Terms of service

These Terms of Service apply to silarius.com, silariussecurity.com, the Silarius apps and every product, tool and service we offer through them. Please read them carefully. Section 22 contains an arbitration agreement and a class action waiver that affect how disputes are resolved.

Last updated: November 1, 2026

IMPORTANT NOTICE ABOUT DISPUTES: Unless you opt out within 30 days as explained in Section 22, you and Silarius agree that most disputes between us will be resolved by binding individual arbitration, not in court, and that you and Silarius each give up the right to a jury trial and to bring or join a class action. You can still bring an individual claim in small claims court.

1. Who we are and agreeing to these terms

Silarius LLC, a New Jersey limited liability company located at 1033 US Highway 46, Suite 204, Clifton, NJ 07013, United States ("Silarius", "we", "us" or "our"), operates silarius.com and silariussecurity.com (together, the "Sites"), the Silarius mobile apps (the "Apps") and the products, tools, software and services offered through them, including Silarius Cloud, AI video analytics, Silarius Live Monitoring, the Site Planner, the Apartment & Building Planner, the System Builder, the compatibility checker, kits and price estimators (together, the "Services").

You accept these Terms of Service, and the policies they include by reference, when you create an account, place an order, start a subscription, or submit a quote, plan or service request after being shown a notice that doing so means you agree to them. If you only browse the Sites, Sections 3, 10, 11 and 18 apply to that use, and Section 22 applies once you have accepted these Terms in one of the ways above. The policies included by reference are: our Privacy policy, Refund and return policy, Shipping policy, International shipping policy, Subscription and purchase options policy, Legal notice and Warranty (together, the "Terms"). The same Terms apply on both Sites and in the Apps, wherever a copy of a policy is shown. If you do not agree, do not use the Apps or Services, do not order and do not submit requests to us.

If you use the Services for a company or other organization, you agree to these Terms for that organization and confirm that you are authorized to do so; "you" then means both you and the organization.

If these Terms conflict with another policy, these Terms apply, except that the Privacy policy controls how we handle personal information and the Subscription and purchase options policy controls billing, renewal and cancellation of subscriptions. A separate written agreement signed by Silarius (for example a quote, contract or dealer agreement) controls over these Terms for the matters it covers.

2. Eligibility and accounts

You must be at least 18 years old and able to enter into a binding contract to buy from us or use the Services. The Sites are not directed to children.

You are responsible for keeping your account sign-in details confidential and for everything done through your account. Give us accurate information and keep it current. Tell us right away at info@silarius.com if you believe your account has been used without your permission. We may refuse, suspend or close accounts at our discretion, including for suspected fraud, abuse or a breach of these Terms.

3. Using the Sites

We give you a limited, personal, non-exclusive, non-transferable and revocable license to use the Sites, Apps and tools to research, plan and buy products and services from Silarius. You may not:

• copy, scrape, harvest, crawl or extract product data, prices, images, descriptions, catalogues or other content by automated means (bots, scrapers, spiders, price monitoring tools or similar), or use it to build or feed a competing catalogue, price comparison service or dataset, including for training artificial intelligence models;
• copy, modify, reverse engineer, decompile or create derivative works of the Sites, Apps, tools or their code, except as the law expressly allows;
• interfere with or disrupt the Sites, test their security, get around rate limits or security measures, or access them through any interface we do not provide;
• use the Sites to break any law, infringe anyone's rights, commit fraud, send spam, or upload malicious code;
• impersonate anyone, give false information, or use someone else's account or payment details;
• remove copyright, trademark or other notices; or
• use any Service to plan, carry out or hide unlawful surveillance, stalking, harassment or discrimination.

This license ends automatically if you break these Terms, and we may suspend or end your access at any time.

4. Product information, prices and availability

Product descriptions, specifications, compatibility details, images and documents largely come from manufacturers and distributors. We work to keep them accurate but do not promise that they are complete, current or error free, and manufacturers can change products without notice. Colors, sizes and images may differ from the actual product. Check the details that matter to your project before you buy, or ask us.

