HomeMy WebLinkAbout2023-12-12; City Council; Resolution 2023-287RESOLUTION NO. 2023-287
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH
AXON ENTERPRISE, INC. FOR THE PURCHASE OF REPLACEMENT TASER
DEVICES
WHEREAS, the City Council of the City of Carlsbad, California has determined that the entire
taser inventory of {125) X26P's have exceeded or are nearing their end of useful life and need to be
replaced; and
WHEREAS, {140) Taser 10 devices will fully outfit police officers and police rangers; and
WHEREAS, the five-year contract with Axon Enterprise, Inc. includes the taser device, access to
Evidence.com for energy device program management, annual training cartridges, unlimited duty
cartridges, and on line training content; and
WHEREAS, Carlsbad Municipal Code Section 3.28.100 authorizes the Purchasing Officer to join
with other public or quasi-public agencies in cooperative purchasing plans or programs for the purchase
of goods and/or services; and
WHEREAS, the city's Purchasing Officer has reviewed the purchase and agrees the use of a
cooperative agreement is in the best interest of the city; and
WHEREAS, the police department has sufficient funds for the purchase of {140) Taser 10 devices
to be paid in full in an amount not to exceed $669,474.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2.That the Mayor is hereby authorized to execute Axon Enterprise lnc.'s TASER Energy
Weapon Agreement.
3.That the agreement is not to exceed $669,474.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 12th day of December, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
KEITH BLA�
SHER Y FREISINGER, City Clerk
(SEAL)
Attachment ADocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE9B-EA32E62A 1 F67
'~AXON Axon Enterprise, lnc.'s TASER
Energy Weapon Agreement
This TASER Energy Weapon Agreement ("Agreement") is between Axon Enterprise, Inc. ("Axon") and the
agency on the Quote ("Agency"). This Agreement applies to Agency's TASER 7 or TASER 10 purchase from
Axon. Agency will receive TASER 7 or TASER 10 Conducted Energy Weapon ("CEW") hardware,
accessories, warranty, and services documented in the attached Quote Appendix ("Quote").
1. Term. The start date is based on the initial shipment of TASER 7 or T ASER 1 0 hardware ("Start Date").
If shipped in the first half of the month, the Start Date is the 1st of the following month. If shipped in the
last half of the month, the Start Date is the 15th of the following month . The TASER 7 or TASER 10 term
will end upon completion of the associated TASER 7 or TASER 10 subscription in the Quote ("Term"). If
the Quote has multiple TASER 7 or TASER 10 ship dates, each shipment will have a sixty-(60-) month
term, starting on the shipment ofTASER 7 or TASER 10 as described above.
2. Payment. Axon invoices upon shipment, or on the date specified within the invoicing plan in the Quote.
Payment is due net thirty (30) days from the invoice date. Payment obligations are non-cancelable. Unless
otherwise prohibited by law, Agency will pay interest on all past-due sums at the lower of one-and-a-half
percent (1.5%) per month or the highest rate allowed by law. Agency will pay invoices without setoff,
deduction, or withholding. If Axon sends a past due account to collections, Agency is responsible for
collection and attorneys' fees.
3. Taxes. Agency is responsible for sales and other taxes associated with the order unless Agency provides
Axon a valid tax exemption certificate.
4. Shipping. Axon may make partial shipments and ship any hardware provided by Axon under this Agreement
("Axon Devices") from multiple locations, including Axon-manufactured Devices, which are a subset of Axon
Devices. All shipments are EXW (lncoterms 2020) via common carrier. Title and risk of loss pass to Agency
upon Axon's delivery to the common carrier. Agency is responsible for any shipping charges in the Quote.
5. Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as
provided by state or federal law.
6. Warranty.
6.1 . Limited Warranty; Disclaimer. Axon warrants that Axon-manufactured Devices are free from defects
in workmanship and materials for one (1) year from the date of Agency's receipt, except Signal
Sidearm and Axon-manufactured accessories, wh ich Axon warrants for thirty (30) months and ninety
(90) days, respectively, from the date of Agency's receipt. Used conducted energy weapon ("CEW")
cartridges are deemed to have operated properly. Extended warranties run from the expiration of the
one-(1-) year hardware warranty through the extended warranty term . All software and Axon Cloud
Services are provided "AS IS," without any warranty of any kind, either express or implied,
including without limitation the implied warranties of merchantability, fitness for a particular
purpose and non-infringement. Axon Devices and Services that are not manufactured,
published or performed by Axon ("Third-Party Products") are not covered by Axon's warranty
and are only subject to the warranties of the third-party provider or manufacturer.
6.2. Claims. If Axon receives a valid warranty claim for an Axon-manufactured Device during the warranty
term, Axon's sole responsibility is to repair or replace the Axon-manufactured Device with the same
or like Axon-manufactured Device, at Axon's option. A replacement Axon-manufactured Device will
be new or like new. Axon will warrant the replacement Axon-manufactured Device for the longer of (a)
the remaining warranty of the original Axon-manufactured Device or (b) ninety (90) days from the date
of repair or replacement.
6.2.1. If Agency exchanges an Axon Device or part, the replacement item becomes Agency's
property, and the replaced item becomes Axon's property. Before delivering an Axon-
manufactured Device for service, Agency must upload Axon-manufactured Device data to
Axon Evidence or download it and retain a copy. Axon is not responsible for any loss of
software, data, or other information contained in storage media or any part of the Axon-
manufactured Device sent to Axon for service.
6.3. Spare Axon Devices. At Axon's reasonable discretion , Axon may provide Agency a predetermined
number of spare Axon Devices as detailed in the Quote ("Spare Axon Devices"). Spare Axon Devices
Title: Axon Enterprise, Inc.'s TASER Energy Weapon Agreement
Department: Legal
Version: 3.0
Release Date: 8/18/2023
Page 1 of 36
DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE9B-EA32E62A 1 F67
J),AXON Axon Enterprise, lnc.'s TASER
Energy Weapon Agreement
are intended to replace broken or non-functioning units while Agency submits the broken or non-
fu nctioning units, through Axon's warranty return process. Axon will repair or replace the unit with a
replacement Axon Device. Title and risk of loss for all Spare Axon Devices shall pass to Agency in
accordance with shipping terms under Section 5. Axon assumes no liability or obligation in the event
Agency does not utilize Spare Axon Devices for the intended purpose.
6.4. Limitations. Axon's warranty excludes damage related to: (a) failure to follow Axon Device use
instructions; (b) Axon Devices used with equipment not manufactured or recommended by Axon; (c)
abuse, misuse, or intentional damage to Axon Device; (d) force majeure; (e) Axon Devices repaired
or modified by persons other than Axon without Axon's written permission; or (f) Axon Devices with a
defaced or removed serial number. Axon's warra nty will be void if Agency resells Axon Devices.
6.4.1. To the extent permitted by law, the above warranties and remedies are exclusive. Axon
disclaims all other warranties, remedies, and conditions, whether oral, written,
statutory, or implied. If statutory or implied warranties cannot be lawfully disclaimed,
then such warranties are limited to the duration of the warranty described above and
by the provisions in this Agreement. Agency confirms and agrees that, in deciding
whether to sign this Agreement, it has not relied on any statement or representation by
Axon or anyone acting on behalf of Axon related to the subject matter of this Agreement
that is not in this Agreement.
6.4.2. Axon's cumulative liability to any Party for any loss or damage resulting from any claim,
demand, or action arising out of or relating to any Axon Device or Service will not
exceed the purchase price paid to Axon for the Axon Device, or if for Services, the
amount paid for such Services over the twelve (12) months preceding the claim . Neither
Party will be liable for direct, special, indirect, incidental, punitive or consequential
damages, however caused, whether for breach of warranty or contract, negligence,
strict liability, tort or any other legal theory.
6.5. Online Support Platforms. Use of Axon's online support platforms (e.g., Axon Academy and
My Axon) is governed by the Axon Online Support Platforms Terms of Use Appendix, attached and
incorporated as Attachment A.
6.6. Axon Aid. Upon mutual agreement between Axon and Agency, Axon may provide certain products
and services to Agency, as a charitable donation under the Axon Aid program . In such event, Agency
expressly waives and releases any and all claims, now known or hereafter known, against Axon , and
its officers, directors, employees, agents, contractors, affiliates, successors, and assigns (collectively,
"Releasees"), including but not limited to, on account of injury, death, property damage, or loss of
data, arising out of or attributable to the Axon Aid program whether arising out of the negligence of
any Releasees or otherwise. Agency agrees not to make or bring any such claim against any
Releasee, and forever release and discharge all Releasees from liability under such claims. Agency
expressly allows Axon to publicly announce its participation in Axon Aid and use its name in marketing
materials. Axon may terminate the Axon Ai d program without cause immediately upon notice to the
Agency.
