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End User License Agreement

Effective February 11, 2026

This End User License Agreement ("Agreement") is a legal agreement between you ("Customer" or "you") and MeshComm Engineering, LLC ("MeshComm," "we," or "us"), located at 815 14th St. SW, Ste C250, Loveland, CO 80537, governing your use of the XetaLynk™ platform, including embedded firmware, cloud services, APIs, SDKs, documentation, and any associated software (collectively, the "Platform").

By accessing, installing, or using any component of the Platform, you agree to be bound by this Agreement. If you do not agree, do not use the Platform.

1. License Grant

Subject to the terms of this Agreement and any applicable order or subscription agreement, MeshComm grants you a limited, non-exclusive, non-transferable, revocable license to:

  • Use the Platform in connection with your authorized systems and devices;
  • Access cloud-based services, including device management, OTA updates, and data routing, as provided under your subscription;
  • Use provided SDKs and APIs to develop integrations with the Platform for your internal business purposes.

2. Restrictions

You may not:

  • Copy, modify, adapt, or create derivative works of the Platform except as expressly permitted by this Agreement or a separate written agreement;
  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of any firmware, software, or service;
  • Sublicense, lease, rent, sell, or distribute the Platform or access to it to any third party without prior written consent;
  • Remove, alter, or obscure any proprietary notices, labels, or markings;
  • Use the Platform for any unlawful purpose or in violation of any applicable laws or regulations;
  • Interfere with, disrupt, or attempt to gain unauthorized access to any servers, networks, or systems associated with the Platform.

3. Ownership and Intellectual Property

The Platform, including all firmware, software, cloud infrastructure, documentation, designs, and trademarks (including XetaLynk™), is and remains the exclusive property of MeshComm Engineering. This Agreement does not convey any ownership rights. All rights not expressly granted are reserved by MeshComm.

Any feedback, suggestions, or ideas you provide regarding the Platform may be used by MeshComm without obligation or compensation to you.

4. Subscription and Services

Certain features of the Platform, including cloud services, OTA updates, fleet management, and data routing, require an active subscription. The scope, pricing, and duration of your subscription are defined in your order or subscription agreement.

MeshComm reserves the right to modify, suspend, or discontinue any feature or service with reasonable notice. Continued use of the Platform after changes constitutes acceptance of the updated terms.

5. Data and Privacy

You retain ownership of all data generated by your systems and transmitted through the Platform ("Customer Data"). MeshComm will not sell or share Customer Data with third parties except as required to provide the Platform services or as required by law.

MeshComm may collect and use anonymized, aggregated usage data to improve the Platform. This data will not identify you or your systems.

Our collection and use of personal information is governed by our Privacy Policy.

6. Security

MeshComm employs industry-standard security measures including end-to-end TLS encryption, AES-256 encrypted storage, and secure OTA update mechanisms. However, no system is completely secure. You are responsible for maintaining the security of your own systems, credentials, and network environment.

7. Warranty Disclaimer

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MESHCOMM DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MESHCOMM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, REGARDLESS OF THE CAUSE OF ACTION OR THEORY OF LIABILITY.

MESHCOMM'S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU PAID TO MESHCOMM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to indemnify, defend, and hold harmless MeshComm and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Platform, your violation of this Agreement, or your violation of any third-party rights.

10. Term and Termination

This Agreement remains in effect as long as you use the Platform. MeshComm may terminate this Agreement immediately if you breach any of its terms. Upon termination:

  • Your license to use the Platform is revoked;
  • You must cease all use of the Platform and destroy any copies of software or documentation in your possession;
  • MeshComm may, at its discretion, provide a reasonable period for you to retrieve your Customer Data before deleting it.

Sections 3, 7, 8, 9, and 12 survive termination.

11. Export Compliance

You agree to comply with all applicable export control laws and regulations, including those of the United States. You represent that you are not located in, or a national or resident of, any country subject to U.S. trade sanctions, and that you are not on any U.S. government restricted party list.

12. Governing Law and Dispute Resolution

This Agreement is governed by the laws of the State of Colorado, without regard to its conflict of law provisions. Any disputes arising under this Agreement shall be resolved exclusively in the state or federal courts located in Larimer County, Colorado, and you consent to the personal jurisdiction of such courts.

13. Modifications

MeshComm may update this Agreement from time to time. Material changes will be communicated through the Platform or by email. Continued use of the Platform after changes take effect constitutes acceptance of the revised Agreement.

14. Entire Agreement

This Agreement, together with any applicable order or subscription agreement, constitutes the entire agreement between you and MeshComm regarding the Platform and supersedes all prior agreements, understandings, and communications, whether written or oral.

15. Contact

For questions about this Agreement, contact us at:

MeshComm Engineering, LLC
815 14th St. SW, Ste C250
Loveland, CO 80537
(970) 408-0459
meshcommengineering.com/contact