Prices, promotions and availability can change at any time without notice and may differ between our Sites, Apps, quotes and sales channels. A price shown in a planning tool, estimate, kit, cart, saved plan, shared link, email or quote is not a binding offer until we accept your order. Showing a product as available or "in stock" is not a promise that it is in stock at the time you order.

Errors in listings. Product information on the Sites is supplied largely by manufacturers and distributors and is loaded in bulk, and errors can occur. A listing may contain an error in price, quantity, pack size or unit of measure (for example, a single unit described as a multi-pack or case), description, specifications, images, model or part number, compatibility, availability, shipping charges or promotions (each, a "Listing Error"). Silarius is not bound by, and has no obligation to sell, ship or deliver any product on the terms shown in, a listing that contains a Listing Error. This applies whether or not the error is obvious, whether it came from Silarius, a manufacturer, a distributor or any other source, and even after we have sent an order confirmation, charged your payment method or shipped all or part of your order. A Listing Error never entitles you to receive more units, a different product, or a lower price than the correct listing provides.

If we find a Listing Error affecting your order, we will notify you and, at our option, either (a) cancel the affected item or order and refund the full amount you paid for it, including any shipping charges, taxes and card processing fees, or (b) offer you the product at the correct price, quantity or specification, which you may accept or decline. If you do not accept a corrected offer within the time stated in our notice, we will cancel and refund in full. If a product was shipped before we found the Listing Error, you may keep it, or return it unused within 30 days of delivery for a full refund using a return label we provide at our cost. A full refund, or a corrected order that you accept, is your sole and exclusive remedy for a Listing Error. To the fullest extent permitted by applicable law, Silarius is not liable for any difference between the listed and the correct price, quantity or product, the cost of buying replacement products elsewhere, lost profits, project delays, or any other direct, indirect, incidental or consequential loss arising from a Listing Error. We may correct any Listing Error at any time, with or without notice.

5. Orders, acceptance and cancellation by Silarius

Your order is an offer to buy. An order confirmation email only confirms that we received your order; we accept it when we ship the products or start the service. Shipping all or part of an order is not acceptance of any term affected by a Listing Error (Section 4). We may limit quantities and may refuse or cancel any order, in whole or in part, for any lawful reason, including product unavailability, pricing or information errors, suspected fraud, unauthorized resale, export or legal restrictions, or problems with payment or shipping details. If we cancel after you paid, we refund you in full.

Manufacturer price increases. We may cancel an order when a manufacturer raises its price and does not tell us in time. In that case we refund you in full, including card processing fees. We may change the price of any product at any time, at the sole discretion of the Silarius executive team, but a change does not affect an order we have already accepted except as stated in these Terms.

App discounts. Silarius app discounts apply only to products that cost $500 or less. If an app discount is applied to a product that costs more than $500, we may cancel the affected item or order and refund you in full, with no fees.

Discounts and sale periods. Discounts shown on our Sites are final and expire 30 days after the sale starts, unless the product page says otherwise. We accept customers' accumulated reward points on discounted products. Promotions cannot be combined unless we say so, have no cash value and may be withdrawn at any time.

Quotes. A quote is valid for the period stated on it (if no period is stated, we may update or withdraw it at any time before you accept it), is subject to product availability and manufacturer price changes, and becomes binding only when you accept it and we confirm your order.

6. Payment, taxes and fees

You authorize us and our payment processors to charge the payment method you provide for the order total, including applicable taxes, shipping and fees, and, for subscriptions, for each renewal as described in the Subscription and purchase options policy. You confirm you are authorized to use that payment method. Prices are in US dollars. You are responsible for sales, use and similar taxes unless you give us a valid exemption certificate before the order ships. The card processing fees described in our Return policy apply to the cancellations and returns described there. Business payment terms (Net 30 / PO) are available only as described in the Subscription and purchase options policy.

