Rental of equipment from or provision of services by TID SYSTEMS LLC

Last updated February 1st, 2025

This agreement includes an indemnification clause, a class action and limitations of TID SYSTEMS’ liability. By accepting the Project Proposal, delivery of the Equipment or Services (defined below) or making payment(s) to TID SYSTEMS , the Customer agrees to be bound by the Rental and Service Terms and the Terms and Conditions Regarding Electronic Communications that are made available by TID SYSTEMS.

DEFINITIONS

“Agreement” means the Reservation Details (as defined below), together with the Project Proposal and any associated Rental and Service Agreement (as defined below), including these Rental and Service Terms which are incorporated by reference therein.

“TID SYSTEMS” means TID SYSTEMS LLC

“Equipment” -means any one or more of the MY LOT DEFENDER items identified as rentals items in the Project Proposal and any accessories, attachments or other similar items delivered to Customer and outlined in the Project Proposal.

“OWNERSHIP”: The Equipment is and shall remain the exclusive property of TID SYSTEMS

“Customer” means the person or entity identified in the Project Proposal or any representative, agent, officer or employee of Customer.

Office Address: means TID SYSTEMS address where the company operates its daily operations

Rental and Service Agreement” means the agreement made between Customer and TID SYSTEMS for TID SYSTEMS to rent Equipment and/or provided Services, whether that Agreement is made in person at the Office Location, online, or at the time of Equipment delivery, and which incorporates by reference these Rental and Service Terms and which identifies the Equipment to be rented by Customer. The Agreement incorporates these Rental and Service Terms by reference.

“Rental Period” means the period of time between the “Rental Out” and “Pick up” set forth on the Project Proposal, except that the Rental Period may terminate earlier as provided in Section -of “Default”.

“Reservation Details” -means the Equipment, MY LOT DEFENDOR, Rental Period, delivery information, payment information, price, and other information set forth in the Project Proposal, Delivery Summary or the Rental Lease Agreement, as the case may be.

“Service or Services” means delivery, pick up and repair of the MY LOT DEFENDER” and other services provided by TID SYSTEMS in connection with the rental of MY LOT DEFENDER”

RISK OF LOSS: The risk of loss of Rental or Equipment will pass to the CUSTOMER upon delivery, installation, and configuration of it.

AUTHORITY TO SIGN

Any individual signing the Lease Agreement, Project Proposal, Delivery Order and represents and warrants that he or she has the authority to lease the Equipment and is of legal age. 

INDEMNIFICATION

TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER SHALL INDEMNIFY AND HOLD HARMLESS TID SYSTEMS ITS OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES AND AGENTS FROM AGAINTS ANY AMD ALL COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES FOR ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT ARBITRATION AND OTHER DISPUTE RESOLUTION COST CAUSED BY THE WILLFUL MISCONDUCT OR NEGLIGENT ACTS OR OMMISSIONS OF TID SYSTEMS OR TID SYSTEMS OFFICERS, DIRECTORS, PARTNERS , AND EMPLOYEES WITH RESPECT TO THIS AGREEMENT AND THE SERVICES PROVIDED HEREUNDER. 

CONDITION OF EQUIPMENT

Customer acknowledges that Customer has inspected the Equipment upon delivery, and by signing off on delivery acknowledges that the Equipment is in good and acceptable condition and suitable for Customer’s needs. 

SUPPORT AND MAINTENANCE SERVICES

TID SYSTEMS shall provide the following maintenance and support services to the Customer:

Transportation and Handling

• Transport units to and from the site address.
• Assume responsibility for any damage incurred during transportation.

Installation and Setup

• Install and set up units according to the provided site layout.
• Coordinate with the Lessee to ensure proper placement.
• Ensure full equipment functionality after installation/setup.
• Review the equipment operation with the Lessee before project handover.

Training and System Access

• Provide a comprehensive system overview training.
• Instruct and assist with the setup of the mobile application.
• Register authorized project users for remote footage access.
• Register up to 10 users for live viewing via the mobile application.

Technical Support

• Assist with technical issues or difficulties.
• Support the Customer in downloading video footage for submission to law enforcement if required.

