360 BAC LLC Monitoring Acknowledgment

I acknowledge, I have been informed of my test schedule and will submit a test during each of the designated testing windows.

I understand, my testing schedules may change at the discretion of the probation officer or as the municipality requires.

I understand, I am responsible for using my device to upload my BAC results. It is my responsibility to ensure that my cellular smartphone is compatible with the 360 BAC app and has adequate storage, signal, data access, and Wi-Fi connectivity.

I agree to grant all permissions requested by the 360 BAC app to submit my BAC test samples successfully.

I acknowledge, I must refrain from consuming any products containing alcohol, including but not limited to mouthwash, NyQuil (or other cough syrups), and menthol products. I have been advised to use alcohol-free alternatives whenever possible.

I have been instructed to keep my breathalyzer device away from all aerosol spray products—such as Lysol, spray deodorants, and perfumes—to prevent contamination or malfunction.

I have received clear instructions on how to care for the portable breathalyzer device. I understand that if the device is lost or damaged for any reason, I will be responsible for a replacement fee of $100 plus taxes. If I do not return the device 14 days after my probation ends, it will be considered to have been purchased by me for $100 plus taxes and monthly charges will continue to be incurred until cancelled.

In the event a positive BAC result is recorded, I am required to retest every 15 minutes until the BAC level returns to 0.00. Failure to comply will result in the sample being marked as "non-compliant," and it will be reported in the same manner as a positive alcohol test.

I understand, autopay is required to maintain continuous services and it is my responsibility to make sure funds are available and the failure to make timely payments will immediately impact my ability to use the app and submit test results.

I am responsible for keeping 360 BAC LLC informed of any changes in the status of my case.

Lastly, I confirm that I have received comprehensive information regarding device care, actions to take following a positive BAC reading, and the financial responsibilities associated with non-compliance or non-payment.

Arbitration Agreement

By using the 360 BAC app and related services, I agree that any dispute, claim, or controversy arising out of or relating to this agreement, the use of the device, or the 360 BAC app shall be resolved exclusively through final and binding arbitration, rather than in court. The arbitration will be conducted in accordance with the rules of the American Arbitration Association (AAA), and the judgment rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Each party will bear its own legal costs and fees unless otherwise awarded by the arbitrator.

Right to Refuse or Cancel Services
The 360 BAC LLC reserves the right to refuse, suspend, or cancel services at its sole discretion within 14 days, for any reason including but not limited to non-compliance, inappropriate use of the device, or violation of the terms of this agreement. In such cases, any applicable refunds will be assessed in accordance with the 360 BAC LLC’s refund policy.

Limitation of Liability

To the maximum extent permitted by law, I agree 360 BAC LLC’s total financial liability and responsibility under this agreement—regardless of the cause or nature of the claim—shall be limited to the last two payments I have paid in the for the use of the 360 BAC app and related services. Under no circumstances shall the service provider be liable for indirect, incidental, special, or consequential damages.