Terms and Conditions

1. Program Name and Description

Adaptiv is a cloud-based Advanced Metering Infrastructure (AMI) software platform operated by TESCO - The Eastern Specialty Company ("TESCO"). Adaptiv provides utility companies and municipalities with real-time metering data, alarm monitoring, and operational event management. As part of the Service, Adaptiv sends automated SMS notifications to designated personnel when operational alarms or dispatch events are triggered.

Access to the Service is provided pursuant to a signed contract between your organization and TESCO. By using the Service, you agree to these Terms and Conditions.

2. Access and Authorization

Access to Adaptiv is granted to your organization under the terms of a signed agreement executed between your organization and TESCO. These Terms and Conditions govern your use of the Service and are incorporated into that agreement.

You must be authorized by your organization to use the Service. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

3. Acceptable Use

You agree to use the Service only for lawful purposes in connection with your organization's utility operations. You shall not:

• Use the Service to transmit unauthorized, harmful, or illegal content
• Attempt to gain unauthorized access to any part of the Service or TESCO's systems
• Reverse engineer, copy, or create derivative works from the Service
• Share your account credentials with unauthorized individuals
• Use the Service in any manner that violates applicable federal, state, or local law

4. SMS Messaging Terms

Adaptiv sends operational SMS notifications to phone numbers configured by authorized administrators within your organization. These messages may include alarm alerts, dispatch notifications, and other operational events.

Message Frequency: Message frequency varies based on configured alarm rules and operational activity. Recurring messages will be sent as operational events occur.

Message and Data Rates: Message and data rates may apply. Contact your wireless carrier for details.

Opt-Out: To stop receiving SMS messages, reply STOP to any message. You will receive a one-time confirmation of your opt-out. To re-enable, update your notification preferences in the Service.

Help: For assistance, reply HELP to any message or contact us at support@tescometering.com or 215.228.0500

Carrier Liability: Carriers are not liable for any delayed or undelivered messages.

5. Privacy

Your use of the Service is governed by our Privacy Policy, available at https://adaptivami.com/account/privacypolicy.aspx Our Privacy Policy describes how we collect, use, and protect your personal information, including phone numbers, SMS opt-in consent data, and all other information collected through the Service.

Mobile opt-in consent and phone numbers collected for SMS notifications will not be shared with third parties or affiliates for marketing or promotional purposes.

6. Intellectual Property

Adaptiv and all associated software, content, and documentation are the property of TESCO. These Terms do not grant you any ownership rights in the Service. You may not copy, reproduce, modify, or distribute any part of the Service without TESCO's prior written consent.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS." TESCO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TESCO DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT SMS MESSAGES WILL BE DELIVERED WITHOUT DELAY.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TESCO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR RECEIPT OF SMS MESSAGES. TESCO'S TOTAL LIABILITY FOR ANY CLAIM ARISING UNDER THESE TERMS SHALL NOT EXCEED THE FEES PAID BY YOUR ORGANIZATION IN THE TWELVE MONTHS PRECEDING THE CLAIM.

9. Changes to These Terms

TESCO may update these Terms and Conditions from time to time. Material changes will be communicated at least 30 days in advance via email or an in-Service notice. Continued use of the Service after the effective date of changes constitutes acceptance of the updated terms.

10. Contact and Support

For questions about these Terms or the Service, contact us:

TESCO - The Eastern Specialty Company
925 Canal St, Bristol, PA 18901
Email: support@tescometering.com
Phone: 215-228-0500
Privacy Policy: https://adaptivami.com/account/privacypolicy.aspx

11. Governing Law

These Terms and Conditions are governed by the laws of the Commonwealth of Pennsylvania. Disputes arising under these Terms will be resolved in the courts of Bucks County, Pennsylvania.