7. Axon Device Warnings. See www.axon.com/legal for the most current Axon Device warnings.
8. Design Changes. Axon may make design changes to any Axon Device or Servi ce without notifying Agency
or making the same change to Axon Devices and Services previously purchased by Agency.
9. Bundled Offerings. Some offerings in bundled offerings may not be generally available at the time of
Agency's purchase. Axon wil l not provide a refund, credit, or additional discount beyond what is in the Quote
due to a delay of availability or Agency's election not to utilize any portion of an Axon bundle.
10. Insurance. Axon will maintain General Liability, Workers' Compensation, and Automobile Liability insurance.
Upon request, Axon will supply certificates of insurance.
11. IP Rights. Axon owns and reserves all right, title, and interest in Axon-manufactured Devices and Services
and suggestions to Axon, including all related intellectual property rights. Agency will not cause any Axon
proprietary rights to be violated.
12. Agency Responsibilities. Agency is responsible for (a) Agency's use of Axon Devices; (b) breach of this
Title: Axon Enterprise, Inc. 's TASER Energy Weapon Agreement
Department: Legal
Version: 3.0
Release Date: 8/18/2023
Page 2 of 36
DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE9B-EA32E62A 1 F67
;)AXON Axon Enterprise, lnc.'s TASER
Energy Weapon Agreement
Agreement or violation of applicable law by Agency or an Agency end user; (c) disputes between Agency
and a third-party over Agency's use of Axon Devices; (d) ensuring Axon Devices are destroyed and disposed
of securely and sustainably at Agency's cost; and (e) any regulatory violations or fines, as a result of improper
destruction or disposal of Axon Devices.
13. Termination.
13.1. For Breach. A Party may terminate this Agreement for cause if it provides thirty (30) days written
notice of the breach to the other Party, and the breach remains uncured at the end of thirty (30) days.
If Agency terminates this Agreement due to Axon's uncured breach, Axon will refund prepaid amounts
on a prorated basis based on the effective date of termination.
13.2. By Agency. If sufficient funds are not appropriated or otherwise legally available to pay the fees,
Agency may terminate this Agreement. Agency will deliver notice of termination under this section as
soon as reasonably practicable.
13.3. Effect of Termination. Upon termination of this Agreement, Agency rights immediately terminate.
Agency remains responsible for all fees incurred before the effective date of termination. If Agency
purchases Axon Devices for less than the manufacturer's suggested retail price ("MSRP") and this
Agreement terminates before the end of the Term, Axon will invoice Agency the difference between
the MSRP for Axon Devices received, including any Spare Axon Devices, and amounts paid towards
those Axon Devices. Only if terminating for non-appropriation, Agency may return Axon Devices to
Axon within thirty (30) days of termination. MSRP is the standalone price of the individual Axon Device
at the time of sale. For bundled Axon Devices, MSRP is the standalone price of all individual
components.
14. General.
14.1. Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause beyond
a Party's reasonable control.
14.2. Independent Contractors. The Parties are independent contractors. Neither Party has the authority
to bind the other. This Agreement does not create a partnership, franchise, joint venture, agency,
fid uciary, or employment relationship between the Parties.
14.3. Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement.
14.4. Non-Discrimination. Neither Party nor its employees will discriminate against any person based on
race; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding;
medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status;
age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by
local, state, or federal law.
14.5. Export Compliance. Each Party will comply with all import and export control laws and regulations.
14.6. Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a
waiver of that right.
14.7. Severability. If a court of competent jurisdiction holds any portion of th is Agreement invalid or
unenforceable, the remaining portions of this Ag reement will remain in effect.
14.8. Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings,
Indemnification, IP Rights, and Agency Responsibilities.
14.9. Governing Law. The laws of the state where Agency is physically located, without reference to conflict
of law rules, govern this Agreement and any dispute arising from it. The United Nations Convention
for the International Sale of Goods does not apply to this Agreement.
14.10. Notices. All notices must be in English. Notices posted on Agency's Axon Evidence site are effective
upon posting. Notices by email are effective on the sent date of the email. Notices by personal delivery
are effective immediately. Notices to Agency shall be provided to the address on file with Axon. Notices
to Axon shall be provided to Axon Enterprise, Inc. Attn : Legal, 17800 North 85th Street, Scottsdale,
Arizona 85255 with a copy to legal@axon.com.
Title: Axon Enterprise, Inc.1s TASER Energy Weapon Agreement
Department: Legal
Version: 3.0
Release Date: 8/18/2023
Page 3 of 36
DocuSign Envelope ID: 1 D9797F6-DB7D-438D-AE9B-EA32E62A 1 F67
J)AXON Axon Enterprise, lnc.'s TASER
Energy Weapon Agreement
18.12 Entire Agreement. This Agreement, including the Appendices and any SOW(s), represents the entire agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by the Parties.
Each representative identified below declares they have been expressly authorized to execute this Agreement as of the date of signature.
Axon Enterprise, Inc.
(°::.,_,,,. ..• .,.,
Signature:v_�l.�
Robert E. Driscoll, Jr. Name: _____________ _
Title: VP, Assoc. Genera 1 counse 1
11/9/2023 I 12:51 PM MST Date: ______________ _
Agency �
Signature: ',
Name: l,<e.1J:b bla.c.k.bu CO
Title: t-\-a.�o{"
Date: h,c.mbov ,� ,,?\O�
Signature: ____ l_�__:::_-._f_re_i ___ _
Name: Allegra Frost
Title: Deputy City Attorney
Date: 11/17/23
TASER Energy Weapon Axon Evidence Tenns of Use Appendix
Title: Axon Enterprise, lnc.1s TASER Energy Weapon Agreement Department: Legal Version: 3.0 Release Date: 8/18/2023
Page 4 of 36
•
I
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DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE9B-EA32E62A 1 F67
J~AXON
1 Definitions.
Axon Enterprise, lnc.'s TASER
Energy Weapon Agreement
"Agency Content" is data uploaded into, ingested by, or created in Axon Evidence within Agency's
tenant, incl uding media or multimedia uploaded into Axon Evidence by Agency. Agency Content includes
Evidence but excludes Non-Content Data.
"Evidence" is media or multimedia uploaded into Axon Evidence as 'evidence' by an Agency. Evidence
is a subset of Agency Content.
"Non-Content Data" is data, configuration, and usage information about Agency's Axon Evidence
tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon
Devices. Non-Content Data includes data about users captured during account management and
customer support activities. Non-Content Data does not include Agency Content.
2 Subscription Term. The TASER 7 or TASER 10 Axon Evidence Subscription Term begins on the Start
Date.
3 Access Rights. Upon Axon granting Agency a TASER 7 or TASER 10 Axon Evidence subscription,
Agency may access and use Axon Evidence for the storage and management of data from TASER 7 or
TASER 10 CEW devices during the TASER 7 or TASER 10 Axon Evidence Subscription Term. Agency
may not upload any non-TASER 7 or TASER 10 data or any other files to Axon Evidence. Agency may
not exceed the number of end-users than the Quote specifies.
4 Agency Owns Agency Content. Agency controls and owns all right, title, and interest in Agency
Content. Except as outlined herein, Axon obtains no interest in Agency Content, and Agency Content is
not Axon's business records. Agency is solely responsible for uploading, sharing, managing, and
deleting Agency Content. Axon will only have access to Agency Content for the limited purposes set
forth herein. Agency agrees to allow Axon access to Agency Content to (a) perform troubleshooting,
maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of the
Axon products.
5 Security. Axon will implement commercially reasonable and appropriate measures to secure Agency
Content against accidental or unlawful loss, access, or disclosure. Axon will maintain a comprehensive
information security program to protect Axon Evidence and Agency Content including logical, physical
access, vulnerability, risk, and configuration management; incident monitoring and response; encryption
of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Bureau
of Investigation Criminal Justice Information Services Security Addendum.
6 Agency Responsibilities. Agency is responsible for (a) ensuring Agency users comply with this
Agreement; (b) ensuring Agency owns Agency Content and no Agency Content or Agency end user's
use of Agency Content or Axon Evidence violates this Agreement or applicable laws; and (c) maintaining
necessary computer equipment and Internet connections for use of Axon Evidence. If Agency becomes
aware of any violation of this Agreement by an end-user, Agency will immediately terminate that end
user's access to Axon Evidence.