If you dispute a charge with your card issuer without first contacting us, we may suspend your account and the Services while the dispute is reviewed. Please contact us first; most issues can be fixed quickly.

7. Shipping, title and risk of loss

Shipping is described in our Shipping policy. Delivery dates are estimates, not guarantees. We ship under shipment contracts: to the extent the law allows, title and risk of loss pass to you when we deliver the products to the carrier. If you buy optional Silarius Package Protection, we refund or replace items lost, stolen or damaged in transit as described in our Shipping policy. Without it, we help you file a claim with the carrier. You are responsible for inspecting deliveries and reporting damage within the time our Shipping and Return policies state. Products that are defective, or that we sent by mistake, are always covered by our Refund and return policy and warranty.

8. Returns and warranty

Returns are governed by our Return policy. Silarius brand hardware carries the 3-year Silarius warranty described on our Warranty page (solar products excluded). Other products are covered only by their manufacturer's warranty, if any, which we will help you use. Silarius is not the manufacturer of third-party products and does not add its own warranty to them.

9. Planning tools, estimates and advice

Our Site Planner, Apartment & Building Planner, System Builder, compatibility checker, kits, price estimators, "Other brands" suggestions, camera coverage drawings, lens angles, storage and bandwidth calculations, product recommendations, chat answers and specialist reviews (together, "Planning Tools and Advice") are provided free of charge, for general information and convenience only. They are automated or general estimates based on the information you enter and on typical conditions. They are not engineering, architectural, electrical, fire-protection, life-safety, legal or other professional services, and they do not replace a site survey by a qualified professional.

• Coverage areas, fields of view, detection ranges, image detail, recording days, storage, bandwidth, power, cable lengths, part quantities and prices shown are approximate. Real results depend on the site, mounting, lighting, weather, obstructions, network and settings.
• Suggested parts, including brands chosen through "Other brands", are matched by automated rules from catalogue data. You are responsible for confirming that the parts you buy are compatible with each other and with your existing equipment, and that they are right for your needs. A review by a Silarius specialist is a courtesy check, not a guarantee.
• You are responsible for making sure that your system and its installation follow all applicable building, electrical, fire, life-safety, accessibility, privacy and other codes and laws, including rules for door locks and emergency exits (for example magnetic locks, request-to-exit devices and fire alarm release), and for obtaining any permits and landlord, association or owner approvals.
• Silarius does not sell or perform installation through these tools. If you hire an installer, that installer is responsible for the installation.

To the fullest extent the law allows, Silarius is not liable for any decision you make, or any loss that results, from relying on Planning Tools and Advice. Prices are confirmed only when you place an order or accept a quote.

10. Maps, addresses and other third-party services

Some Planning Tools show maps, satellite imagery and address search provided by third parties, which may include Google (Google Maps Platform), Esri and its data providers, and OpenStreetMap contributors. Your use of Google map content in our tools is subject to the Google Maps/Google Earth Additional Terms of Service and the Google Privacy Policy, and you agree to be bound by them. OpenStreetMap data is © OpenStreetMap contributors and available under the Open Database License. Map content belongs to its providers and is shown with their attribution; you may not copy, download, save, scrape or re-use it outside the tool.

Map imagery, property lines, addresses and search results may be out of date, incomplete or inaccurate. When you search an address, it is sent to the map provider to find it, as explained in our Privacy policy. You may plan only a property that you own, occupy or are authorized to plan, and you must not use our tools to plan surveillance of a neighbor's or other person's private areas or to look up information about other people. Third-party services are provided by those third parties under their own terms. We do not control them and are not responsible for their availability, content or practices.

11. Content you provide

When you upload, enter or send content to us, such as floor plans, drawings, photos, addresses, camera names, plan links, reviews, ratings, questions, chat messages, quote requests or other materials ("Your Content"), you keep ownership of it. You give Silarius a worldwide, non-exclusive, royalty-free license to use, copy, store, process and display Your Content to provide the Services, answer you, prepare quotes, fulfill orders and improve our tools, and, for reviews, ratings and testimonials you choose to publish, to display them on our Sites, Apps and marketing with your first name or display name.

