Master Services Agreement

1. The Parties

This Agreement is between Home Watch IT, LLC ("HWIT"), a Texas limited liability company (12895 Josey Ln #124-1155, Dallas TX 75234), and you ("Customer") — the home watch professional signing up for the Services.

2. Services

This Agreement covers all HWIT software, tools, and support described in any Statement of Work (SOW) between us. If the scope changes, we'll document that in a new or amended SOW.

3. Term UPDATED

This Agreement starts on the date you create your account and continues until terminated. There is no minimum subscription term — you may cancel at any time, as set out in Section 10. Termination for cause (breach not cured within 10 business days) may happen immediately.

4. Platform & Third-Party Services UPDATED

HWIT delivers its Services using the following third-party platforms ("Sub-Processors"), all of which are bound by data protection agreements:

• AWS, Google Cloud, Supabase — cloud infrastructure & database
• Cloudflare — hosting, content delivery & security services
• OpenAI Ireland Ltd. — AI-assisted report completion (AI Fill) and document search
• SMTP2GO — automated email delivery
• Make.com (Celonis) — workflow automation
• PDFShift — PDF document generation
• MonitorQA — field reporting software (HWIT operates a master account; individual client accounts are created and managed under it; data is accessed by HWIT via API as part of the Services)

HWIT is not liable for operational outages or service interruptions originating within any Sub-Processor platform. This does not limit HWIT's responsibility for the processing of personal data by its Sub-Processors, for which HWIT remains fully liable under the Data Processing Agreement. The full Sub-Processor list and transfer mechanisms are at homewatchit.com/dpa.

Where you independently connect third-party tools (e.g. QuickBooks, Zoho, PennyLane, SafetyCulture/Mitti), you are solely responsible for data protection compliance in respect of those integrations.

HWIT does not store your payment card or banking details. All payment processing is handled by your own integrated accounting system.

5. Fees & Payment

All work is billed at the prevailing rate or as quoted in a Fixed Fee or Time-based SOW. Prepaid amounts are non-refundable. Late balances accrue interest at 1.5% per month. You are responsible for any bank charges on returned items.

6. Platform Ownership

HWIT retains ownership of all custom configurations created within the platform. Your data remains yours at all times. Configurations may not be exported to another platform without HWIT's written permission.

7. Confidentiality

Both parties agree to keep each other's non-public business information confidential and not share it with third parties without written consent. This obligation survives termination. Your customer and financial data always remains your property.

8. Warranty

HWIT will deliver Services in accordance with general information technology industry standards. Any specific warranty for a project will be set out in the relevant SOW.

9. Limitation of Liability UPDATED

HWIT's liability for any damages is limited to the total fees (including monthly subscription fees) actually paid by you to HWIT in the twelve (12) months preceding the event giving rise to the claim. HWIT is not liable for incidental, consequential, or punitive damages.

This limitation does not apply to: (a) either party's breach of the Data Processing Agreement or applicable data protection law; (b) death or personal injury caused by negligence; or (c) fraud.

In the case of (a) above, the following limit applies instead: HWIT's aggregate liability for breaches of the Data Processing Agreement or of applicable data protection law shall not exceed the greater of (i) three times the total fees (including monthly subscription fees) actually paid by you to HWIT in the twelve (12) months preceding the event giving rise to the claim, and (ii) US $2,500. Nothing in this Section limits or excludes liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation. This Section governs claims between the parties only and does not affect any right of a data subject under Article 82 GDPR, or the powers of any supervisory authority.

10. Cancellation, Termination & Data Deletion UPDATED

Cancellation. You may cancel your subscription at any time. There is no minimum subscription term. To avoid being charged for the next billing period, cancellation must be submitted before the next renewal is processed. Subscription renewal payments begin processing shortly before the renewal date, so you should submit cancellation at least three (3) days before the renewal date. Once cancelled, the subscription will not renew. Prepaid subscription fees are non-refundable; however, applicable prepaid amounts may be applied within the same calendar year in accordance with HWIT's billing policies.

You are responsible for exporting any data you wish to retain before termination. Upon termination of the account, live Business Data is removed from HWIT's active systems in accordance with HWIT's security and data-retention practices, and you will no longer have access to the account or its data.

On termination, you remain responsible for any outstanding fees. Unless both parties agree otherwise, HWIT will continue providing the Services until the end of the billing period for which you have paid.

Data export: On written request received before the termination date, HWIT will provide a complete export of your Business Data — customers, properties, visit reports, notes, and scheduling data in a machine-readable format (CSV or JSON), plus photographs and documents in their original file formats — at no additional charge.

Data deletion: Upon termination, HWIT will permanently and securely delete all live Business Data immediately — or, where an export has been requested, on delivery of the export or 30 days after termination, whichever comes first. Residual copies held in encrypted backup systems are purged within 15 days thereafter. Written confirmation is available on request.

11. Data Processing NEW

Your responsibilities as data controller:

• Have a lawful basis for all personal data you submit to the HWIT platform;
• Provide your customers with a privacy notice that discloses HWIT's role as data processor;
• Respond to data subject rights requests from your customers within legal timeframes;
• Notify HWIT promptly of any data subject request, regulator inquiry, or data breach relating to data in the HWIT platform;
• Not submit special category personal data (health, biometric, etc.) without prior written agreement.

HWIT's commitments:

• Process your customers' data only to deliver the Services;
• Notify you of a personal data breach within 48 hours of discovery;
• On request, export your Business Data in machine-readable format before deletion; delete all live Business Data upon account termination, with residual backup copies purged within 15 days;
• Maintain Data Processing Agreements with all Sub-Processors.

12. Applicable Law UPDATED

Disputes are first submitted to good-faith discussion, then to arbitration under AAA Rules in Texas. This Agreement is governed by Texas law, which remains the primary governing law of the relationship. Solely for customers established in the European Union, matters concerning personal data processing are governed by the Data Processing Agreement — which is governed by the laws of Ireland, with the competent supervisory authority being that of the EU Member State in which the Customer is established — and by applicable EU data protection law (GDPR). On those matters only, the DPA prevails over this Agreement in the event of conflict; all other matters remain governed by Texas law as above.

13. General

HWIT may provide the same services to other customers. All notices may be sent by email. If any provision of this Agreement is unenforceable, the remainder continues in effect. This Agreement, any SOWs, and the DPA (where applicable) constitute the entire agreement between the parties.

14. Changes to these Terms NEW

HWIT may amend this Agreement from time to time. HWIT will give you at least thirty (30) days' written notice by email before any material change takes effect. The version of this Agreement in effect on the date your subscription commences continues to apply to that subscription until its next renewal date, at which point the then-current version applies. Each published version carries a version number and effective date, and prior versions remain available at homewatchit.com/legal.