Agency is also responsible for maintaining the security of end-user names and passwords and taking
steps to maintain appropriate security and access by end-users to Agency Content. Login credentials
are for Agency internal use only and Agency may not sell, transfer, or sublicense them to any other entity
or person. Agency may download the audit log at any time. Agency shall contact Axon immediately if an
unauthorized third party may be using Agency's account or Agency Content or if account information is
lost or stolen.
7 Privacy. Your use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a current
version of which is attached as Attachment B. Agency agrees to allow Axon access to Non-Content Data
from Agency to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide,
develop, improve, and support current and future Axon products and related services; and (c) enforce
this Agreement or policies governing the use of Axon products.
Title: Axon Enterprise, Inc.1s TASER Energy Weapon Agreement
Department: Legal
Version: 3.0
Release Date: 8/18/2023
Page 5 of 36
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J\AXON Axon Enterprise, lnc.'s TASER
Energy Weapon Agreement
8 Storage. Axon may place Agency Content that Agency has not viewed or accessed for six (6) months
into archival storage. Agency Content in archival storage will not have immediate availability and may
take up to twenty-four (24) hours to access.
9 Location of Data Storage. Axon may transfer Agency Content to third party subcontractors for storage.
Axon will determine the locations of data centers where Agency Content will be stored. Axon will ensure
all Agency Content stored in Axon Evidence remains within the country the Agency is located. Ownership
of Agency Content remains with Agency.
10 Suspension. Axon may suspend Agency access or any end-user's right to access or use any portion
or of Axon Evidence immediately upon notice, if:
10.1. The Termination provisions of the TASER 7 or TASER 10 Terms and Conditions apply;
10.2. Agency or an end-user's use of or registration for Axon Evidence (i) poses a security risk to
Axon Evidence or any third party, (ii) may adversely impact Axon Evidence or the systems or
content of any other customer, (iii) may subject Axon, Axon's affiliates, or any third party to
liability, or (iv) may be fraudulent;
Agency remains responsible for all fees incurred through the date of suspension without any credits for
any period of suspension. Axon will not delete any of Agency Content on Axon Evidence due to
suspension, except as specified elsewhere in this Agreement.
11 Axon Evidence Warranty. Axon warrants that Axon Evidence will not infringe or misappropriate any
patent, copyright, trademark, or trade secret rights of any third party. Axon disclaims any warranties or
responsibility for data corruption or errors before the data is uploaded to Axon Evidence.
12 Axon Evidence Restrictions. All Axon Evidence subscriptions will immediately terminate if Agency
does not comply with any term of this Agreement. Agency and Agency end-users (including employees,
contractors, agents, officers, volunteers, and directors), may not, or may not attempt to:
12.1. copy, modify, tamper with, repair, or create derivative works of any part of Axon Evidence;
12.2. reverse engineer, disassemble, or decompile Axon Evidence or apply any other process to
derive any source code included in Axon Evidence, or allow any others to do the same;
12.3. access or use Axon Evidence with the intent to gain unauthorized access, avoid incurring fees
or exceeding usage limits or quotas;
12.4. use trade secret information contained in Axon Evidence, except as expressly permitted in this
Agreement;
12.5. access Axon Evidence to build a competitive product or service or copy any features, functions,
or graphics of Axon Evidence;
12.6. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright
and trademark notices) of Axon's or Axon's licensors on or within Axon Evidence; or
12.7. use Axon Evidence to store or transmit infringing, libelous, or otherwise unlawful or tortious
material, material in violation of third-party privacy rights, or malicious code.
13 After Termination. Axon will not delete Agency Content for ninety (90) days following termination.
During these ninety (90) days, Agency may retrieve Agency Content only if all amounts due have been
paid. There will be no application functionality of Axon Evidence during these ninety (90) days other than
the ability to retrieve Agency Content. Agency will not incur any additional fees if Agency Content is
downloaded from Axon Evidence during these ninety (90) days. Axon has no obligation to maintain or
provide any Agency Content after these ninety (90) days and will thereafter, unless legally prohibited
delete all of Agency Content stored in Axon Evidence. Upon request, Axon will provide written proof that
all Agency Content has been successfully deleted and fully removed from Axon Evidence.
14 Post-Termination Assistance. Axon will provide Agency with the same post-termination data retrieval
assistance that Axon generally makes available to all customers. Requests for Axon to provide additional
assistance in downloading or transferring Agency Content, including requests for Axon's Data Egress
Services, will result in additional fees and Axon will not warrant or guarantee data integrity or readability
in the external system.
Title: Axon Enterprise, Inc. 's TASER Energy Weapon Agreement
Department: Legal
Version: 3.0
Release Date: 8/18/2023
Page 6 of 36
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Axon Enterprise, lnc.'s TASER
Energy Weapon Agreement
15 U.S. Government Rights. If Agency is a U.S. Federal department or using Axon Evidence on behalf of
U.S. Federal department, Axon Evidence is provided as a "commercial item," "commercial computer
software," "commercial computer software documentation," and "technical data," as defined in the
Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Agency is
using Axon Evidence on behalf of the U.S. Government and these terms fail to meet the U.S.
Government's needs or are inconsistent in any respect with federal law, Agency will immediately
discontinue the use of Axon Evidence.
16 Survival. Upon any termination of this Agreement, the following sections will survive: Agency Owns
Agency Content, Storage, Axon Evidence Warranty, and Axon Evidence Restrictions.
Title: Axon Enterprise, Inc.'s TASER Energy Weapon Agreement
Department: Legal
Version: 3.0
Release Date: 8/18/2023
Page 7 of 36
DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE9B-EA32E62A 1 F67
J)AXON Axon Enterprise, lnc.'s TASER
Energy Weapon Agreement
Axon Customer Experience Improvement Program Appendix
1 Axon Customer Experience Improvement Program (ACEIP). The ACEIP is designed to accelerate
Axon's development of technology, such as building and supporting automated features, to ultimately
increase safety within communities and drive efficiency in public safety. To this end, subject to the
limitations on Axon as described below, Axon, where allowed by law, may make limited use of Agency
Content from all of its customers, to provide, develop, improve, and support current and future Axon
products (collectively, "ACEIP Purposes"). However, at all times, Axon will comply with its obligations
pursuant to the Axon Cloud Services Terms of Use Appendix to maintain a comprehensive data security
program (including compliance with the CJIS Security Policy for Criminal Justice Information), privacy
program, and data governance policy, including high industry standards of de-identifying Personal Data,
to enforce its security and privacy obligations for the ACEIP. ACEIP has 2 tiers of participation, Tier 1
and Tier 2. By default, Agency will be a participant in ACEI P Tier 1. If Agency does not want to participate
in ACEIP Tier 1, Agency can revoke its consent at any time. If Agency wants to participate in Tier 2, as
detailed below, Agency can check the ACEIP Tier 2 box below. If Agency does not want to participate
in ACEIP Tier 2, Agency should leave box unchecked. At any time, Agency may revoke its consent to
ACEIP Tier 1, Tier 2, or both Tiers.