You confirm that you have the rights needed to share Your Content, including any floor plans, drawings or images that belong to a landlord, architect, employer or other person, and that Your Content is accurate, lawful and does not infringe anyone's rights or include anyone else's personal information without a lawful basis. Floor plans you upload to our planners are processed in your browser and stay on your device unless you choose to send them to us. Do not send us passwords, payment card numbers or sensitive information we have not asked for. We may remove or refuse any content at our discretion. Reviews must reflect your genuine experience; we do not edit them to change their meaning and we may decline reviews that are unlawful, abusive, off-topic or include personal information.

If you send us ideas or suggestions, we may use them without any obligation to you.

12. Silarius Cloud and AI video analytics

The service. Silarius Cloud is a hosted service for recording, storing and viewing video from IP cameras, with optional AI analytics add-ons. It is provided with the help of third-party hosting, software and network providers. Plans, prices, bitrates, retention periods and add-ons are described on our Sites and in the Subscription and purchase options policy, which governs billing, renewal and cancellation. Silarius Cloud applies to supported IP cameras; existing third-party cameras may need a Silarius Cloud Gateway.

Availability. We work to keep Silarius Cloud available, but we do not promise that it will be uninterrupted, error free, secure from every threat, or that every video or event will be recorded, stored, delivered or detected. Recording depends on your cameras, power, internet connection, bandwidth, settings and third-party networks, and may be affected by maintenance, outages, updates and events outside our control. Unless a written service level agreement signed by Silarius says otherwise, there are no service credits or uptime commitments. You are responsible for keeping your own copies of any video you need, for example as evidence, and for downloading it before your retention period or subscription ends.

Your video. Video, audio, images, alerts and related data from your cameras ("Customer Video Data") belong to you. You decide what is recorded, where cameras point, who can access your account and how long data is kept. We and our providers process Customer Video Data only to provide, secure, maintain and support the Service, as you instruct, to prevent abuse, and as required by law. We do not sell Customer Video Data or use it for advertising. If we receive a subpoena, court order or other legal demand for Customer Video Data, we may disclose it as the law requires and, where allowed, will try to notify you first.

Your responsibilities as the operator. You are responsible for using cameras, audio, analytics and Customer Video Data lawfully, including: giving any notices, posting any signs and obtaining any consents required by law; not recording audio without the consents your state requires; not placing cameras where people have a reasonable expectation of privacy; following employee monitoring, landlord-tenant, association and similar rules; and following the laws that apply to biometric data and license plate data (Section 13). You confirm that you have the right to connect each camera and to share its video with us and our providers.

AI analytics are not perfect. AI features, such as person, vehicle, face, license plate, weapon, fire, smoke, PPE or behavior detection and search, use probability-based models. They can miss events and can produce false alerts, and their results must be checked by a person before you act on them. They must not be used as the sole basis for any decision with legal or similarly significant effects on a person (for example arrest, denial of entry or service, discipline or termination). AI fire, smoke and weapon detection are not life-safety systems: they do not replace a listed fire alarm or detection system, a monitored alarm system, emergency calls to 911 or your own emergency procedures.

Acceptable use. You may not use Silarius Cloud to record, store or share unlawful content, to monitor people unlawfully, to infringe anyone's rights, to overload or attack the Service, or to resell it without our written agreement. We may suspend or end the Service if you break these rules, if your account is unpaid, if required by law, or to protect the Service or others.

Apps and portals. Live viewing and playback may use web portals and mobile apps provided by our technology partners, which may have their own terms and privacy notices that also apply to your use of them.

