Provider: Irbis Solutions Inc. · Product: Invisible Witness · Effective date: 6 June 2026
This Agreement governs the provision and use of the Invisible Witness gate access-control and intrusion-detection service (the “Service”) supplied by Irbis Solutions Inc. (“Irbis”). The Service includes the Invisible Witness monitoring website, the gate hardware and firmware, the mobile application, and accompanying documentation. Irbis provides the access-control system; it does not own, occupy, or manage the sites, gates, roads, or land at which Customers deploy the Service.
(1) Service. Customer has contracted with Irbis to provide the Service under the Terms and Conditions in this Agreement. Customer agrees to pay any applicable activation, monthly service, and service-usage fees, and any applicable taxes (collectively, “Fees”), as referenced in the accompanying Purchase Agreement. Irbis reserves the right to change Fees by giving Customer written notice 60 days before any change takes effect; Customer may discontinue the Service by giving Irbis written notice 30 days before the date of termination.
(2) Managed Services. Upon request by Customer, Irbis will, on behalf of the Customer, complete the initial account-creation process based on information provided by the Customer. Under this Agreement, Irbis will provide:
The Customer administrator (“Administrator”) is responsible for all routine data input and configuration. Irbis is not responsible for Customer data entry or Customer-made changes. Irbis will not be liable, financially or otherwise, to Customer, and Customer will not make any claim, financial or otherwise, against Irbis or its suppliers, for injury, loss, or damage sustained by any unavailability, delay, faultiness, or failure of the facilities and services provided by Irbis under this Agreement.
(3) Limitation of Liability. The communications services provided by Irbis may be temporarily interrupted, delayed, or otherwise limited. Irbis makes no representation that it can provide uninterrupted service. Irbis will not incur liability or credit for any interrupted service unless caused by the gross negligence of Irbis. Irbis is not liable for acts or omissions of other carriers, equipment failures or modifications, Acts of God, strikes, government actions, or other causes beyond Irbis’s reasonable control.
(4) Due to the technical fallibility of sensors, satellite communication systems, and possible user error, Irbis does not guarantee the detection of all intrusions or the prevention of intrusion incidents. Irbis holds no liability for undetected intrusion, device discovery by intruders, tampering resulting in device malfunction or damage, or losses incurred due to malfunction.
(5) IRBIS MAKES NO WARRANTIES WITH RESPECT TO THE SERVICE OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXCLUDED. IRBIS SOLUTIONS INC. SHALL NOT BE LIABLE TO ITS DISTRIBUTOR, CUSTOMER, OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER CAUSED BY THE SOLE NEGLIGENCE OF IRBIS SOLUTIONS INC.
(6) Irbis is not responsible for incoming-message costs incurred through Customer’s message-receiving devices or providers.
(7) Irbis warrants all physical goods to be free of defects in materials and workmanship under the Full Support Plan during normal use for the term of this Agreement. This warranty does not cover abuse, misuse, overloading, altered products, damage caused by incorrect connections, physical damage, lightning damage, or power-surge damage, or use other than the intended design. This warranty applies to the physical goods only.
(8) Firmware updates are released periodically by Irbis with new features and software updates and are installed only by Irbis. Irbis technical support is provided through our contact page and through website reference materials.
(9) Irbis Solutions Inc. guarantees that the system (electronic components and supporting website) will function at least 99% of the time in any given month. If the gate access system is unavailable for more than 7.2 hours in a month, Customer will receive a credit of one month of the Full Support Plan subscription. Non-function due to user error, theft, or vandalism does not apply.
(10) Distribution Lists. Text messages, email, voice, and satellite messages are used for the intended purposes of the product. Customer must be willing to accept messages on its own devices at Customer’s cost. Irbis will remove recipients from distribution lists upon a recipient’s request.
(11) Customer is subject to the anti-spam laws of its country of residence. If Customer is in breach of those rules, Irbis may intervene to limit message distribution lists or terminate system access.
(12) This Agreement cannot be transferred without the written consent of Irbis.
(13) Licensing. Customers wishing to operate satellite equipment in foreign territories must obtain any licensing or approvals required to operate within that territory. Irbis does not guarantee any authority to transmit or receive data or messages from territories other than those allowing trans-border operation of satellite equipment. Customer accepts that all Service is subject to the limitations and requirements of applicable telecommunications and other laws.