Preventive Maintenance

• Perform preventive maintenance during the lease term, as deemed necessary by the Lessor.
• Maintenance includes:
• Cleaning all lenses.
• Conducting a full hardware system check.
• Inspecting and replacing seals to prevent water damage.

Repairs and Replacements

• Repair or replace, free of charge, any defective parts resulting from hardware failure.
• This excludes damage caused by human negligence of the Lessee's personnel or subcontractors.

LIMITATION OF LIABILITY

In no event shall TID SYSTEMS be liable or responsible to CUSTOMER or any other party for (A) any loss, damage or injury caused by, resulting from or in any way connected with the EQUIPMENT, its operations or its use, or SERVICES (B) TID SYSTEMS failure to deliver the EQUIPMENT as required hereunder or TID SYSTEMS’ failure to repair or replace non-working Equipment. (C) any incidental, consequential, punitive or special damages, including damages resulting from the delay to any ongoing projects, in connection with this Agreement or its subject matter under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, product liability, and/or software liability even if so advised of the possibility of such damages, if such damages were otherwise foreseeable, and notwithstanding the failure of any agreed or other remedy of its essential purpose; (D) any civil penalties regarding compliance with any Federal, State or Local law or regulation related to use of the Equipment and any attorney fees and costs for any private enforcer pursuing such civil penalties; or (E) any liquidated damages (F) The equipment rented and serviced by TID SYSTEMS does NOT cause and cannot eliminate occurrences of the events they are intended to detect or avert, including, but not limited to BURGLARIES, FIRE, FLOODS, ROBBERIES

CUSTOMER RESPONSABILITIES

(A) Provide TID SYSTEMS with the information and the documentation TID SYSTEMS requests to process the invoices (B) Commercial general liability insurance (“CGL”) with limits of insurance not less than $1 million per occurrence and $2 million in the aggregate (C) Keep and maintain the Equipment clean and in good working order. (D) Property insurance for the full replacement cost of the Equipment, including coverages for all risks of loss or damage of the Equipment if it’s damaged by Customer’s team or any third party working on the project site or within Customer’s network of companies involved in the project. Any deductibles or self- insured retentions hall be the sole responsibility of the Customer. Customers shall provide TID SYSTEMS with documented proof of all required insurance coverage. (E ) Customer shall be responsible for all damage not caused from ordinary wear and tear. “Ordinary wear and tear” shall mean only the normal deterioration of the equipment caused by ordinary, reasonable and proper use of the equipment. Damage which is not “ordinary wear and tear” includes, but is not limited to: damage due to overturning, breakage; improper use; abuse; disruption to power supply through damage or neglect; unauthorized movement of equipment – outside of the project boundaries; (F) Customer shall notify TID SYSTEMS within twenty -four- hours (24) hours if it is a critical failure of the equipment. 

COMPLIANCE WITH LAWS/USE OF EQUIPMENT

Customer agrees not to use or allow anyone to use the equipment for any illegal purpose or in any illegal manner or in an unsafe manner. Customer agrees at his sole cost and expense to comply with all municipal, county, state and federal laws, ordinances and regulations which may apply to the use of the equipment during the rental period.

MAINTENANCE, DAMAGE AND LOSS

(A) TID SYSTEMS shall repair and provide maintenance of the equipment during the Lease Term. In the event of damage to or loss of or destruction of the Hardware, Lessee shall reasonably notify the Lessor withing 24 hours of the event.

MALFUNCTIONING EQUIPMENT

Should the Equipment be involved in an accident, become unsafe, malfunction or require repair, Customer shall immediately cease using the Equipment and notify TID SYSTEMS within twenty- four- hours ( 24) hours. If such condition is the result of normal operation, TID SYSTEMS will repair or replace the Equipment with reasonably similar Equipment in working order, if such replacement Equipment is available. TID SYSTEMS has no obligation to repair or replace Equipment rendered inoperable by misuse, abuse or neglect. Customer’s sole remedy for any failure or defect in Equipment shall be the termination of any rental charges accruing after the time of failure. Customer must call TID SYSTEMS at 775-360-5856 to schedule pick up from the time of defect in order to terminate rental charges. 

