1. INTRODUCTION AND ACCEPTANCE OF TERMS

These Terms of Service ("Terms" or "Agreement") constitute a legally binding agreement that governs your access to and use of our website, services, applications, and all related features and functionalities (collectively, the "Services") provided by Incaendium Initiative Corporation, a Delaware Corporation doing business as “Sonic Fire Tech” ("Company", "we", "us", or "our").

By accessing or using our Services, creating an account, registering for our Sonic Alert App, or clicking any button indicating your acceptance (such as "I Accept," "Sign Up," or "Continue"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are entering into this Agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case "you" or "your" shall refer to such entity.

If you do not agree with any provision of these Terms, or if you do not have the authority to bind the entity you represent, you must not access or use the Services and should immediately discontinue any such use.

2. DEFINITIONS AND INTERPRETATION

For purposes of this Agreement, the following terms shall have the meanings set forth below:

a) "Account" means your registered user account for accessing and using the Services, including all associated data, settings, and usage history.

b) "Intellectual Property Rights" means all intellectual property rights worldwide, including but not limited to copyrights, trademarks, service marks, trade names, trade secrets, patents, database rights, and moral rights.

c) "Services" means our web-based platform and mobile app for controlling our fire defense systems and all related features, tools, functionalities, and ancillary services.

d) "User Content" means any and all data, information, text, files, images, or other content that you submit, upload, transmit, or otherwise provide to or through the Services.

e) "User" or "you" means the individual person or legal entity that has registered for and uses the Services under these Terms.

3. SERVICE DESCRIPTION AND MODIFICATIONS

a) Core Services. Our Services provide users with the ability to remotely monitor and control connected to the Company’s Sonic Fire Tech fire defense systems through the mobile application. This includes receiving device status updates, system alerts, and activity logs, as well as sending commands to initiate, pause, or adjust system functions. The Services are designed to enhance user safety, provide timely information, and ensure reliable operation of your fire defense devices.

b) Service Modifications. We reserve the right, in our sole discretion, to modify, update, enhance, suspend, or discontinue any aspect of the Services at any time, with or without prior notice to you, though we will make commercially reasonable efforts to provide advance notice of material changes that significantly impact functionality. Such modifications may include changes to features, user interfaces, technical requirements, or service availability.

c) Beta and Experimental Features. From time to time, we may offer beta, experimental, or preview features that are still in development or testing phases. These features are provided on an "as is" basis without warranties, may be subject to additional terms, and may be modified or discontinued at any time without notice.

4. USER ACCOUNTS AND REGISTRATION

a) Account Creation Requirements. To access and use certain features of the Services, you must create an account by providing accurate, current, and complete information as prompted by our registration forms. You represent and warrant that all registration information you submit is truthful, accurate, and complete, and you agree to maintain and update such information to ensure it remains accurate and complete throughout your use of the Services.

b) Account Security and Responsibility. You are solely responsible for maintaining the confidentiality and security of your account credentials, including your username, password, and any other authentication information. You are fully responsible for all activities that occur under your account, whether or not authorized by you. You agree to immediately notify us in writing of any unauthorized use of your account or any other breach of security that comes to your attention.

c) Eligible Users and Professional Use. You must be at least eighteen (18) years old and have the legal capacity to enter into binding contracts to use the Services. If you are using the Services on behalf of an organization, you must have the authority to bind that organization to these Terms.

5. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

a) Platform Ownership. We own and retain all right, title, and interest in and to the Services, including but not limited to our software, algorithms, artificial intelligence models, machine learning systems, user interfaces, databases, technology infrastructure, trademarks, service marks, logos, and all other intellectual property rights related to the platform. This Agreement does not transfer any ownership rights in our intellectual property to you.

b) User Content Ownership and License. You retain ownership of all intellectual property rights in your original User Content. However, by submitting User Content to the Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content solely for the purposes of providing the Services, generating AI-Generated Content, improving our algorithms and services, and performing our obligations under this Agreement.

c) Feedback and Suggestions. Any feedback, suggestions, ideas, enhancement requests, or other recommendations you provide regarding the Services ("Feedback") will be deemed non-confidential and non-proprietary. You hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we deem appropriate, without compensation or attribution to you.

d) License to Use Services. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services. This license does not permit you to sublicense, distribute, or make the Services available to third parties.