1.1 ACEIPTier1.
1.1.1. When Axon uses Agency Content for the ACEI P Purposes, Axon will extract from
Agency Content and may store separately copies of certain segments or elements
of the Agency Content (collectively, "ACEIP Content"). When extracting ACEIP
Content, Axon will use commercially reasonable efforts to aggregate, transform or
de-identify Agency Content so that th e extracted ACEIP Content is no longer
reasonably capable of being associated with, or could reasonably be linked directly
or indirectly to a particular individual ("Privacy Preserving Technique(s)"). For
illustrative purposes, some examples are described in footnote 11. For clarity,
ACEIP Content will still be linked indirectly, with an attribution, to the Agency from
which it was extracted. This attribution will be stored separately from the data itself,
but is necessary for and will be solely used to enable Axon to identify and delete all
ACEIP Content upon Agency request. Once de-identified, ACEIP Content may then
be further modified, analyzed, and used to create derivative works. At any time,
Agency may revoke the consent granted herein to Axon to access and use Agency
Content for ACEIP Purposes. Within 30 days of receiving the Agency's request,
Axon will no longer access or use Agency Content for ACEIP Purposes and will
delete any and all ACEIP Content. Axon will also delete any derivative works which
may reasonably be capable of being associated with, or could reasonably be linked
directly or indirectly to Agency. In addition, if Axon uses Agency Content for the
ACEIP Purposes, upon request, Axon will make available to Agency a list of the
specific type of Agency Content being used to generate ACEIP Content, the
purpose of such use, and the retention, privacy preserving extraction technique,
and relevant data protection practices applicable to the Agency Content or ACEIP
Content ("Use Case"). From time to time, Axon may develop and deploy new Use
Cases. At least 30 days prior to authorizing the deployment of any new Use Case,
Axon will provide Agency notice (by updating the list of Use Case at
https://www.axon.com/aceip and providing Agency with a mechanism to obtain
1 For example; (a) when extracting specific text to improve automated transcription capabilities, text that could be used
to directly identify a particular individual would not be extracted, and extracted text would be disassociated from
identifying metadata of any speakers, and the extracted text would be split into individual words and aggregated with
other data sources (including publicly available data) to remove any reasonable ability to link any specific text directly
or indirectly back to a particular individual; (b) when extracting license plate data to improve Automated License Plate
Recognition (ALPR) capabilities, individual license plate characters would be extracted and disassociated from each
other so a complete plate could not be reconstituted, and all association to other elements of the source video, such
as the vehicle, location, time, and the surrounding environment would also be removed; (c) when extracting audio of
potential acoustic events (such as glass breaking or gun shots), very short segments (<1 second) of audio that only
contains the likely acoustic events would be extracted and all human utterances would be removed.
Title: Axon Enterprise, Inc.'s TASER Energy Weapon Agreement Page 8 of 36
Department: Legal
Version: 3.0
Release Date: 8/18/2023
DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE9B-EA32E62A 1 F67
-'~AXON Axon Enterprise, lnc.'s TASER
Energy Weapon Agreement
notice of that update or another commercially reasonable method to Agency
designated contact) ("New Use Case").
1.1.2. Expiration of ACEIP Tier 1. Agency consent granted herein, will expire upon
termination of the Agreement. In accordance with section 1.1.1, within 30 days of
receiving the Agency's request, Axon will no longer access or use Agency Content
for ACEIP Purposes and will delete ACEIP Content. Axon will also delete any
derivative works which may reasonably be capable of being associated with, or
could reasonably be linked directly or indirectly to Agency.
1.2 ACEIP Tier 2. In addition to ACEIP Tier 1, if Agency wants to help further improve Axon's
services, Agency may choose to participate in Tier 2 of the ACEIP. ACEIP Tier 2, grants Axon
certain additional rights to use Agency Content, in addition to those set forth in Tier 1 above,
without the guaranteed deployment of a Privacy Preserving Technique to enable product
development, improvement, and support that cannot be accomplished with aggregated,
transformed or de-identified data.
□ Check this box if Agency wants to help further improve Axon's services by participating in
ACEIP Tier 2 in addition to Tier 1. By checking this box, Agency hereby agrees to the Axon
Customer Experience Improvement Program Tier 2 Terms of Service, available at
https://www.axon.com/sales-terms-and-conditions and incorporated herein by reference.
Title: Axon Enterprise, Inc.'s TASER Energy Weapon Agreement
Department: Legal
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Professional Services Appendix
If any of the professional services specified below are included on the Quote, this Appendix applies.
1 Utilization of Services. Agency must use pre-paid professional services as outlined in the Quote and this
Appendix within six (6) months of the Effective Date.
System set up and configuration
• Configure Axon Evidence categories & custom roles based on Agency need.
• Troubleshoot IT issues with Axon Evidence.
• Register users and assign roles in Axon Evidence.
• For the CEW Full Service Package: On-site assistance included
• For the CEW Starter Packa e: Virtual assistance included
Dedicated Project Manager
Assignment of specific Axon representative for all aspects of planning the rollout (Project Manager). Ideally,
Project Manager will be assigned to Agency 4-6 weeks before rollout
Best practice implementation planning session to:
• Provide considerations for the establishment of CEW policy and system operations best practices
based on Axon's observations with other agencies
• Discuss the importance of enteri ng metadata and best practices for digital data management
• Provide referrals to other agencies using TASER CEWs and Axon Evidence
• For the CEW Full Service Package: On-site assistance included
• For the CEW Starter Packa e: Virtual assistance included
System Admin and troubleshooting training sessions
On-site sessions providing a step-by-step explanation and assistance for Agency's configuration of security,
roles & permissions, categories & retention, and other specific settings for Axon Evidence
Axon Evidence Instructor training
• Provide train ing on the Axon Evidence to educate instructors wh o can support Agency's subsequent
Axon Evidence training needs.
• For the CEW Full Service Package: Training for up to 3 individuals at Agency
• For the CEW Starter Packa e: Trainin for u to 1 individual at A enc
TASER CEW inspection and device assignment
Axon's on-site professional services team will perform functions check on all new TASER CEW Smart
weapons and assign them to a user on Axon Evidence.
Post go-live review
For the CEW Full Service Package: On-site assistance included.
For the CEW Starter Package: Virtual assistance included.
3 Smart Wea on Transition Service. The Smart Wea on Transition Service includes:
Archival of CEW Firing Logs
Axon's on-site professional services team will upload CEW firing logs to Axon Evidence from all T ASER
CEW Smart Wea ons that A enc is re lacin with newer Smart Wea on models.
Return of Old Weapons
Axon's on-site professional service team will ship all old weapons back to Axon's headquarters.
Axon will rovide A enc with a Certificate of Destruction
*Note: CEW Full Service packages for T ASER 7 or TASER 10 include Smart Weapon Transition Service instead
of 1-Day Device Specific Instructor Course.
4 VR Services Package. VR Service includes advance remote project planning and configuration
support and one (1) day of on-site service and a professional services manager to work with Agency
to assess Agency's deployment and determine which Services are appropriate. The VR Service
Title: Axon Enterprise, Inc. 's TASER Energy Weapon Agreement
Department: Legal
Version: 3.0
Release Date: 8/18/2023
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traininq options include:
Axon Enterprise, lnc.'s TASER
Energy Weapon Agreement
System set up and configuration (Remote Support) . Instructor-led setup of Axon VR headset content . Configure agency settings based on Agency need . Troubleshoot IT issues with Axon VR headset
Axon instructor training (Train the Trainer)
Training for up to five (5) Agency's in-house instructors who can support Agency's Axon VR CET and SIM
traininq needs after Axon's has fulfilled its contracted on-site obliqations
Classroom and practical training sessions
Step-by-step explanation and assistance for Agency's configuration of Axon VR CET and SIM functionality,
basic operation, and best practices
5 Axon Air, On-Site Training. Axon Air, On-Site training includes advance remote project planning and
configuration support and one (1) day of on-site Services and a professional services manager to work
closely with Agency to assess Agency's deployment and determine which Services are appropriate. If
Agency requires more than one (1) day of on-site Services, Agency must purchase additional on-site
Services. The Axon Air, On-Site training options include:
6
7
8
9
System set up and configuration (Remote Support) . Instructor-led setup of Axon Air App (ASDS) . Configure agency settings based on Agency need . Configure drone controller . Troubleshoot IT issues with Axon Evidence
Axon instructor training (Train the Trainer)
Training for Agency's in-house instructors who can support Agency's Axon Air and Axon Evidence
training needs after Axon's has fulfilled its contracted on-site obligations
Classroom and practical training sessions
Step-by-step explanation and assistance for Agency's configuration of Axon Respond+ livestreaming
functionality, basic operation, and best practices
Axon Air, Virtual Training. Axon Air, Virtual training includes all items in the Axon Air, On-Site
Training Package, except the practical training session, with the Axon Instructor training for up to four
hours virtually.
Signal Sidearm Installation Service.
7.1. Purchases of 50 SSA units or more: Axon will provide one day of on-site service and one
professional services manager and will provide train the trainer instruction, with direct
assistance on the first of each unique holster/mounting type. Agency is responsible for
providing a suitable work/training area.
7.2. Purchases of less than 50 SSA units: Axon will provide a 1-hour virtual instruction session
on the basics of installation and device calibration.
Out of Scope Services. Axon is only responsible to perform the professional services described in the
Quote and this Appendix. Any additional professional services are out of scope. The Parties must
document scope changes in a written and signed change order. Changes may require an equitable
adjustment in the charges or schedule.
Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m . to 5:30 p.m., except
holidays. Axon will perform all on-site tasks over a consecutive timeframe. Axon will not charge Agency
travel time by Axon personnel to Agency premises as work hours.