CONFIDENTIALITY/SECURITY/INTERRUPTION

(A) The parties acknowledge and agree that all Equipment, Services, Rental provided by one party to the other party under this Agreement are considered “TRADE SECRET, PROPRIETARY, AND CONFIDENTILA INFORMATION of the disclosing party. The receiving party, therefore, agrees that the receiving party shall exercise due care to prevent disclosure of the disclosing party ‘s Confidential information to any unauthorized persons or entities. (B) The data transmitted through the Internet can never be guaranteed and the Customer therefore agrees (i) that TID SYSTEMS and its representatives are not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data, and (ii) to be responsible for maintaining the security of any password, user ID, or other form of involved in obtaining access to password protected or secure areas of the Equipment, Service or Rental (C) Customer acknowledges that the services may be unavailable or interrupted from time to time for a variety of reasons, such as environmental or topographic conditions and other things, may of which be beyond TID SYSTEMS control. Services might also not be available in certain places. TID SYTEMS is not responsible for any damages and/or interruptions of the Services.

RENTAL PERIDOD/ CALCULATION OF CHARGES

Rental charges commence when the Equipment is delivered and configured by TID SYSTEMS onsite and end when the Equipment is picked up by TID SYSTEMS. Pick-up and delivery by TID SYSTEMS is subject to a “Delivery and Pick-up Service Charge,” the amount(s) of $6/per mile over 50 miles from TID SYSTEMS main address at 780 Smithridge Dr Ste 250, Reno, NV 89502. Rental charges do not include the cost of any applicable Taxes all applicable state, county, and city taxes; the Delivery and Pickup Service Charge, if any and disclosed on the Project Proposal. Additionally, TID SYSTEMS shall invoice Customer for any additional excess cleaning or repair costs, including (A) removal of any alterations made by Customer to the Equipment; (B) restoration of the Equipment to its original configuration; (c) or any damage that is not of the regular wear and tear use. 

DEPOSIT AND PAYMENT

All amounts due hereunder shall be payable in full upon receipt of invoice by Customer. Customers acknowledge that timely payment of rental and service charges is essential to TID SYSTEMS’ business operations and it would be impractical and extremely difficult to fix the actual damages caused by late payment ( A) Standard payment terms are NET thirty (30) days after Customer receipt of the TID SYSTEMS invoice. As long as the Customer makes payment in full for all invoices before the day it is due, or on the due date, no interest will be charge to Customer’s account. (B) All payments shall be made in U.S. Dollars to TID SYSTEMS. (C) For any payments made with a credit card, the invoice shall include a credit card processing fee of 4% of the total invoice. (D) All invoices and supporting documents required are transmitted directly to the designated Customer’s accounting department disclosed at the time of signing and accepting the Estimate Proposal. (E ) If payment terms are not met, in addition to its legal rights, TID SYSTEMS may (i) defer or cancel, at its option further RENTAL or SERVICES, and (ii) and charge the Customer interest at 5 % per month (iii) Customer will pay all TID SYTEMS’ costs, including attorney’s fees and courts costs, incurred in connection with the collection of past due amounts from the Customer. Nothing herein shall be interpreted to prevent TID SYSTEMS from claiming, filing, or enforcing any lines when rights thereto arise from Customer failure to pay TID SYSTEMS in breach of this Agreement and for all equipment and equipment servicing is perpetual while equipment is in the Customer possession. (F) Rental rates do not include sales tax, goods and services tax or other taxes, levies and assessments required to be collected by TID SYSEMS from Customer at any time upon, or in respect of, the Equipment and/or the Agreement (collectively, “Taxes”). 

DISPUTED INVOICES

For TID SYSTEMS to consider a disputed invoice, Customer must send notice at

[email protected] within five (5) days of the invoice delivery date. In the event of a disputed or contested invoice, all portions of the invoice, both the disputed and undisputed amounts, must be paid in a timely manner. If TID SYSTEMS believes the disputed amount is valid, it shall either refund the amount to Customer or credit the Customer’s account. If a dispute remains unresolved within thirty (30) days of written notice of dispute, TID SYSTEMS may place all services on hold until the dispute is resolved.

