Terms of Service

Terms & Conditions

(Effective: January 20, 2026)

1. Scope and Applicability

These Terms and Conditions (“Terms”) apply to all products and services provided by Automated Living, Inc. (“Automated Living”) to the Client (“Client”), including equipment sales, devices, materials, consultation, installation, setup, configuration, programming, support, and troubleshooting—whether performed on-site, remotely, or through product-only transactions.
By requesting service, purchasing products, approving a proposal, or scheduling work, the Client agrees to these Terms.

2. Definitions

For clarity in these Terms:

“Products” means equipment, devices, materials, hardware, parts, or accessories sold, supplied, or provided by Automated Living, whether purchased independently or as part of an installation or service.
“Client-Supplied Equipment” means any device, material, or system not purchased through Automated Living.
“Third-Party Services” means cloud platforms, software, apps, APIs, or vendor systems that Automated Living does not own or control.
“Delivery” means equipment or materials that are shipped, handed over, brought on-site, or otherwise placed under Client control.
“Completion” means the point at which the substantial majority of the agreed-upon installation, configuration, or service work has been performed and the system is functional for its intended use, even if minor adjustments or follow-up items remain.
“Proposal” includes any written description of services, materials, or pricing provided by Automated Living.

3. Independent Contractor

Automated Living provides services as an independent contractor. Nothing in these Terms creates a partnership, employment relationship, fiduciary duty, or agency relationship. Automated Living is not a licensed electrical contractor, low-voltage contractor, or general contractor, and does not perform work requiring such licensure.

4. Site Readiness

Client is responsible for:

Safe, unobstructed, and timely access
Completion of electrical, network, structural, or construction work by others
Working internet, power, and environmental conditions
Availability of required credentials
If technicians cannot proceed due to site conditions, incomplete work by others, missing credentials, or access issues, wait time may be billed at standard labor rates.

5. Equipment Purchases and Risk of Loss

5.1 Ownership

Products purchased through Automated Living remain Automated Living’s property until fully paid.

5.2 Responsibility After Delivery

Once Products are delivered, staged, or placed under Client control, Client assumes responsibility for loss, theft, damage, electrical events, environmental exposure, or mishandling—regardless of payment status.

5.3 Product Substitutions

If specified Products become unavailable, discontinued, delayed, or excessively backordered, Automated Living may substitute equivalent or higher-performing Products at its discretion.

5.4 Manufacturer Issues

Automated Living is not the manufacturer of any Products. Firmware issues, defects, recalls, bricking during updates, electrical failures, or rare catastrophic failures are manufacturer responsibilities. Automated Living may assist with warranty claims as a billable service.

6. Equipment Storage

Automated Living will store purchased Products for up to 30 days at no cost. After 30 days, responsibility for loss, theft, or damage transfers to Client, and storage fees may apply.

7. Client-Supplied Equipment and Pre-Existing Systems

Automated Living will attempt to work with Client-Supplied Equipment or pre-existing systems, but cannot guarantee:

Compatibility
Performance
Stability
Integration
Firmware reliability
Extra labor required to troubleshoot or modify such systems is billable.

8. Software, Cloud Services & Third-Party Platforms

Automated Living cannot guarantee:

Platform uptime
Access to accounts (passwords, MFA, subscriptions)
Feature continuity or vendor policy decisions
Data retention or recordings
API, automation, or app reliability
Client is responsible for account security, subscription renewals, and cloud storage capacity.

9. Personal Information

Automated Living may access limited personal information only to deliver services, support Products, communicate with the Client, or send scheduling, billing, service, or infrequent marketing messages.
Automated Living:

Does not sell personal information
Uses personal information only for service delivery or communication
Processes information in a manner consistent with applicable law
This does not prevent Automated Living from referencing projects or clients in a general, non-identifying manner. Client is responsible for compliance with privacy, recording, and data retention laws.

10. 90-Day Installation Warranty

Automated Living warrants its installation labor for 90 days from Completion.
This covers workmanship only. It does not cover:

Product failures
Network instability
Environmental issues
Modifications by others
Firmware, cloud, or software failures
All implied warranties (including merchantability or fitness for a particular purpose) are disclaimed to the fullest extent permitted by law.

11. Product Warranty Disclaimer

All Products are sold as-is and are covered solely by the manufacturer’s warranty, if any.
Automated Living provides no additional Product warranties, express or implied, including merchantability, fitness for a particular purpose, or long-term performance.
Manufacturer warranty claims must be submitted directly to the manufacturer. Automated Living may assist with claims at standard billable rates.

12. Monitoring and Ongoing Maintenance

Unless explicitly stated in writing, Automated Living does not provide:

Active system monitoring
Health checks or uptime supervision
Footage or alert review
Data audit or retention oversight
Ongoing system supervision
Client is responsible for ongoing monitoring, observation, and management.