10 Access Computer Systems to Perform Services. Agency authorizes Axon to access relevant Agency
computers and networks, solely for performing the Services. Axon will work to identify as soon as
reasonably practicable resources and information Axon expects to use and will provide an initial itemized
Title: Axon Enterprise, Inc.1s TASER Energy Weapon Agreement
Department: Legal
Version: 3.0
Release Date: 8/18/2023
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Energy Weapon Agreement
list to Agency. Agency is responsible for and assumes the risk of any problems, delays, losses, claims,
or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials,
and information supplied by Agency.
11 Site Preparation. Axon will provide a hardcopy or digital copy of current user documentation for the
Devices ("User Documentation"). User Documentation will include all required environmental
specifications for the professional services and Devices to operate per the Device User Documentation.
Before installation of Devices (whether performed by Agency or Axon), Agency must prepare the
location(s) where Devices are to be installed ("Installation Site") per the environmental specifications
in the Device User Documentation. Following installation, Agency must maintain the Installation Site per
the environmental specifications. If Axon modifies Device User Documentation for any Devices under
this Agreement, Axon will provide the update to Agency when Axon generally releases it.
12 Acceptance. When Axon completes professional services, Axon will present an acceptance form
("Acceptance Form") to Agency. Agency will sign the Acceptance Form acknowledging completion. If
Agency reasonably believes Axon did not complete the professional services in substantial conformance
with this Agreement, Agency must notify Axon in writing of the specific reasons for rejection within seven
(7) calendar days from delivery of the Acceptance Form. Axon will address the issues and re-present
th e Acceptance Form for signature. If Axon does not receive the signed Acceptance Form or written
notification of reasons for rejection within seven (7) calendar days of delivery of the Acceptance Form,
Axon will deem Agency to have accepted the professional services.
13 Agency Network. For work performed by Axon transiting or making use of Agency's network, Agency
is solely responsible for maintenance and functionality of the network. In no event will Axon be liable for
loss, damage, or corruption of Agency's network from any cause.
Title: Axon Enterprise, Inc.'s TASER Energy Weapon Agreement
Department: Legal
Version : 3.0
Release Date: 8/18/2023
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J~AXON Axon Enterprise, lnc.'s TASER
Energy Weapon Agreement
TASER 10 Appendix
This TASER 10 Appendix applies to Agency's TASER 10, OSP 10, OSP Plus, or OSP 10 Plus Premium purchase
from Axon, if applicable.
1. Duty Cartridge Replenishment Plan. If the Quote includes "Duty Cartridge Replenishment Plan", Agency
must purchase the plan for each CEW user. A CEW user includes officers that use a CEW in the line of duty
and those that only use a CEW for training. Agency may not resell cartridges received. Axon will only replace
cartridges used in the line of duty.
2. Training. If the Quote includes a training voucher, Agency must use the voucher within one (1) year of
issuance, or the voucher will be void. Axon will issue Agency a voucher annually beginning on the start of
the TASER Subscription Term. The voucher has no cash value. Agency cannot exchange it for another device
or service. Unless stated in the Quote, the voucher does not include travel expenses and will be Agency's
responsibility. If the Quote includes Axon Online Training or Virtual Reality Content Empathy Development
for Autism/Schizophrenia (collectively, "Training Content"), Agency may access Training Content. Axon will
deliver all Training Content electronically.
3. Extended Warranty. If the Quote includes an extended warranty, the extended warranty coverage period
warranty will be for a five-(5-) year term, which includes the hardware manufacturer's warranty plus the four-
(4-) year extended term.
4. Trade-in. If the Quote contains a discount on CEW-related line items, including items related to OSP, then
that discount may only be applied as a trade-in credit, and Agency must return used hardware and
accessories associated with the discount ("Trade-In Units") to Axon. Agency must ship batteries via ground
shipping. Axon will pay shipping costs of the return. If Axon does not receive Trade-In Units within the
timeframe below, Axon will invoice Agency the value of the trade-in credit. Agency may not destroy Trade-In
Units and receive a trade-in credit.
Agency Size Days to Return from Start Date of TASER 10 Subscription
Less than 100 officers 60 days
100 to 499 officers 90 days
500+ officers 180 days
5. TASER 10 Subscription Term. The TASER 10 Subscription Term for a standalone TASER 10 purchase
begins on shipment of the TASER 1 O hardware. The TASER 10 Subscription Term for OSP 10 begins on the
OSP 10 Start Date.
6. Access Rights. Upon Axon granting Agency a TASER 10 Axon Evidence subscription, Agency may access
and use Axon Evidence for the storage and management of data from TASER 10 CEW devices during the
TASER 10 Subscription Term. Agency may not exceed the number of end users the Quote specifies.
7. Agency Warranty. Agency warrants and acknowledges that TASER 10 is classified as a firearm and is
being acquired for official Agency use pursuant to a law enforcement agency transfer under the Gun
Control Act of 1968.
8. Purchase Order. To comply with applicable laws and regulations, Customer must provide a purchase
order to Axon prior to shipment of TASER 10.
9. Apollo Grant (US only). If Agency has received an Apollo Grant from Axon, Agency must pay all fees in
the Quote prior to upgrading to any new TASER CEW offered by Axon.
Title: Axon Enterprise, Inc.'s TASER Energy Weapon Agreement
Department: Legal
Version: 3.0
Release Date: 8/18/2023
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Energy Weapon Agreement
Attachment A -Axon Online Support
Platforms Terms of Use
PLEASE READ THESE AXON COMMUNITY TERMS OF USE ("Agreement") CAREFULLY BEFORE USING AXON
COMMUNITY ACCOUNT. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE SERVICE AND
CREATION OF YOUR ACCOUNT. THE SERVICE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT
YOU AGREE TO THE TERMS OF USE SET FORTH BELOW WHICH CONSTITUTE THIS AGREEMENT. IF YOU DO
NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE SERVICE OR CREATE AN ACCOUNT.
BY ACCESSING OR USING THE WEBSITE OR CREATING AN ACCOUNT, YOU AND THE ENTITY YOU ARE
AUTHORIZED TO REPRESENT ("You" OR "Your") SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS
OF USE.
Applicability for Customers with Master Services Purchasing Agreement
Unless otherwise provided in this Policy, if the entity such as a business or agency, ("Customer") that authorizes
your use of this service has a Master Services Purchasing Agreement including the Axon Online Support
Platforms Terms of Use Appendix, or other similar agreement, if any, with Axon and Customer ("Agreement")
the terms of this agreement govern your use of this service.
1. Personal Information. Your submission of information, including any login credentials or other
information that you provide in registering ( collectively, "Registration Information"), to or through the Service
is governed by the Axon Online Support Platforms Privacy Policy, as updated by Axon from time to time,
currently available at https: //www.axon.com/legal/axon-online-support-platforms-privacy-policy ("Privacy
Policy"). In addition, any information you submit to or through the Service, including Registration Information,
may be collected in, transferred to and stored in the U.S. and/or other countries where Axon or its affiliates or
service providers operate. You represent and warrant that you will be responsible for the accuracy,
completeness, quality and legality of any information you provide in connection with the Service, including
Registration Information, the means by which you acquired such information, and your use of such information
in connection with the Service. Your first name, last name, profile picture, location and other information you
provide in connection with the Service, including Registration Information, may be publicly displayed,
including on any profile page or in connection with your activities. Certain of your information or activities in
connection with your use of the Service may be publicly displayed or otherwise viewable by others. Axon may
use or disclose your information in accordance with the Privacy Policy.
2. Service Account. Access to and use of certain additional functions and/or benefits of the Service is subject
to the creation of an account with Axon ("Axon Account"). You are solely responsible for maintaining the
confidentiality and security of your Axon Account and all user identifications, passwords, authentication codes
or other security devices or procedures ( collectively, "Password"). We are not responsible for any losses arising
out of the unauthorized use of your Axon Account. We reserve the right to suspend your access to the Service
and change ( or require you to change) your Password at any time. Any use of your Axon Account with your
Password is deemed to be carried out by you. If any contact details (including without limitation, user name, e-
mail address and billing address) change, you agree to update your Account within 30 days of the change.