VIDEO MONITORING SERVICE

If contracted - Service will commence per MLD unit when video alarm signals sent from the mobile security have been received and validated by our third-party alarm monitoring company, IVIS Security, or any of its assigns or successors.

VIDEO MONITORING

The Customer acknowledges that the Monitoring Service is not intended to, nor is it capable of, preventing loss damage or injury arising from 'smash and grab' raids or other similar types of incidents at the Monitored Premises. Where it is agreed that the Customer will provide lighting to the monitored Premises the Customer shall maintain such lighting system in good working order to the reasonable satisfaction of TID SYSTEMS and in any event to a standard which will enable the Equipment to display an adequate picture of the Monitored Premises. Upon receipt of an alarm video signal, video or audio transmission, from the mobile security system that occurs during Customer’s monitoring hours (set forth on customer form), IVIS or its designee Monitoring Center shall use it reasonable commercial efforts to notify Client and the appropriate municipal police or fire department (“First Responders”) depending upon the type of signal received. Not all signals or transmissions will require notification to the authorities and Client may obtain a written response policy from IVIS. No response shall be required for supervisory, loss of communication pathway, trouble, or low battery signals. Client acknowledges that signals transmitted from premises directly to municipal police or fire departments are not monitored by personnel of IVIS or IVIS's designee Monitoring Center and IVIS does not assume any responsibility for the manner in which such signals are monitored or the response, if any, to such signals Client acknowledges that signals and transmissions are transmitted over telephone lines, wire, air waves, internet, VOIP, radio or cellular, or other modes of communication, and pass through communication networks wholly beyond the control of IVIS and are not maintained by IVIS except IVIS may own the radio network, and TID SYSTEMS shall not be responsible for any failure which prevents transmission signals from reaching the Monitoring Center or damages arising therefrom, or for data corruption, theft or viruses to Client’s computers if connected to the alarm communication equipment. Monitoring Center can monitor video or sound then upon receipt of an alarm video signal, Monitoring Center shall monitor video or sound for so long as Monitoring Center, in its sole discretion, deems appropriate to confirm an alarm or emergency condition. CUSTOMER OBLIGATIONS Details on the Customer Form must be kept up to date at all times. If this isn’t completed prior to the installation you will still be charged from the install date and the site will NOT be monitored. 

CUSTSOMER OBLIGATIONS IF MONITORING SERVICES ARE CONTRACTED

(A) CUSTOEMR shall allow TID SYSTEMS to maintain the Equipment at any time and to enter the Monitored Premises for this purpose or to collect the Equipment on the termination of the Contract (B) Customer provides contact details for a key holder to this site who can respond if police are dispatched onsite, if monitoring services are part of this agreement ( C) Customer will notify TID SYSTEMS promptly of: (i) Any change in the use of the Monitored Premises or any part thereof if monitoring service is contracted under this agreement. (ii) Any material changes in risk levels or values; (iii) Any changes to construction work and/or site layouts and working hours 

ACCESS TO DATA

Customer acknowledges that the system has 14 day video storage playback. Customer can download the footage during the 14 days system retention. Customer acknowledges that TID SYSTEMS has no obligation under this Agreement to renew and or analyze the footage to be provided to the law enforcement unless Customer request additional services. 

DEFAULT

Customer shall be deemed in default should Customer fail to pay any amount when due hereunder; fail to perform, observe or keep any provision of the Agreement; become “Insolvent” (as defined herein), or should TID SYSTEMS anticipate that Customer may become Insolvent; or otherwise be in default. If Customer is in default, TID SYSTEMS may do any one or more of the following: (A) terminate the Rental Period; (B) declare the entire amounts due hereunder immediately due and payable and commence legal action therefor; (C) cause TID SYSTEMS employees or agents, with notice but without legal process, to enter upon Customer’s property and take all action necessary to retake and repossess the Equipment, and Customer hereby consents to such entry, re-taking and repossession and hereby waives all claims for damages and losses, physical and pecuniary, caused thereby and shall pay all costs and expenses incurred by TID SYSTEMS in retaking and repossessing the Equipment; ( D) pursue any other remedies available by law. Customer shall be considered “Insolvent” if Customer shall generally not pay, or be unable to pay, or admit its inability or anticipated inability to pay its debts as such debts become due; make an assignment for the benefit of creditors, or petition or apply to any court or tribunal for the appointment of a custodian, receiver, or trustee for it or a substantial part of its assets; commence any proceeding under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction, whether now or hereafter in effect; have had any such petition or application filed or any such proceeding commenced against it in which an order for relief is entered or an adjudication or appointment is made; or take any action indicating its consent to, approval of or acquiescence in any such petition, application, proceeding or order for relief or the appointment of a custodian, receiver or trustee for all or any substantial part of its properties.

