) Where JEKA refers a Community to Network Concern, Inc., JEKA acts only as the referring company and discloses any fee it receives for the referral.

B.9 Indemnification by the Community

(a) To the fullest extent permitted by applicable law, the Community will defend, indemnify, and hold harmless the JEKA Parties from and against any and all third-party claims, demands, suits, and proceedings, and all resulting losses, damages, liabilities, judgments, settlements, fines, penalties, costs, and expenses, including reasonable attorneys’ fees, to the extent arising out of or relating to: (1) the Community’s configuration of its access rules, standing policy, or entry decisions; (2) the Community’s failure to obtain any consent, or to provide any signage, disclosure, or notice, that Sections B.4 and B.5 make its responsibility; (3) misuse of the Platform, Credentials, recordings, or Facility Data by the Community, its Administrators, or its Authorized Users; (4) the acts or omissions of the Community’s staff, vendors, or contractors, including installation work; or (5) the Community’s violation of applicable law.

(b) The Community’s obligations under subsection (a) expressly include claims and losses caused in part by the negligence of a JEKA Party, whether that negligence is alleged or proven, but they do not apply to the extent the claim arises from the gross negligence or willful misconduct of a JEKA Party.

(c) If the Community is a public agency, this Section applies only to the extent the law permits, does not apply to the negligence of a JEKA Party, and does not waive the Community’s sovereign immunity or the limits of Section 768.28, Florida Statutes.

(d) Section A.18(c) governs the procedure for any claim under this Section. A Community’s Signed Agreement controls over this Section as Section A.20(b) provides.

(e) An Integrator that uses the Platform defends, indemnifies, and holds harmless the JEKA Parties on the terms of this Section for claims arising from its own acts and omissions and those of its personnel, unless its Signed Agreement provides otherwise.

PART C: ADDITIONAL TERMS FOR RESIDENTS

C.1 Your Household and Guests

You may manage users and Credentials for your own home or unit as your Community permits. Section A.5 applies to every Credential you issue: you are responsible for the access you grant.

C.2 Entry Notifications

Entry notifications you receive may include photographs and recordings. Section A.8 applies: they are for your entry-management use, not for redistribution or to harm any person.

C.3 Moving Out

Your access ends when your Community removes you or your association with your unit changes. Data collected during your residency is handled as the Privacy Notice describes and as Section B.2 provides.

C.4 Household Members Aged 16 and 17

(a) You may permit a member of your household who is 16 or 17 years of age to hold Credentials and to use the mobile applications under your account, if your Community permits it. By doing so, you consent to this Agreement on that household member’s behalf and represent that you are that household member’s parent or legal guardian, or are otherwise authorized to give that consent.

(b) You are responsible for supervising that household member’s use of the Platform, for that household member’s compliance with this Agreement and the AUP, and for that household member’s acts and omissions in connection with the Platform as if they were your own. Sections A.5 and A.18 apply to that use.

(c) You will revoke that household member’s Credentials and access promptly when that household member leaves your household or when you withdraw your consent.

Acceptance. You accept this Agreement electronically by clicking “I Accept” at first login, by creating an account, or by accessing or using the Platform, and your electronic acceptance has the same force and effect as a handwritten signature. You accept a later version of this Agreement by continuing to use the Platform after it takes effect under Section A.14, or by accepting it by click-through when JEKA requests. JEKA records the accepting account, the time of acceptance, and the version accepted.