13. Face recognition, biometrics and license plate recognition

If you use face recognition, fingerprint, face-based access control, or license plate recognition (LPR/ALPR) features or products, you are the business that collects and controls that data and you alone are responsible for complying with the laws that apply to it. These include biometric privacy laws such as the Illinois Biometric Information Privacy Act, the Texas Capture or Use of Biometric Identifier Act, Washington's biometric identifier law, New York City's biometric identifier law, the biometric and sensitive data provisions of state consumer privacy laws, and state and local laws on the use, sharing and retention of license plate data. Depending on where you are, these laws can require a written public policy, written notice, written consent or release before enrollment, limits on use and sharing, and retention and destruction schedules. Silarius processes such data only on your behalf and under your instructions, does not decide whose data is collected, and does not sell it. Before enabling face recognition or other biometric features, you will obtain each individual's informed written release that expressly covers collection, storage and processing by Silarius and its service providers on your behalf, and you will keep records of those releases. We may disable, or refuse to enable, face recognition or license plate recognition for any site or jurisdiction at our discretion. Do not enable these features until you have met these requirements. Section 20 (indemnification) applies to claims arising from your use of these features.

14. Silarius Live Monitoring

What it is. Silarius Live Monitoring is a remote video monitoring service. During the monitored hours you choose, trained operators, who may be employed by Silarius or by third-party monitoring providers that we engage and who may be located inside or outside the United States, view alerts and live video from your cameras and follow the response instructions you give us, which may include speaking through your talk-down speakers, contacting the people on your contact list and, when they judge it appropriate, contacting police or other emergency services. Plans, hours and prices are shown on our Sites; billing, notice and cancellation follow the Subscription and purchase options policy. The service starts only after we confirm your site, cameras and response instructions in onboarding.

What it is not. Unless Silarius agrees otherwise in a signed writing, Live Monitoring is not a burglar alarm, fire alarm or medical alert monitoring service, is not a UL-listed central station service, does not monitor alarm panels, sensors or life-safety devices, and is not a substitute for a licensed alarm system, insurance, on-site security guards or your own emergency procedures. Operators watch alerts and video, not your site in person.

No guarantee of results. Operators can only act on what your cameras show and on alerts they receive. Monitoring depends on your cameras, power, internet connection, analytics and third-party systems working. We do not guarantee that every event will be detected, viewed or responded to, any specific response time, that police or emergency services will respond, how quickly they will respond, or that monitoring will prevent any crime, loss, damage or injury. Many police departments require visual verification, permits or registration and charge fees for false alarms; obtaining permits and paying any fines or fees is your responsibility. Operators use their judgment, and decisions made in good faith under your instructions are not a breach of these Terms.

Your responsibilities. You must: give us accurate site details, addresses, camera names and a current contact and escalation list; keep cameras, speakers, power and internet working and tell us about changes, outages and test periods; make sure you have the right to monitor each camera and to let our operators view video and speak through speakers at the site; post any signs and give any notices the law requires for video monitoring and audio; and tell us before you schedule events, work or visitors during monitored hours. You authorize Silarius and its monitoring providers to access your cameras, live and recorded video, alerts and speakers to provide the service, and to share relevant video and information with police, emergency services, your contacts and insurers when responding to an incident.

Liability. You agree that Silarius is not an insurer, that the fees for Live Monitoring are based on the value of the service and not on the value of your property or the people at your site, and that it is impossible to know in advance the amount of any loss that may result from a failure of the service. For that reason, and to the fullest extent the law allows, Silarius's liability for any claim relating to Live Monitoring is limited as stated in Section 19, and you should carry your own insurance for losses at your site. To the extent the law allows, you waive, and will have your insurers waive, any right of subrogation against Silarius and its monitoring providers, and you will indemnify us against claims by third parties, including your insurers and people at your site, arising from any failure of the service, except to the extent caused by our gross negligence or willful misconduct.

15. Dealer and business accounts

Dealer accounts, dealer pricing, project pricing and business payment terms are offered only to businesses we approve, at our discretion, and may be changed, suspended or withdrawn at any time for future orders. Dealer pricing and any information in the dealer portal are confidential and may not be published or shared. Dealers buy products for their own use or resale and are responsible for their own installation work, warranties and promises to their customers, and for complying with the laws that apply to their business, including any licensing for installation or alarm work. A dealer is an independent business and is not an agent, franchisee or partner of Silarius, and may not make any promise or warranty on Silarius's behalf.