CHOICE OF LAW AND VENUE

This Agreement shall be governed and construed in accordance with the laws of the State of Nevada, and venue of any action concerning the terms of this Agreement shall be exclusively held in the appropriate courts of Washoe County, Nevada. No suit or action shall be brought against TID SYSTEMS more than thirty days (30) after the date of the incident that resulted in the loss, injury or damage, or the shortest duration permitted under applicable law if greater than thirty days (30).

SEVERABILITY

In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 

RULES OF CONSTRUCTION

The parties acknowledge that each party and/or its counsel has reviewed these TERMS AND CODITIONS for RENTAL SERVICE – NV ONLY , and the parties hereby agree that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 

WAIVER OF DEFAULT

The waiver by any party of a breach of any provision of this TERMS AND CODITIONS for RENTAL SERVICE – NV ONLY shall not be deemed a continuing waiver or a waiver of any subsequent breach whether of the same or another provision of this Agreement. It is impractical and extremely difficult to determine the actual damage, if any, that may result from the failure by TID SYSTEMS to perform any of its obligations. Under no circumstances will I attempt to hold TID SYSTEMS liable for any consequential or incidental damages, including without limitation, damages for personal injury or damages to property.

FORCE MAJEURE

If performances of these TERMS AND CONDITIONS or any obligation under this Agreement is prevented, restricted, or interfered with by the causes beyond either party’s reasonable control (‘Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligation of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include: acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrection, riots, or wars, or strikes.

MISCELLANEOUS

This TERMS AND CONDITIONS shall not be modified in any way except in writing signed by both parties and stating expressly that it constitutes a modification of this Agreement. Nothing contained herein shall create a contractual relationship with, or any other rights in favor of, any third party. This Agreement embodies the entire understanding between the parties with respect to the subject matter of this Agreement, and except as otherwise provided herein, supersedes any and all prior understandings and agreement, oral or written, relating to the subject matter of this Agreement. All express representations, indemnifications or limitations of liability included in this Agreement will survive its completion or termination for any reason.

GOVERNING LAW

This Agreement shall be governed by and constructed in accordance with the laws of the State of Nevada

CLASS ACTION WAIVER

Customer agrees that any claims or proceedings brought by Customer relating to this Agreement will be conducted on an individual basis, and not on a class-wide, collective, or representative basis, and that any one person’s claims or proceedings may not be consolidated with any other claims or proceedings. Customer will not sue TID SYSTEMS as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against TID SYSTEMS. Nothing in this paragraph, however, limits Customer’s right to bring a lawsuit as an individual plaintiff.

ENTIRE AGREEMENT

This Agreement together with any TID SYSTEMS forms, documents, and/or Project Proposals constitute the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings, or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both Customer and TID SYSTEMS. 

COUNTERPARTS; ELECTRONIC AND ELECTRINICALLY -TRANSMITTED SIGNATURES

This Agreement may be executed simultaneously or in any number of counterparts, each of which shall be deemed an original, equally admissible in evidence, but all of which together shall constitute one and the same Agreement, notwithstanding that the signatures of each party or their respective representatives do not appear on the same page. The parties hereby acknowledge and agree that electronic signatures that comply with the eSign Act (15 U.S.C. Ch. 96) (such as DocuSign or ZipLogix Digital Ink signatures), or signatures transmitted by electronic mail in socalled "PDF" format or by fax shall be legal and binding and shall have the same full force and effect as if an original of this Agreement had been delivered