(14) Software License. This is a license agreement between Customer and Irbis. You are granted a non-exclusive, non-transferable (except as provided herein) right to use the Invisible Witness monitoring website (the “SOFTWARE”), any accompanying hardware (the “HARDWARE”), the firmware installed on the HARDWARE (the “FIRMWARE”), and any accompanying documentation in accordance with this Agreement. The SOFTWARE, HARDWARE, FIRMWARE, and documentation are protected by copyright, trademark, and other intellectual-property laws and by international treaty. You must treat them like any other copyrighted material, except that the Customer may access the monitoring website via any employee or assigned representative of the Customer. The Customer may not: (1) grant access to any user account to any individual or organization outside the Customer; (2) modify, translate, reverse-engineer, decompile, disassemble, create derivative works based on, or copy the SOFTWARE, HARDWARE, FIRMWARE, or documentation; (3) rent or lease any rights in them to any person; or (4) remove any proprietary notices, labels, or marks. All rights, title, interest, copyrights, and intellectual-property rights in and to the SOFTWARE, HARDWARE, FIRMWARE, and documentation, and any copy you make, remain with Irbis. Unauthorized copying, or failure to comply with the above restrictions, results in automatic termination of this license and makes available to Irbis other legal remedies.
(15) Your sole remedy under this License Agreement is repair or replacement as provided in the warranty. IRBIS’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY FOR ANY CLAIM BY CUSTOMER OR ANYONE CLAIMING THROUGH OR ON BEHALF OF CUSTOMER ARISING OUT OF YOUR ORDER OR THE WARRANTY SHALL NOT EXCEED THE ACTUAL AMOUNT PAID BY CUSTOMER TO IRBIS FOR THE PRODUCT. IN NO EVENT SHALL IRBIS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, COLLATERAL, EXEMPLARY, CONSEQUENTIAL, OR SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS ARISING OUT OF CUSTOMER’S ORDER OF SOFTWARE, HARDWARE, OR DOCUMENTATION, INCLUDING WITHOUT LIMITATION LOSS OF USE, PROFITS, GOODWILL, SAVINGS, DATA, DATA FILES, OR PROGRAMS.
(16) Customer is responsible for the actions of individuals within Customer’s organization who have access to Customer’s account settings to make account changes.
(17) Customer understands and agrees that all Irbis HARDWARE, FIRMWARE, and SOFTWARE is proprietary to Irbis, and Customer is liable to Irbis for any copying or release of Irbis FIRMWARE, SOFTWARE, or HARDWARE by Customer or its employees or agents to any third party.
(18) Customer is responsible for ensuring that card holders are informed of the data collected (individual contact information, and the date, time, and location of card use) and that they accept the access card with that acknowledgement.
(19) Customer is responsible for ensuring that distribution of SMS text messages does not exceed 10,000 per year per installation. Exceeding this number results in overage costs of $0.03 per text message.
(20) Irbis stores Customer contact information only for the purpose for which it was collected, including contacting clients for technical matters, system administration, invoicing, and distributing device messages. Apart from Customer-entered data, Irbis also maintains a database of satellite messages in support of Customer device monitoring and data download, and may use transaction data for system administration, optimization, invoicing, and troubleshooting.
(21) Irbis does not release Customer information except where mandated by law.
(22) Irbis owns all system data (contact, configuration, and message-relay data) but will provide a Customer’s own data upon request or through self-serve extracts.
Our full Privacy Policy describes how personal information is handled.
(23) Governing Law. This Agreement is governed by the laws of the Province of British Columbia, Canada.
(24) CUSTOMER AGREES THAT ANY LEGAL PROCEEDING COMMENCED BY ONE PARTY AGAINST THE OTHER SHALL ONLY BE BROUGHT IN A COURT IN BRITISH COLUMBIA, CANADA. BOTH PARTIES SUBMIT TO SUCH JURISDICTION AND WAIVE ANY OBJECTION TO VENUE AND/OR CLAIM OF INCONVENIENT FORUM.
(25) CUSTOMER FURTHER AGREES THAT THIS AGREEMENT IS DEEMED EXECUTED IN BRITISH COLUMBIA, CANADA, AND THAT ALL TRANSACTIONS REGARDING THIS SERVICE AGREEMENT OCCUR IN BRITISH COLUMBIA.
The Service relies on third-party providers to deliver its features, which may include satellite and cellular connectivity, mapping, email and SMS messaging, push notifications, and accounting/invoicing systems such as Intuit QuickBooks Online. Use of those integrations may be subject to the applicable provider’s terms. Irbis is not responsible for third-party services it does not control.
By using the Service, you acknowledge that you have read, understand, and will be bound by the terms and conditions of this Agreement, and that you are authorized to accept it on behalf of Customer.
Questions or technical support: contact us.