16. Software, firmware, downloads and apps

Software, firmware, apps, tools and documents available from our Sites, Download Center or Apps are licensed, not sold. Third-party software and firmware are subject to their makers' license terms. Silarius software is licensed to you for use with the products you bought from us, under any license terms shown with it and these Terms. Install firmware and software at your own risk, follow the instructions, and back up your settings and recordings first; an interrupted or wrong update can make a device unusable. Updates may change or remove features. You must not use software to get around security, licensing or region restrictions.

The Apps are distributed through the Apple App Store and Google Play. Your use of an App is also subject to the terms of the store you got it from. Apple and Google are not parties to these Terms, are not responsible for the Apps or their content, and have no obligation to provide maintenance or support for them. If you got an App from Apple's App Store, Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you as they relate to the App.

17. Communications and electronic records

You agree that we may send you notices, receipts, policies and other communications electronically, by email, in your account, in the Apps or on the Sites, and that electronic communications and records satisfy any legal requirement that they be in writing. When you place an order, request a quote, sign up for a service or contact us, you agree that we may contact you by email, phone or text message about that order, quote, service or request. We send marketing emails only as the law allows, and you can unsubscribe at any time. We send marketing text messages only if you have given express consent, which is not a condition of purchase; message and data rates may apply, and you can opt out by replying STOP or by telling us in any other reasonable way. Chat conversations and messages you send us may be stored and reviewed to answer you, keep records and improve our service, as described in our Privacy policy.

18. Intellectual property and brands

The Sites, Apps and tools, including their text, graphics, photos, videos, designs, code, data compilations and the Silarius names and logos, are owned by Silarius or its licensors and are protected by copyright, trademark and other laws. Except for the license in Section 3, no rights are granted to you. Other product names, brand names and logos belong to their owners and are used only to identify products we sell or to make factual comparisons; their use does not mean the owner sponsors, endorses or is affiliated with Silarius. Copyright complaints can be sent as described in our Legal notice. Where our products come from, how we set prices, how manufacturers send us MAP policies, and how brand owners can raise concerns are described in Section 3 of our Legal notice.

19. Disclaimers and limitation of liability

Disclaimer. EXCEPT FOR THE EXPRESS SILARIUS WARRANTY ON OUR WARRANTY PAGE AND ANY RIGHTS THAT CANNOT BE EXCLUDED BY LAW, THE SITES, APPS, PLANNING TOOLS AND ADVICE, CONTENT AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND SILARIUS AND ITS SUPPLIERS, SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SILARIUS DOES NOT WARRANT THAT ANY PRODUCT OR SERVICE WILL PREVENT OR DETECT ANY INTRUSION, THEFT, FIRE, INJURY OR OTHER LOSS, OR THAT THE SITES, APPS OR SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. This disclaimer does not apply to implied warranties on consumer products covered by a written Silarius warranty (such as Silarius brand hardware under our 3-year full warranty); those implied warranties are not disclaimed or limited. For other products sold to consumers, implied warranties that cannot be disclaimed are limited to 90 days where the law allows.

Limitation of liability. TO THE FULLEST EXTENT THE LAW ALLOWS: (a) SILARIUS AND ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS, SERVICE PROVIDERS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL OR DATA, LOSS OR CORRUPTION OF VIDEO, COST OF SUBSTITUTE GOODS OR SERVICES, PROPERTY LOSS, THEFT OR DAMAGE CAUSED BY OTHERS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SITES, APPS, PRODUCTS OR SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY; AND (b) SILARIUS'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITES, APPS, PRODUCTS OR SERVICES WILL NOT EXCEED THE GREATER OF (i) THE AMOUNT YOU PAID SILARIUS FOR THE PRODUCT OR SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (ii) ONE HUNDRED US DOLLARS ($100). For free Planning Tools and Advice, the limit in (b) is $100. These limits apply to every theory of liability, including contract, warranty, tort (including negligence), strict liability and statute, and they are an essential basis of our prices.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, such as liability for death or personal injury caused by our negligence, for fraud, or under consumer protection laws that cannot be waived.

