Broadwater Systems Group

Legal

Terms of Service

Effective: May 3, 2026. Last updated: May 3, 2026.

Agreement

Agreement to These Terms

By accessing or using Broadwater Systems Group LLC ("BSG", "we", "us", "our") services — including our website at broadwatersystemsgroup.com, our customer portal, our mobile applications, our SMS notifications, and any related services (collectively, "Services") — you ("you", "Customer") agree to these Terms of Service ("Terms"). If you do not agree, please do not use our Services.

These Terms constitute a binding agreement between BSG and you. If you are using BSG on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

Services

Description of Services

BSG provides industrial-grade sensor monitoring and operational intelligence services for agricultural, water, infrastructure, and institutional operators. Services include:

Accounts

Account Registration and Use

To access most BSG Services, you must create an account by providing accurate and current information including your legal name, email address, phone number, and operational details about the infrastructure being monitored. You agree to:

You are responsible for ensuring that anyone using your account is authorized to do so and is bound by these Terms.

Your Data

Customer Data Ownership

Your operational data — sensor readings, configurations, alert history, and other information you generate through use of the Services — is your property. BSG processes and stores this data on your behalf to deliver the Services.

You grant BSG a limited license to your data solely for purposes of:

BSG does not claim ownership of your data, does not sell your data, and does not use your data for purposes beyond delivering Services to you. See our Privacy Policy for detailed data handling practices.

Upon termination of your account, you may export your operational data in standard formats. BSG will retain backups for a reasonable period (typically 90 days) for operational reasons before deletion, after which your data is permanently removed.

Hardware

Hardware and Equipment

BSG sensors, gateways, and related hardware purchased through BSG remain property of the customer once paid in full. BSG provides hardware warranty consistent with manufacturer warranties (typically 1–2 years on industrial sensors). BSG is not responsible for damage caused by improper installation by parties other than BSG, environmental conditions exceeding equipment ratings, or modifications to BSG-supplied equipment.

Hardware leased through subscription arrangements remains BSG property until the lease term expires or full purchase price is paid.

Billing

Service Fees and Billing

BSG offers tiered subscription Services with monthly fees as published on our pricing page. Installation fees, custom integration work, and additional Services are quoted separately.

Subscription fees are billed monthly in advance. Late payments accrue interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law. BSG reserves the right to suspend Services for accounts with payments more than 30 days past due.

BSG processes billing through Stripe. By providing payment information, you authorize BSG and Stripe to charge your designated payment method according to your subscription terms.

Fees are non-refundable except as required by applicable law or as expressly stated otherwise. You may cancel your subscription at any time; service will continue through the end of the current billing period for which payment was made.

Use Policy

Acceptable Use

You agree not to use BSG Services to:

BSG reserves the right to suspend or terminate accounts that violate these acceptable use restrictions.

SMS

SMS Communications

By providing your phone number and opting in to BSG SMS notifications, you agree to receive operational alerts, account verification codes, and service-related messages. Standard message and data rates from your carrier may apply. Message frequency varies based on your alert configuration.

You may opt out at any time by replying STOP to any BSG message, by disabling SMS in your account settings, or by contacting BSG support. Opt-out is processed immediately.

Availability

Service Availability and Uptime

BSG strives to provide reliable Services but does not guarantee uninterrupted availability. Services may be temporarily unavailable due to:

BSG is not liable for service interruptions or for any loss or damage resulting from such interruptions, except to the extent expressly provided in a separate Service Level Agreement.

Disclaimers

Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY OF DATA. BSG DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.

Customers acknowledge that sensor data, alerts, and operational visibility provided through BSG are tools to support — not replace — the customer's own operational judgment and responsibilities. BSG is not a substitute for in-person inspection, maintenance, or compliance with industry standards applicable to the customer's operations.

Liability

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BSG'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE FEES PAID BY THE CUSTOMER TO BSG IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

BSG IS NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF BSG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow limitation of liability for certain types of damages; in such jurisdictions, BSG's liability is limited to the maximum extent permitted by applicable law.

Indemnification

Indemnification

You agree to indemnify, defend, and hold harmless BSG, its officers, employees, contractors, and affiliates from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Services in violation of these Terms or applicable law.

Termination

Termination

You may terminate your account at any time by contacting BSG support. Upon termination, you will retain access through the end of the current billing period for which payment was made.

BSG may terminate or suspend your account, with or without notice, for material breach of these Terms, non-payment, fraud, or harm to BSG infrastructure or other customers.

Upon termination, sections of these Terms that by their nature should survive (including ownership, payment obligations, disclaimers, limitations of liability, and indemnification) will survive.

Disputes

Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Montana, United States, without regard to conflict-of-law principles.

Disputes arising out of or relating to these Terms or the Services will be resolved first through good-faith negotiation between the parties. If negotiation fails, disputes shall be resolved through binding arbitration in Helena, Montana, under the rules of the American Arbitration Association, with each party bearing its own attorney's fees and the parties splitting arbitration costs equally. Either party may seek injunctive relief in a court of competent jurisdiction without first proceeding to arbitration if necessary to protect intellectual property or confidential information.

Updates

Changes to These Terms

BSG may update these Terms from time to time. The "Last Updated" date will reflect changes. For material changes, BSG will notify active customers via email or in-app notification at least 30 days before changes take effect. Continued use of the Services after material changes constitutes acceptance of the updated Terms.

Contact

Contact

Questions about these Terms? Please contact:

Broadwater Systems Group LLC

62 Jack Farm Road

Townsend, MT 59644

[email protected]

406.241.2087