3. Submissions. You and other users of the Service may have the ability to make certain information, data,
content or other materials, including testimonials, reviews, posts, comments and other user-generated content,
pictures and documents available through or in connection with the Service ( each, a "Submission"), including
on profile pages or on the Service's interactive products or services, such as message boards and other forums,
and chatting, commenting and other messaging functionality. Submissions reflect only the opinions of the user
who made available the Submission and not the opinions of Axon, regardless of whether the user is affiliated
with Axon. Any Submissions made available through any message board or forum in response to posted
questions, or that otherwise purports to answer any questions, are made available for your general knowledge
only and should never be relied upon as answers to your specific questions ( even if an answer is marked as a
Title: Axon Enterprise, Inc. 's TASER Energy Weapon Agreement
Department: Legal
Version: 3.0
Release Date: 8/18/2023
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'~AXO N Axon Enterprise, lnc.'s TASER
Energy Weapon Agreement
"best" answer or with any similar qualifications). You should always contact Axon support for answers to your
specific questions. Axon has no control over Submissions and is not responsible for any use or misuse
(including any distribution) by any third party of Submissions.
4. Ownership.
4.1. Submissions. Except as otherwise stated in this Agreement, you retain ownership of your Submissions,
and for each such Submission, you hereby grant to Axon, to the maximum extent permitted under applicable
law, a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully
sublicensable license, without compensation to you or any third party, to reproduce, distribute, perform and
display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and
exploit such Submission, in any format or media now known or hereafter developed, and for any purpose
(including marketing or promotional purposes, such as testimonials).
4.2. Feedback. You may submit reviews, comments, or other feedback on the Service either as part of your
Axon Account or in the public forums. Any comments, suggestions, or fee_dback relating to the Service or Axon's
products ( collectively, "Feedback") submitted to Axon becomes the property of Axon. Axon will not be required
to treat any Feedback as confidential and will not be liable for any ideas or Axon's use of the Feedback. Axon
will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature
everywhere and will be entitled to use the Feedback for any purpose whatsoever, without compensation to you
or any other person sending the Feedback. You acknowledge that you are responsible for whatever material
you submit, and you, not Axon, have full responsibility for the message, including its legality, reliability, and
appropriateness, originality, and copyright.
5. Prohibited Uses. The following are Prohibited Uses by you:
5.1. Posting unlawful or harmful content. Upload, post, email, transmit, or make available any content that
is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive
of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
5.2. Uploading malicious content. You may not upload, post, email, transmit or otherwise make available any
material that contains software viruses or any other computer code, files or programs designed to interrupt,
destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
5.3. Unauthorized transmission or display of service content. You may not copy, display, distribute,
download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or
otherwise use any content of the Service for public or commercial purposes.
5.4. Concealing the Origin of Your Inquiry or Posting to the Site. You may not forge headers or otherwise
manipulate identifiers in order to disguise the origin of any message or transmittal you send to Axon on or
through the Service. You may not pretend that you are, or that you represent, someone else, or impersonate
any other individual or entity.
5.5. Copy or Scrape Site Content. You may not use any "deep-link," "page-scrape," "robot," "spider," or other
automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access,
acquire, copy or monitor any portion of the Service or any content, or in any way reproduce or circumvent the
navigational structure or presentation of the Site or any content, to obtain
or attempt to obtain any materials, documents or information through any means not purposely made available
through the Site.
5.6. Inappropriately Gaining Access. You may not attempt to gain unauthorized access to the Service through
hacking, password mining or any other means or obtain or attempt to obtain any materials or information
through any means not intentionally made available through the Service.
Title: Axon Enterprise, Inc.'s TASER Energy Weapon Agreement
Department: Legal
Version: 3.0
Release Date: 8/18/2023
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Energy Weapon Agreement
5.7. Use not expressly authorized. Content from the Service may not be distributed in any way (including
"mirroring") to any other computer, server, website or other medium for publication or distribution or for any
commercial enterprise without Axon's express prior written authorization. You may not harass other users,
send them unsolicited messages for commercial prospecting purposes, use the Service for purposes of surveys,
competitions, pyramid selling, or similar operations, or for sending mass e-mails, spam, or any unsolicited
advertising or promotional items, for commercial purposes or otherwise.
5.8. Use incorrect information. You may not use incorrect information, use another user's Axon Account,
assume another person's identity, or present false credentials in order to disguise the origin of any content
transmitted through the Service. You may not impersonate any person or entity, including, but not limited to a
representative of Axon, or falsely state or otherwise misrepresent your affiliation with a person or entity.
5.9. Use that exceeds the scope of these Terms. If Axon notifies you that the manner in which you are using
the Service is a prohibited or unauthorized use, you may no longer use the Service for that particular purpose.
6. Termination. Axon may terminate or suspend your use of the Service or any portion of the Service at any
time and without prior notice in Axon's sole discretion. Immediately upon any such termination or suspension,
your right to use the applicable Service or portion of such Service will permanently or temporarily cease (as
applicable), and Axon may deactivate or delete your login credentials and account, and all associated
information, data, content or other materials, without any obligation to provide further access to those
materials. You may terminate your use of the Service at any time. Please note that deleting your Axon Acco unt
may not result in the deletion of all informatio n related to your Axon Account.
7. Content and Usage Data. Axon may monitor, evaluate, alter or remove Submissions, including to comply
with any of the terms of the Digital Millennium Copyright Act, the European Union E-Commerce Directive
2000/30/EC and other laws dealing with the removal of or limiting access to content. In addition, Axon may
track or analyze your access to or use of the Service,and may use and disclose to anyone information regarding
your access to and use of the Service, and the circumstances surrounding such access and use, for any reason
or purpose (including for diagnostic or marketing purposes), except to the extent set fo rth otherwise in the
Privacy Policy.
8. User Generated Content. Axon is not responsible for and does not support, approve, or sanction the
opinions, advice and/or recommendations displayed or sent by users on the Service and declines any
responsibility in this regard. You understand that by using the Service, you may be exposed to User Generated
Content ("UGC") that is offensive, indecent, or objectionable. We make no representations or warranties,
express or implied, as to the UGC or the accuracy and reliability of the UGC that you may access through the
Service. You agree that you must evaluate, and bear all risks associated with, the use of any UGC including any
reliance on the accuracy, completeness, or usefulness of the UGC and you acknowledge that you may not rely
on any UGC. You are solely responsible fo r your interactions with other users of the Service. Axon reserves the
right, but has no obligation, to monitor disputes between you and other users of the Service. Axon also reserves
the right to terminate your Axon Account and access to the Services ifwe determine, in our sole discretion, that
doing so is prudent. Axon reserves the right, without this constituting an obligation, to review content placed
on line, particularly on the public forums; and to remove any UGC from the Service at any time, without any
notice and for any reason, including but not limited to, content that violates this Agreement or is otherwise
objectionable, in our sole discretion. Axon furthermore reserves the right to define additional rules of conduct
and to place limits on the use of the Service.
9. Links to Other Sites. The Service may have links to other websites that are not operated, controlled or
maintained by Axon. The inclusion oflinks to other websites on the Service does not imply Axon's endorsement
or approval of the linked sites or their content. If you navigate away from the domain name of the Service, you
do so at your own risk. You should review the terms ofuse of each domain, including privacy and data gathering
practices, of any other website to which you navigate.
Title: Axon Enterprise, Inc. 's TASER Energy Weapon Agreement
Department: Legal
Version: 3.0
Release Date: 8/18/2023
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Energy Weapon Agreement
10. Limitation of Liability. THE SERVICE, INCLUDING THE CONTENT, UGC, AND INFORMATION FOUND
THEREON ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTY CONCERNING THE INFORMATION, SERVICES, OR
PRODUCTS OFFERED OR PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE AND ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-
INFRINGEMENT. IN NO EVENT WILL AXON OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, EACH
PARTY'S RESPECTIVE OFFICERS, DIRECOTRS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, AND
ASSIGNS, (each, an "Axon Party") BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THE
SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, FOR ANY INFORMATION, AND SERVICES
OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER
BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ANY AXON PARTY HAVE BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. UNDER NO CIRCUMSTANCES WILL ANY AXON PARTY BE LIABLE
IN ANY WAY FOR ANY UGC, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY UGC, OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THESE USE OF ANY UGC POSTED,
EMAILED OR OTHERWISE TRANSMITTED VIA THE SERVCE. THE AXON PARTIES ARE NOT RESPONSIBLE FOR
A USER'S MISUSE OR MISAPPROPRIATION OF ANY UGC YOU POST TO THE SERVICE.
