Terms and Conditions

I. INTRODUCTION

These Terms and Conditions apply to You when you purchase a fususCORE Device and/or register to connect your camera (being a fususCORE camera or other camera system compatible with fusus) to the fusus platform. In doing so, you agree to become a Partner of the Agency, and agree to the sharing of your video source locations and/or video sources with the Agency subject to the terms and conditions herein.

II. PREAMBLES

The Agency is the Gwinnett County Police Department, a law enforcement organization responsible for the preservation of safety and security in the geographic area in which the Agency has jurisdiction.

A Partner is any organization or resident operating or living within the jurisdiction of the Agency that subscribes to, and registers its fusus enabled camera/camera system, or integrates a compatible camera/camera system, with the fususONE platform.

III. PURPOSE

In the case of Camera Registry, permission to access the location of the Partner's video sources is granted to the Agency. In the case of video integration, permission for video access is granted by the Partner to video sources designated by Partner that are owned by or under management by the Partner. Cameras shared must also be approved by the Agency as appropriate for sharing and deemed useful for purposes of enhanced situational awareness and safety of the areas surrounding the Partner's location(s). It is not the intention and there shall be no expectation that the Partner's cameras will be routinely monitored in real-time by the Agency. Video sharing by the Partner with the Agency is intended to be done in the spirit of partnership for improved situational awareness and efficiency of law enforcement purpose or emergency response by the Agency. The grant of video access by the Partner to the Agency does not constitute commitment on the part of the Agency that video will be viewed in emergencies or when requested by the Partner and no liability to the Partner is created by virtue of the Agency’s discretionary action or inaction.

The Partner is the sole owner of the video at the time it is created by the cameras deployed on the Partner’s property. The fususCORE device is connected to the Partner cameras to act solely as a secure buffered video gateway. It is the means through which the Agency accesses video from the Partner cameras for law enforcement or emergency purposes. The Agency has no access to or custody over video contained on the fususCORE at ANYTIME prior to making a digital request for video access via the fususONE software interfacing with the fususCORE. The purpose of this request is to allow the Agency access to and use of, at no charge, the video for law enforcement or emergency purposes. Once requested from the Partner through fususONE, the video is transferred from the fususCORE into a cloud hosted environment which adheres to FBI Criminal Justice Information Services (CJIS) standards and complies with applicable laws governing the storage, access, and dissemination of evidentiary data.

IV. RESPONSIBILITIES OF AGENCY

The Agency will only access video sources designated by the Partner for fusion into the Agency's video software. The Agency will not share access to the Partner's camera locations or views with members of the public, or outside of the Agency, without the prior written consent of the Partner. Further, the Agency will ensure video access is strictly limited to personnel responsible for monitoring the system, and authorized login metadata will be tracked and logged. Finally, the Agency will ensure any employee responsible for video access is trained on system use and security of access. The Agency will direct any inquiries related to the Partner or the Partner's video sources to the Partner.

V. RESPONSIBILITIES OF PARTNER

The Partner will cooperate with the Agency as may be required for video registration or integration. In the case of video integration, typical configuration should take less than an hour and may require installation of additional hardware at the Partner location(s), at the expense of the Partner. The Partner will provide information needed by the Agency for the system to operate; including but not limited to, camera make, model, IP address, and Camera and/or associated DVR/NVR login information. The Partner understands and agrees that once video footage is retrieved and stored by the Agency, it is subject to applicable state open records /freedom of information laws, and disclosure and retention is governed by applicable federal and state laws and county ordinances.

VI. LIMITATION OF LIABILITY

IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS, OR GOODWILL, FOR ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT.

THE PARTNER AGREEES THAT NOTHING IN THESE TERMS AND CONDITIONS WAIVES THE SOVERIGN IMMUNITY OF GWINNETT COUNTY, GEORGIA OR THE AGENCY, AND ITS COMMISSONERS, OFFICERS, EMPLOYEEES, AGENTS, AND THOSE OTHERS TO WHOM SOVEREIGN IMMUNITY APPLIES.

VII. TERMINATION AND AMENDMENTS.

These Terms and Conditions shall take effect immediately upon becoming a Partner and shall control at all times that You remain a Partner.

The Agency has the right to modify these Terms and Conditions at any time and the Partner, by continuing to perform under the Agreement, consents to be bound to any amendment of the Terms and Conditions.

VIII. GOVERNING LAW AND VENUE.

Any claim arising from, or related to, the grant of right provided under these Terms and Conditions shall be interpreted under the substantive las of the State of Georgia. Any action arising therefrom shall be venued in the appropriate Gwinnett County, Georgia state court, or such federal court with competent jurisdiction.