TERMS OF SERVICE

INDUSTRY CORPS

Updated: February 4, 2025

1. Scope of Services

Industry Corps ("IC") provides industrial hardware and data pipeline solutions that integrate with computerized maintenance management systems (CMMS), such as MaintainX. IC does not provide, maintain, or warrant CMMS software. IC's responsibilities are limited to the hardware and associated data connections as outlined in the relevant Statement of Work (SOW).

2. Hardware Warranty & Liability

• All hardware provided by IC is covered solely by the respective manufacturers’ warranties. IC does not extend or modify these warranties unless explicitly stated in an SOW (e.g., extended warranty agreements).
• IC will facilitate Return Merchandise Authorizations (RMAs) on behalf of the customer for covered hardware under manufacturer warranties.
• Any assemblies manufactured or assembled by IC, such as industrial gateway panels, are warranted for five (5) years against damage to internal components, provided that:
  • The customer follows IC-provided installation guidelines.
  • The equipment is not subjected to conditions exceeding rated specifications (e.g., temperature, humidity, voltage).

3. Installation & Workmanship Warranty

• IC warrants its installation workmanship to the extent that it follows the customer's installation procedures and site-specific safety protocols.
• IC is not responsible for failures or damage caused by:
  • Improper installation by non-IC personnel.
  • Customer modifications or misuse of hardware.
  • Exposure to environmental conditions beyond manufacturer specifications.
• IC assumes no responsibility for electrical work beyond standard plug-in installations. Any high-voltage work (e.g., hardwiring a 120V connection) must be performed by qualified customer personnel.

4. Return Merchandise Authorization (RMA) Processing

• Customers experiencing hardware failures covered under the manufacturer’s warranty must submit an RMA request through IC.
• IC will coordinate warranty claims with the hardware manufacturer and provide status updates.
• IC does not assume liability for manufacturer warranty rejections, delays, or repair outcomes.

5. Limitation of Liability

• IC’s liability is strictly limited to the services and hardware explicitly provided under the agreed SOW. IC shall not be held liable for:
  • Any software-related issues within MaintainX or other CMMS platforms.
  • Business losses due to misconfiguration, misuse, or misinterpretation of sensor data.
  • Indirect, consequential, or incidental damages arising from hardware use.
• IC’s total liability for claims arising under these Terms shall not exceed the amount paid by the customer for the affected service or hardware.

6. Indemnification

• Customers agree to indemnify and hold harmless IC from any claims, liabilities, or damages arising from:
  • Misuse, unauthorized modifications, or improper installation of hardware.
  • Reliance on sensor data for operational decision-making.
  • Third-party actions related to the customer's use of IC-provided equipment.

7. Service-Level Expectations & Disclaimers

• IC is responsible for ensuring that sensors and gateways transmit data to the CMMS platform as intended. However, IC does not:
  • Guarantee uninterrupted data transmission due to factors outside its control (e.g., cellular network issues, customer firewall settings).
  • Perform data analysis, alert configuration, or automation setup within CMMS platforms (these are the customer’s responsibility).
• IC does not provide real-time monitoring or emergency response services. Customers are responsible for setting up alerts and actions within their CMMS.

8. Amendments & Governing Law

• IC reserves the right to update these Terms as needed, with prior notice to customers.
• These Terms shall be governed and construed in accordance with the laws of California.

9. Acceptance of Terms

By purchasing or using IC’s services and hardware, the customer acknowledges and agrees to these Terms of Service.