6. USER CONTENT AND ACCEPTABLE USE POLICY

a) User Content Responsibilities. You are solely responsible for all User Content that you submit, upload, transmit, or otherwise make available through the Services. You represent and warrant that you have all necessary rights, licenses, and permissions to submit your User Content and that such content does not violate any third-party rights or applicable laws. You further represent that your User Content is accurate and not misleading, defamatory, or harmful to any person or entity.

b) Prohibited Uses and Content. You agree not to use the Services for any unlawful purpose or in any manner that violates these Terms. Prohibited activities include, but are not limited to: submitting content that is defamatory, obscene, pornographic, or otherwise objectionable; infringing or violating any third-party intellectual property rights, privacy rights, or other proprietary rights; using the Services to distribute malware, viruses, or other harmful code; attempting to reverse engineer, decompile, disassemble, or otherwise derive the source code of our software or algorithms; using automated systems, bots, or scripts to access the Services without our express written authorization; and engaging in any activity that could harm, disable, overburden, or impair our servers or networks.

c) Content Monitoring and Removal. While we have no obligation to monitor User Content, we reserve the right, but not the duty, to review, screen, and remove any User Content that we determine, in our sole discretion, violates these Terms, is harmful to our business or reputation, or is otherwise objectionable. We may take such action without prior notice to you and without liability.

7. SUPPORT SERVICES AND SERVICE LEVELS

a) Customer Support. We provide customer support services during our standard business hours, which are defined as 9:00 AM to 6:00 PM Eastern Standard Time, Monday through Friday, excluding federal holidays and Company-designated holiday periods. Support is provided via email, and we will make commercially reasonable efforts to respond to support inquiries within two (2) business days.

b) Service Availability. While we strive to maintain high service availability, we do not guarantee that the Services will be available at all times or without interruption. The Services may be temporarily unavailable due to maintenance, updates, technical difficulties, or circumstances beyond our reasonable control. We will make reasonable efforts to provide advance notice of scheduled maintenance when practicable.

c) Support Limitations. Our support services do not include consulting, custom development, data analysis services, or training beyond standard product or app functionality. Support may be limited or suspended if your account is past due on payment obligations.

8. THIRD-PARTY INTEGRATIONS AND SERVICES

a) Third-Party Services. The Services may integrate with or provide access to third-party services, APIs, tools, or platforms (collectively, "Third-Party Services"). We are not responsible for the availability, functionality, security, or performance of any Third-Party Services. Your use of Third-Party Services is subject to the terms and conditions of those third parties, and you are solely responsible for reviewing and complying with such terms.

b) Third-Party Content and Links. The Services may contain links to third-party websites, content, or services. We do not endorse, warrant, or assume responsibility for any third-party content, and such links are provided solely for your convenience. You access third-party content at your own risk and subject to the terms and conditions of use for such content.

c) Data Sharing with Third Parties. We may share certain data with Third-Party Services as necessary to provide the Services, such as payment processing or technical infrastructure. Any such data sharing is governed by our Privacy Policy and the terms of our agreements with third-party service providers.

9. LIMITATION OF LIABILITY AND DISCLAIMERS

a) Disclaimer of Warranties. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

b) Limitation of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

c) Damage Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE THOUSAND DOLLARS ($1,000), WHICHEVER IS GREATER.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its affiliates, subsidiaries, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or relating to: your use or misuse of the Services; your violation of these Terms or any applicable law or regulation; your User Content or any content you submit through the Services; your violation of any third-party rights, including intellectual property, privacy, or publicity rights; and any negligent or wrongful conduct by you or anyone acting on your behalf. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

11. TERMINATION AND SUSPENSION

a) Termination by You. You may terminate your account and this Agreement at any time by following the account cancellation procedures available in your account settings or by providing written notice to us. Upon termination, your access to the Services will cease, but these Terms will continue to apply to your prior use of the Services.

b) Termination by Us. We may suspend or terminate your account and access to the Services immediately, with or without cause and with or without notice, if we determine in our sole discretion that you have violated these Terms, engaged in fraudulent or illegal activities, failed to pay applicable fees when due, or used the Services in a manner that may harm our business, reputation, or other users.

c) Effect of Termination. Upon termination of this Agreement for any reason, your right to access and use the Services will immediately cease. We may, but are not obligated to, delete your account data and User Content. However, certain provisions of these Terms, including those relating to intellectual property, indemnification, limitation of liability, and dispute resolution, will survive termination and continue to be binding upon you.

d) Data Retention and Return. Following termination, we may retain certain of your data as necessary for legal compliance, dispute resolution, or other legitimate business purposes as described in our Privacy Policy. Upon your written request made within thirty (30) days of termination, we will make commercially reasonable efforts to return or destroy your User Content, subject to technical and legal limitations.