11. Indemnification. To the maximum extent permitted under applicable law, you will indemnify, hold
harmless, and defend each Axon Party against all actions, claims, demands, suits, proceedings, deficiencies,
judgments, settlements, interest, awards, penalties, fines, costs, and expenses of all kinds (including, without
limitation, attorneys' fees) arising out of or relating to your use of, or activities in connection with, the Service
(including all Submissions).
12. Choice of Law; Venue. This Agreement shall be governed by, and construed in accordance with, the
substantive laws and judicial decisions of the State of Arizona, without regard to conflict of laws
principles. Venue for any controversy or proceeding, judicial or otherwise, instituted by either Axon or you
shall be laid in the United States in the applicable state or federal courts located in Maricopa County, Arizona.
You hereby irrevocably accept and submit to the exclusive in personam jurisdiction of such court with respect
to any such action, suit, or proceeding. If Axon or you institutes any legal suit, action, or proceeding against the
other party arising out of or relating to this Agreement, the prevailing party in the suit, action or proceeding
shall be entitled to receive, in addition to all other damages to which it may be entitled, the costs incurred by
such party in conducting the suit, action, or proceeding, including reasonable attorneys' fees and expenses and
court costs.
13. Changes to this Agreement. Axon may change this Agreement and any terms by posting a revised
Agreement at any applicable Axon website. Your use of any Service following any changes to this Agreement or
any applicable terms will constitute your acceptance of those changes to this Agreement and the terms, as
applicable. Such changes will not apply prior to your acceptance of the new terms. Axon may, at any time and
without liability, modify or discontinue all or part of any Service or offer opportunities to some or all Service
users. Any use of a Service is at your own risk, and you must comply with all applicable laws, rules and
regulations in doing so.
14. Miscellaneous. The Parties shall comply with all applicable laws, rules, regulations, including, without
limitation, the U.S. Department of Commerce Export Administration Regulations. This Agreement may not be
assigned by You without the prior written consent of Axon and any assignment in violation of this shall be null
and void. This Agreement does not create any agency in either Axon or you, and neither Axon or you has any
authority whatsoever to bind the other party in any transaction or make any representations on behalf of such
other party. Headings in this Agreement are for reference purposes only and will not be used in its construction
and/or interpretation. No waiver of any right or obligation under this Agreement shall be effective unless in
writing and signed by an authorized representative of the party intended to be bound. This Agreement contains
the entire agreement and understanding of you and Axon with respect to the subject matter of this Agreement,
Title: Axon Enterprise, Inc.'s TASER Energy Weapon Agreement
Department: Legal
Version: 3.0
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and supersedes all prior agreements or understandings, whether oral and written, with respect to such subject
matter. If fo r any reason a court of competent jurisdiction determines that any provision of this Agreement, or
portion thereof, is unenforceable, the remainder of this Agreement shall continue in full force and effect.
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Attachment B -Axon Cloud Services Privacy Policy
Last Updated: October 16, 2023
This Axon Cloud Services Privacy Policy ("Policy'') applies only to the
information that Axon Enterprise, Inc. ("Axon'') collects and you or your
employer (collectively, "Customer'') provide to Axon in connection with
Customer's use of Axon Cloud Services (as defined below). Axon's
marketing sites and other public websites are governed by the Axon
Privacy Policy. Usage of Axon Citizen is governed by the Axon Citizen
Privacy Policy.
Unless otherwise provided in this Policy, this Policy is subject to the terms
of the Master Services Purchasing Agreement, or other similar agreement,
if any, between Axon and Customer ("Agreement"). A concept or principle
covered in this Policy shall apply and be incorporated into all other
provisions of the Agreement in which the concept or principle is also
applicable, notwithstanding the absence of any specific cross-reference
thereto. All capitalized and defi ned term s referenced, but not defined, in
this Policy shall have the meanings assigned to them in the Agreement.
By using Axon Cloud Services, Customer acknowledges that
Customer has read and understands this Policy. Axon may occasionally
update this Policy. When Axon posts changes, Axon wil l revise the "last
updated" date at the top of th is page. Customer's continued use of Axon
Cloud Services will signify Customer's acknowledgement, and to the extent
allowed by law agreement and acceptance to any such changes.
Definitions
• "Axon Cloud Services" means Axon's web services hosted on
evidence.com including Axon Evidence, Axon Records, and Axon
Di spatch, and other related offerings, including, without limitation,
interactions between Axon Cloud Services and Axon Products (as
defined below).
• "Axon Products" means:
(1) Axon Cloud Services;
(2) devices sold by Axon (including, without limitation, conducted
energy weapons, cameras, sensors, and docking systems)
(collectively, "Axon Devices");
(3) other software offered by Axon (including, without limitation , Axon
Investigate, Axon Capture, Axon Evidence SYNC, Axon Device
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Manager, Axon View, Axon Interview, Axon Commander, Axon
Uploader XT, and Axon View XL) (collectively, "Axon Client
Appli cations"); and
(4) ancillary hardware, equipment, software, services, cloud-based
services , documentation, and software maintenance releases and
updates. Axon Products do not include any third-party applications,
hardware, warranties, or the 'my.evidence.com' services.
• "Customer Data" means:
(1) "Customer Content", which means data uploaded into, ingested
by, or created in Axon Cloud Services within Customer's tenant,
including , without limitation , media or multimedia uploaded into Axon
Cloud Services by Customer ("Evidence"); and
(2) "Non-Content Data", wh ich means:
(a) "Customer Entity and User Data", which means Personal Data
and non-Personal Data regarding Customer's Axon Cloud Services
tenant configuration and users;
(b) "Customer Entity and User Service Interaction Data" which means
data regarding Customer's interactions with Axon Cloud Services and
Axon Client Applications;
(c) "Service Operations and Security Data", which means data within
service logs, metrics and events and vulnerability data, including,
without limitation: (i) application, host, and infrastructure logs; (ii)
Axon Device and Axon Client Application logs; (iii) service metrics
and events logs; and (iv) web transaction logs;
(d) "Account Data", which means information provided to Axon during
sign-up, purchase, or administration of Axon Cloud Services,
including, without limitation, the name, address, phone number, and
email address Customer provides, as well as aggregated usage
information related to Customer's account and administrative data
associated with the account; and
(e) "Support Data", which means the information Axon collects when
Customer contacts or engages Axon for support, including, without
limitation, information about hardware, software, and other details
gathered related to the support incident, such as contact or
authentication information , chat session personalization , information
about the condition of the machine and the application when the fault
occurred and during diagnostics, system and registry data about
software installations and hardware configurations, and error-tracking
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Axon Enterprise, lnc.'s TASER
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For purposes of clarity, Cu stomer Content does not include Non-
Content Data, and Non-Content Data does not include Customer
Content.
• "Data Controller" means the natural or legal person, public
authority, or any other body which alone or jointly with others
determines the purposes and means of the processing of Personal
Data (as defined below).
• "Data Processor" means a natural or legal person, public authority
or any other body which processes Personal Data on behalf of the
Data Con troller.
• "Personal Data" means any information relating to an identified or
identifiable natural person. An identifiable natu ral person is one who
can be identified, directly or indirectly, in particular by reference to an
identifier such as a name, an identification number, location data, an
online identifier or to one or more factors specific to the physical,
physiological, genetic, mental, economic, cultural or social identity of
that natural person.
• "Processing" means any operation or set of operations which is
performed on Personal Data or on sets of Personal Data, whether or
not by automated means, such as collection, recording , organization,
structuring, storage, adaptation or alteration, retrieval, consultation,
use, disclosure by transmission, dissemination or otherwise making
available, alignment or combination, restriction, erasure or
destruction .
• "Sub-processor" means any third party engaged by the Data
Processor to assist in data processing activities that the Data
Processor is carrying out on behalf of the Data Controller.
Axon's Role
Axon is a Data Processor of Customer Content. Customer is a Data
Controller and contro ls and owns all right, title, and interest in and to
Customer Content and Axon obtains no rights to the Customer Content.
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Customer is solely responsible for the uploading, sharing, withdrawal,
management and deletion of Customer Content. Customer grants Axon
limited access to Customer Content solely to provide and support Axon
Cloud Services to and for Customer and Customer's end-users. Customer
represents and warrants to Axon that: (1) Customer owns Customer
Content; (2) and Customer Content, and Customer's end-users' use of
Customer Content and Axon Cloud Services, does not violate this Policy or
applicable data protection laws and regulations. Axon is not responsible for
Customer's privacy practices as a Data Controller. You should consult the
Privacy Policy of the relevant customer to review these.
