Terms of Service

1. Acceptance of Terms & Scope of Service

These Terms of Service ("Agreement") govern the provision of software technology, administrative dashboards, public website hosting, board meeting broadcast tools, lobby check-in kiosks, digital document repositories, and customer communication tools provided by J. L. Turner Studios LLC d/b/a Utility Vessel ("Vendor", "Company", "we", "us") to The Subscribing Municipal Utility ("Customer", "Utility", "You"). By provisioning, configuring, administering, or utilizing the platform, Customer unconditionally agrees to be bound by these Terms.

2. Complete Separation of Entities & Independent Contractor Status

The relationship between Vendor and Customer is strictly that of independent contractor and commercial software licensee. Nothing in this Agreement shall be construed to create any partnership, joint venture, governmental agency, fiduciary, or employment relationship between the parties. Customer and its commissioners, directors, engineers, operators, and staff are not agents, representatives, or employees of Vendor.

3. Responsibility for Public Notices, Board Records & Regulatory Compliance

Customer retains sole and exclusive control over all rate schedules, Consumer Confidence Reports (CCR), boil-water notices, ordinances, board meeting agendas, minutes, live video streams, and ratepayer communications uploaded, hosted, or broadcast via the Platform ("Customer Content").

• Vendor does not verify, audit, or assume regulatory responsibility for EPA/state drinking water compliance notices, PHMSA natural gas safety notices, NERC/FERC electric reliability disclosures, or state Open Meetings Act / Freedom of Information Act (FOIA) requirements.
• Vendor operates strictly as an interactive computer service provider under 47 U.S.C. § 230 and related statutory protections, and shall not be held liable for any errors, omissions, or regulatory challenges related to content published or distributed by Customer.

4. Outage Reporting, Life-Support Flags & Emergency Dispatch Disclaimer

The Utility Vessel platform provides digital convenience tools (such as web/mobile outage & leak reporting forms, lobby PIN check-in kiosks, medical life-support account badges, and push/email broadcast notifications) designed to assist the Utility in customer communication. Customer expressly understands and agrees that:

• Vendor does not provide 911 dispatch, SCADA monitoring, physical leak detection, or emergency life-safety services.
• Customer is solely responsible for monitoring its dispatch channels, responding to gas leaks, downed power lines, water main breaks, and verifying medical life-support priority accounts in accordance with state utility regulations.
• Digital priority flags and medical notes on lobby kiosks are displayed strictly as entered by Customer and ratepayers. Vendor assumes no liability for service disconnections, delayed restoration, or life-safety incidents.
• Platform notification tools (such as push alerts or email bulletins) are supplemental administrative conveniences and must never be relied upon as the sole life-safety warning channel during gas emergencies, severe weather, or acute water contamination events.

5. Broadcast Communications & Legal Compliance (TCPA & CAN-SPAM)

The platform facilitates ratepayer broadcast communication via third-party delivery gateways. Customer covenants and warrants that:

• Customer has authority or consent prior to transmitting notifications or newsletters to any phone number, device, or email address in its database.
• Customer shall promptly honor opt-out and unsubscribe requests for non-emergency communications, adhering strictly to the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), and carrier compliance regulations.
• Vendor reserves the right to suspend outgoing broadcast privileges if Customer triggers high spam-complaint rates or carrier filtering penalties.

6. Subscription, Billing & Account Status

Access to Utility Vessel is provided under recurring subscription terms as selected during tenant registration:

• Billing & Renewals: Subscriptions are billed in advance on a recurring monthly basis ($50/mo Platform Core, $149/mo Utility IT Support Standalone, or $199/mo Platform + IT Bundle, plus applicable workstation add-ons) and are non-refundable once billed.
• Payment Default: In the event of failed payment processing, Vendor will notify Customer and provide a grace period of up to ten (10) calendar days, after which administrative access may be suspended until balances are resolved.

7. Customer Indemnification Obligation (Hold Harmless)

To the extent permitted by applicable municipal and state law, Customer agrees to defend, indemnify, and hold harmless J. L. Turner Studios LLC, its officers, directors, customers, employees, contractors, successors, and assigns from and against any and all claims, liabilities, lawsuits, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or resulting from:

• Any utility service outage, water quality incident, natural gas leak, electrical hazard, property damage, or personal injury occurring within Customer's service territory or facilities.
• Any billing dispute, rate hearing challenge, or public records / open meetings claim involving Customer.
• Customer Content, board broadcasts, or intellectual property disputes related to uploaded material.
• Customer's violation of any applicable federal, state, or municipal utility law or regulation.

8. Data Ownership, Multi-Tenant Architecture & Termination

Customer retains full ownership of its tenant data. Customer records are logically partitioned via tenant identifiers across cloud hosting facilities and edge-secured networks:

• Data Export: Customer administrators may export customer directories, check-in logs, and form entries via available platform export tools during any active subscription period.
• Account Termination: Upon subscription termination, Customer will have a thirty (30) day grace period to request a final tenant data export. Following this window, Vendor will permanently delete tenant database rows and cloud assets from active production storage in accordance with standard data scrubbing protocols.

9. Disclaimer of Warranties & Technical Limitations

The platform is delivered strictly on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by law, Vendor disclaims all express, statutory, or implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. Vendor shall not be liable for internet disruptions, ISP interruptions, upstream cloud or carrier gateway downtime, or unauthorized data interception outside its direct, reasonable control.

10. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall J. L. Turner Studios LLC or its affiliates be liable for any indirect, punitive, special, incidental, or consequential damages (including lost utility revenue, infrastructure downtime, or regulatory fines). In all circumstances, Vendor's aggregate cumulative liability under this Agreement shall be strictly capped at the total amount actually paid by Customer to Vendor for the platform in the twelve (12) months preceding the event giving rise to the claim.