20. Indemnification

To the extent the law allows, you will defend, indemnify and hold harmless Silarius and its members, managers, employees, agents, suppliers and service providers from and against any third-party claims, demands, fines, penalties, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your installation or use of any product or Service, including any recording, monitoring, audio, biometric, license plate or other data you collect; (b) your violation of any law or of anyone's privacy, publicity or other rights; (c) Your Content; (d) your instructions to our monitoring operators, or false alarm fees or permits at your site; or (e) your breach of these Terms. We may take control of the defense of any claim at our own cost, and you will cooperate with us. This section does not require you to indemnify us for our own negligence or misconduct where the law does not allow it.

21. Events outside our control

We are not responsible for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, severe weather, fire, flood, epidemics, war, terrorism, civil unrest, labor disputes, government actions, tariffs, sanctions or export rules, supplier or manufacturer failures, carrier delays, power, internet, hosting or telecommunications failures, and cyberattacks.

22. Dispute resolution, arbitration and class action waiver

Talk to us first. Most problems can be solved quickly. Before starting any claim, you agree to email a written description of your claim, your contact details and the relief you want to info@silarius.com (or mail it to the address in Section 1), and we will do the same with you. Both of us agree to try in good faith to resolve the dispute informally for 60 days before starting arbitration or a court case. Any time limit to bring a claim is paused during those 60 days.

Agreement to arbitrate. Except as stated below, you and Silarius agree that any dispute, claim or controversy arising out of or relating to these Terms, the Sites, Apps, products, Services, any order or advertising, or our relationship, including disputes about the scope or enforceability of this arbitration agreement (except that a court, not an arbitrator, decides any dispute about the class action waiver or the mass filings paragraph), will be resolved by final and binding arbitration before a neutral arbitrator, instead of in court before a judge or jury. This means you and Silarius are each giving up the right to sue in court and to have a judge or jury decide the dispute. Arbitration is more informal than a lawsuit, discovery is more limited, and court review of an arbitration award is limited, but an arbitrator can award the same individual damages and relief a court could award.

Rules and location. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules if you are a consumer, and under its Commercial Arbitration Rules if you bought for a business, as modified by this section (rules at adr.org). The Federal Arbitration Act governs this section. Unless we both agree otherwise, the arbitration will take place by video conference or, if an in-person hearing is required, in the county where you live if you are a consumer, or in Passaic County, New Jersey, if you are a business. For claims of $10,000 or less, the arbitration will be decided on written submissions unless the arbitrator decides a hearing is needed. Fees are paid as the AAA rules provide; for consumer claims, Silarius will pay the filing, administration and arbitrator fees the AAA rules require a business to pay.

Exceptions. Either of us may (a) bring an individual claim in small claims court if it qualifies and stays there, and (b) ask a court for an injunction to stop infringement or misuse of intellectual property, unauthorized scraping or access to the Sites, or a breach of confidentiality, while the rest of the dispute is arbitrated.

Class action and jury trial waiver. YOU AND SILARIUS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator may award relief only to the individual party seeking it and only to the extent needed for that party's individual claim, and may not consolidate claims of more than one person. If a court decides that this waiver is unenforceable for a particular claim or remedy, that claim or remedy (and only that one) will be decided in court after the arbitration of the other claims, and this arbitration agreement will not apply to it. To the extent any claim proceeds in court, you and Silarius each waive the right to a jury trial, to the extent the law allows.

Mass filings. If 25 or more similar demands for arbitration are filed against Silarius by or with the help of the same or coordinated counsel, the AAA Mass Arbitration Supplementary Rules apply, and the parties will cooperate in good faith to resolve the demands efficiently, including through mediation and bellwether proceedings.