12. DISPUTE RESOLUTION AND ARBITRATION

Any dispute, controversy, or claim arising from or relating to this Agreement, the Services, or our relationship with you, including disputes regarding the existence, validity, interpretation, performance, breach, or termination of this Agreement, shall be resolved exclusively through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules then in effect. The arbitration will be conducted by a single arbitrator selected in accordance with the American Arbitration Association's rules, and the arbitration proceedings will take place in Cuyahoga County, Ohio. The arbitrator's decision will be final and binding upon all parties, and judgment on the arbitration award may be entered in any court having jurisdiction. Each party will bear its own costs and expenses, including attorney's fees, unless the arbitrator determines otherwise. This arbitration agreement does not preclude either party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, and both parties waive any right to a jury trial and to participate in a class action lawsuit or class-wide arbitration.

13. GENERAL PROVISIONS

a) Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. Any arbitration proceedings shall take place in Cuyahoga County, Ohio as specified in Section 13. Any court proceedings for provisional remedies in aid of arbitration shall be brought in the state or federal courts located in Cuyahoga County, Ohio.

b) Modification of Terms. We reserve the right to modify or update these Terms at any time by posting revised Terms on our website or through the Services. Material changes will become effective thirty (30) days after posting, and non-material changes will become effective immediately upon posting. Your continued use of the Services after any such changes constitutes your acceptance of the revised Terms. If you do not agree to any modifications, you must discontinue use of the Services.

c) Severability and Waiver. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable. Our failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

d) Assignment and Transfer. You may not assign, transfer, or delegate any of your rights or obligations under this Agreement without our prior written consent, and any attempted assignment without such consent shall be null and void. We may freely assign or transfer this Agreement and our rights and obligations hereunder to any affiliate, subsidiary, or third party without restriction, including in connection with a merger, acquisition, sale of assets, or other business combination.

e) Entire Agreement and Integration. This Agreement, together with our Privacy Policy and any other terms specifically incorporated by reference, constitutes the entire agreement between you and us regarding the subject matter hereof and supersedes all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between the parties relating to such subject matter.

f) Independent Contractors. The relationship between you and us is that of independent contractors, and neither party is an agent, partner, or joint venturer of the other. Neither party has any right, power, or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.

g) Force Majeure. Neither party shall be liable for any failure or delay in performance under this Agreement which is due to circumstances beyond the reasonable control of such party, including but not limited to acts of God, war, terrorism, pandemic, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, or failure of the Internet or telecommunications infrastructure, provided that the affected party uses reasonable efforts to avoid or remove such causes of non-performance.

h) Export Control and Legal Compliance. The Services may be subject to export laws and regulations of the United States and other jurisdictions. You represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services, and you agree not to export, re-export, or transfer any products or technology received through the Services in violation of applicable export control laws.

i) Electronic Communications and Signatures. You consent to receive communications from us electronically, including via email or by posting notices on our website or through the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Electronic signatures shall have the same legal effect as handwritten signatures.

j) Language and Interpretation. This Agreement has been drafted in the English language, and the English version shall prevail over any translation. In interpreting this Agreement, headings are for convenience only and shall not affect interpretation, and the words "include," "includes," and "including" shall be deemed to be followed by the phrase "without limitation."

14. CONTACT INFORMATION AND NOTICES

All notices, requests, and other communications under this Agreement must be in writing and delivered to the addresses set forth below. Notices to you may be delivered via email to the address associated with your account or by posting on our website or through the Services.

For the Company:
Incaendium Initiative Corporation dba Sonic Fire Tech
Email: contact@sonicfiretech.com

Address: 2067 W 41^st Street, Cleveland, OH 44113

For You:
To the email address and contact information provided in your account registration.

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.