13. Information Management / Data Governance Disclaimer

Automated Living does not provide legal, regulatory, compliance, records management, or formal data governance services unless expressly agreed in writing. This includes, without limitation: data classification, retention policies, deletion schedules, audit readiness, privacy program management, security policy development, regulatory compliance (including but not limited to CCPA/CPRA, HIPAA, PCI, or similar), eDiscovery readiness, or documented governance procedures.
If Automated Living provides suggestions, best practices, or guidance relating to data handling, backups, account structure, permissions, storage, retention, or related topics, such guidance is provided solely as informal technical advice and does not constitute professional legal or compliance advice. Client remains solely responsible for determining, implementing, and maintaining appropriate information management, data governance, and compliance practices, including the selection of qualified legal counsel or compliance professionals.
Automated Living shall have no liability for the Client’s (or any third party’s) data governance decisions, retention practices, deletion practices, access controls, compliance obligations, or outcomes arising from implementation or reliance on any advice, configuration, or recommendation.
Client agrees to indemnify and hold harmless Automated Living from claims, penalties, disputes, or damages arising from Client’s data governance, retention, privacy, or information management decisions and obligations.

14. Expenses and Reimbursements

14.1 Pre-Approved Purchases

Major equipment purchases require Client approval.

14.2 Incidental Expenses

Reasonable incidental expenses (parking, tolls, shipping, disposal fees, emergency procurement) may be billed without separate approval.

15. Changes & Additional Work

Delays caused by others, unavailable credentials, site issues, or additional labor required to address work performed by other vendors may result in additional billable time.

16. Withholding Access

Automated Living may withhold system access, administrator credentials, or remote login rights until outstanding invoices are paid in full.

17. Automated Living Is Not an Insurer

Automated Living is not an insurer. No system guaranteed to prevent loss, theft, water damage, fire, or other events. Client assumes all risk outside the limits of these Terms and is responsible for maintaining adequate insurance, including property, builders-risk, and general liability.

18. Limitation of Liability

To the maximum extent permitted by law:

Automated Living is not liable for consequential, incidental, punitive, or indirect damages.
Automated Living is not responsible for failures of Products, cloud platforms, software, firmware, APIs, or vendor systems.
Automated Living’s total liability is capped at the amount paid for the specific service giving rise to the claim.

19. Indemnification

Client agrees to indemnify, defend, and hold harmless Automated Living from claims arising out of:

Product or equipment failures
Work performed by others
Client-Supplied Equipment
Camera/microphone placement or recording practices
Credentials, access, and user permissions
Environmental factors
System misuse or modification
Data, footage, or audio disputes
Client’s compliance with laws

20. Payment Terms

Invoices are due within thirty (30) calendar days. Past-due balances may accrue interest at 3% per month. Automated Living may suspend work or withhold access until payment is received.

21. Notices

21.1 From Automated Living

Notices are effective when sent via email, SMS, messaging apps, postal mail, or project platforms.

21.2 From Client

Notices are effective upon actual receipt by Automated Living.

22. Mediation & Arbitration

22.1 Mediation

Automated Living may elect mediation at its discretion. Either party may have legal representation.

22.2 Scope of Arbitration

In accordance with California SB 82 (effective January 1, 2026), any agreement to arbitrate is limited to claims arising out of and relating strictly to the specific Products or Services provided under this Agreement. Claims or disputes unrelated to this specific transaction shall not be subject to this arbitration provision.

22.3 Venue and Choice of Law

As required by California Civil Code Section 1799.208 (SB 940), for claims arising in California, arbitration shall take place in Los Angeles County, California, and shall be governed by California substantive law. Any provision requiring arbitration outside of California or under the law of another state is voidable at the Client’s discretion.

22.4 Small Claims Court Option

Notwithstanding Section 22.2, either party retains the right to resolve qualifying disputes in Small Claims Court, even if arbitration is otherwise mandated.

22.5 Discovery Rights

Parties shall have the right to discovery, including depositions and subpoenas, to the same extent permitted in a non-limited civil case in California Superior Court, subject to the arbitrator’s oversight and approval (California Code of Civil Procedure § 1283.05).

22.6 Attorney’s Fees

The prevailing party may recover reasonable attorney’s fees and costs. Per California law, a Client successfully enforcing their rights to void an non-compliant arbitration provision may be awarded reasonable attorney's fees.

23. Governing Law

California law governs these Terms. Arbitration venue is Los Angeles County, California.

24. Termination

Either party may terminate services with notice. Client remains responsible for outstanding charges, equipment costs, and expenses. Sections relating to payment, liability, and dispute resolution survive termination.

25. Assignment

Client may not assign rights or obligations without Automated Living’s written consent.

26. Force Majeure

Automated Living is not liable for delays caused by events beyond its control, including weather, natural disasters, supply shortages, transportation delays, illness, government actions, or vendor outages.

27. Severability

If any provision is invalid, remaining provisions continue in full force. The invalid section will be enforced to the extent permitted.

28. Pricing & Proposal Validity

Pricing is subject to change until materials are purchased. Market changes, shipping increases, tariffs, or product availability may affect final pricing.

29. Entire Agreement

These Terms—together with written addendums, proposals, project summaries, or supplemental agreements—constitute the full agreement unless replaced by a newer written agreement signed by Automated Living.