Your right to opt out. You can reject this arbitration agreement by emailing info@silarius.com with the subject "Arbitration opt-out", your name, address and the email used with your account or order, and a clear statement that you reject arbitration, within 30 days after you first accept these Terms. Opting out does not affect any other part of these Terms. If we make a material change to this section, you may reject that change within 30 days after it takes effect.

Courts. Any claim that is not arbitrated will be brought only in the state courts located in Passaic County, New Jersey, or the United States District Court for the District of New Jersey, and you and Silarius consent to the jurisdiction of those courts, except that a consumer may also bring a claim in the courts of the county where the consumer lives where the law gives that right.

Time limit. To the extent the law allows, any claim must be brought within one year after it arises, or it is permanently barred. This does not shorten any period the law does not allow to be shortened for consumers.

23. Governing law

These Terms and any dispute between us are governed by the laws of the State of New Jersey and applicable United States federal law, without regard to conflict of law rules, except that the Federal Arbitration Act governs Section 22. The United Nations Convention on Contracts for the International Sale of Goods does not apply. If you are a consumer, this does not take away the protection of mandatory consumer laws of the place where you live.

24. Notices for residents of certain states

New Jersey residents. If you are a New Jersey consumer, the following do not apply to you: (a) the exclusion of incidental, consequential and punitive damages and the dollar cap in Section 19, as they apply to claims for our negligence, gross negligence, willful misconduct or violation of the New Jersey Consumer Fraud Act; (b) the final paragraph of Section 9 and the Liability paragraph of Section 14, to the same extent; (c) Section 20, to the extent it would require you to indemnify us for our own negligence or misconduct; and (d) the one-year time limit in Section 22. All other provisions apply to you.

California residents. Under California Civil Code Section 1789.3, California users are entitled to this notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs can be reached in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. California residents may also have rights described in our Privacy policy.

Other states. If you live outside New Jersey and a court finds that a provision of Section 19, 20 or 22 cannot be enforced against you under your state's law, that provision is limited only as much as needed and the rest of these Terms continues to apply.

25. Export and lawful use

You agree to follow all export control and sanctions laws and the product-specific rules in our Legal notice, including the rules for FCC Covered List equipment, radio licenses, signal boosters, drones, batteries and NDAA statements. We may cancel any order we believe would break those rules.

26. General terms

Changes. We may update these Terms from time to time. The updated version applies from the date shown at the top for use of the Sites and for orders placed after that date; orders already accepted are governed by the Terms in force when you placed them, except for changes required by law. If you keep using the Sites or Services after a change, you accept the updated Terms. We will give advance notice of material changes to paid subscriptions as described in the Subscription and purchase options policy.

Termination. We may suspend or end your access to the Sites, Apps or Services at any time if you break these Terms or if required by law. Sections that by their nature should continue (including Sections 4, 9 to 14, and 18 to 26) continue after termination.

Whole agreement and severability. These Terms, together with the policies they include and any order or written agreement signed by Silarius, are the entire agreement between you and Silarius about their subject. If any provision is found invalid or unenforceable, it will be enforced to the maximum extent allowed and the rest of these Terms will remain in effect. Our failure to enforce a provision is not a waiver. Headings are for convenience only, and "including" means "including without limitation".

Assignment. You may not assign or transfer these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets. There are no third-party beneficiaries except as stated in Section 16.

Relationship. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship.

27. Contact

Silarius LLC, 1033 US Highway 46, Suite 204, Clifton, NJ 07013, United States. Email info@silarius.com or call 1-833-SILARIUS (1-833-745-2748), Monday to Friday, 8am to 4pm Eastern. Except where these Terms or our policies allow email alone (including the dispute notice and arbitration opt-out in Section 22, privacy requests and subscription cancellations), formal legal notices to Silarius must be sent by email and by mail to this address, marked "Attention: Legal".