Axon may also collect, control, and process Non-Content Data. Axon is a
Data Controller for Non-Content Data. Axon collects, controls, and
processes Non-Content Data to provide Axon Cloud Services and to
support the overall delivery of Axon Products including business,
operational, and security purposes. With Non-Content Data, Axon may
analyze and report anonymized an d aggregated data to communicate wi th
external and internal stakeholders. In regard to Customer Entity & User
Data, Axon is a Data Controller and Customer is an independent Data
Controller, not a joint Data Con troller.
Data Collection Purposes and Processing Activities
CU STO MER CONTENT
Axon will only use Customer Content to provide Customer Axon Cloud
Services. Axon will not use Customer Content fo r any advertising or similar
co mmercial purposes.
Axon peri odically upgrades or cha nges Axon Cl oud Se rv ices to provide
customers wi th new features and enhancements in alignment with the Axon
Ev idence Mai ntenance Schedule. Axon communicates such upgrades or
changes to customers one week prior to release via mechanisms outlined
in the Maintenance Schedule. Changes to Axon Cloud Services may
increase the capabilities of the service and ways in which Customer
Content can be processed .
NON-CONTENT DATA
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Non-Content Data includes data, configuration , and usage information
about customer's Axon Cloud Services tenant, Axon Devices, Axon Client
Applications, and users that is transmitted or generated when using Axon
Products. Non-Content Data includes the following:
Customer Entity And User Data
Customer Entity and User Data includes personal and non-personal data
regarding Customer's Axon Cloud Services tenant configuration and users.
Axon uses Customer Entity and User Data to: (1) provide Axon Cloud
Services, including, without limitation, user authentication and authorization
functionality; (2) improve the quality of Axon Products or provide enhanced
functionality and features; (3) contact Customer to provide information
about its account, tenant, subscriptions, billing, and updates to Axon Cloud
Services, including, without limitation, information about new features,
security and other technical issues; and (4) market our products or services
to Customer via email, by sending promotional
communication including targeted advertisements, or
presenting a Customer with relevant offers.
Customer cannot unsubscribe from non-promotional communications
but may unsubscribe from promotional communications at any time such as
by clicking on an unsubscribe button at the bottom of such
communications.
Customer Entity and User Service Interaction Data
Customer Entity and User Service Interaction Data includes data regarding
Customers' interactions with Axon Cloud Services and Axon Client
Applications. Axon uses Customer Entity and User Service Interaction Data
to improve the quality of Axon Products and provide enhanced functionality
and features.
Service Operations and Security Data
Axon uses Service Operations and Security Data to provide service
operations and monitoring.
Account Data
Axon uses Account Data to provide Axon Cloud Services, manage
Customer's accounts, market to, and communicate with Customer.
Support Data
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Axon uses Support Data to resolve Customer's support incident, and to
operate , improve, and personalize Axon Products. If Customer shares
Customer Content to Axon in a support scenario, the Customer Conten t wi ll
be treated as Support Data but will only be used for resolving support
incidents.
Axon may provide support through phone, email , or online chat. With
Customer's permission , Axon may use Guest Access ("GA") to temporarily
navigate Customer's Axon Cloud Service's tenant to view data in order to
resolve a support incident. Phone conversations, online chat sessions, or
GA sessions with Axon support professionals may be recorded and/or
monitored for efforts such as training, future support, and evidentiary
purposes.
International Data Transfers
Personal Data may be subject to international data transfers outside the
European Economic Area (EEA), United Kingdom, and Switzerland, which
will be regulated in accordance with the mechanisms set out in the GDPR,
UK-GDPR, and the Swiss FADP respectively, to safeguard the rights and
freedoms of the data subject and ensure a level of protection equivalent to
that required by European, United Kingdom, and Swiss regulations.
Axon complies with the EU-U.S. Data Privacy Framework (EU-U .S. DPF),
the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy
Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of
Commerce. Axon has certified to the U.S. Department of Commerce that it
adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S . DPF
Principles) with regard to the processing of personal data received from the
European Union in reliance on the EU-U.S. DPF and from the United
Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S.
DPF. Axon has certified to the U.S. Department of Commerce that it
adheres to the Swiss-U .S. Data Privacy Framework Principles (Swiss-U.S.
DPF Principles) with regard to the processing of personal data received
from Switzerland in reliance on the Swiss-U.S. DPF.
Axon is subject to the investigatory and enforcement powers of the United
States Federal Trade Commission regard ing compliance with the EU -U.S.
Data Privacy Framework (EU-U.S . DPF ) and the UK Extension to the EU -
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U.S. DPF , and the Swiss-U.S. Data Privacy Framework (Swiss-U .S. DPF ).
In complia nce with the EU-U.S. DPF , the UK Extension to the EU-U .S. DPF
and the Swiss-U.S. DP F, Axon commits to cooperate and comply
respectively with the advice of the panel established by the EU data
protection authorities (DPAs), the UK Information Commissioner's Office
(ICO) and the Gibraltar Regulatory Authority (GRA), and the Swiss Federal
Data Protection and Information Commissioner (FDPIC) with regard to
unresolved complaints concerning our handling of personal data received
in reliance on the EU-U.S . DPF, the UK Extension to the EU-U.S. DPF ,
and the Swiss-U.S. DPF. Under certain circumstances, you may also have
the right to invoke binding arbitration. Axon maintains contracts with third
parties with whom it shares Personal Data restricting their access, use and
disclosure of Personal Data in compliance with Axon's obligations under
the EU-U.S. DPF, the UK Extension to the EU -U.S. DPF , and the Swiss-
U.S. DPF, incl uding the onward tran sfe r provisi ons . Axon may be liable if
we fail to meet those obligations.
If there is any conflict between the terms in this Policy and the EU-U.S.
DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall
govern. To learn more about the Data Privacy Framework (DPF) program,
and to view our certification , please
visit https://www.dataprivacyframework.gov/.
We will not rely on the Swiss-US Data Privacy Framework until it enters
into force, but we adhere to its required commitments in anticipation of it
doing so. The Standard Contractual Clauses (SCC) issued by the
European Commission shall apply for international transfers of Personal
Data from Switzerland in the meantime.
To the extent the above mechanisms cannot be used to adequately
safeguard transfers outside the EEA, United Kingdom, or Switzerland,
Axon will pu t in place alternate safeguards, as appropriate (such as SCCs).
For more information about the international transfer of Personal Data by
Axon, please contact privacy@axon .com.
Server and Data Location
CUSTOMER CONTENT
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Axon offers Axon Cloud Services in numerous geographic regions. Before
creating an account in Axon Cloud Services, Customer determines where
Axon will store Customer Content by designating an economic area.
REGION ECONOMIC 3RD PARTY DATA CENTER INFRASTRUCTURE CODE AREA SUB-PROCESSORS LOCATION(S)
AU Southeast Asia Microsoft Azure Canberra, ACT
LA South America Microsoft Azure Sao Paulo, Brazil &
Texas, United States
CA canada Microsoft Azure Toronto, ON & Quebec
City, QC
Ireland
EU European Union Amazon Web Services *new customers will not
be odded to this region
EUR European Union Microsoft Azure Netherlands, Ireland
UK United Kingdom Microsoft Azure and London, England &
Amazon Web Services Cardiff, Wales
us United States Microsoft Azure and Texas, Virginia &
Amazon Web Services Oregon, United States
us United States Microsoft Azure Texas & Virginia, United
(Federal Region) States
ENT Global Microsoft Azure Washington &
Wyoming, United States
Axon ensures that all Customer Content in Axon Cloud Services remains
within the selected economic area, including, without limitation, all backup
data, replication sites, and disaster recovery sites. Customer selected
economic areas can be determined through review of Customer's Axon
Cloud Services URL. Customer URLs conform to
the <youragency>. <regioncode>.evidence.com scheme with the exception
of US customers where the scheme may exclude the region code and
is <youragency>.evidence.com. US Federal customers conform to the
scheme <youragency>. us. evidence. com
NON-CONTENT DATA
Customer Entity and User Data
Customer Entity and User Data is located in Customer's selected economic
area for Customer Content. Customer Entity and User Data may be copied
or transferred to the United States.
Customer Entity and User Service Interaction Data
Customer Entity and User Service Interaction Data is located in Customer's
selected economic area for Customer Content and the United States.
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Service Operations and Security Data
Service Operations and Security Data is located in Customer's selected
economic area for Customer Content and the United States.
Account Data and Support Data
Account and Support Data is located in the United States and may be
located in Customer's selected economic area for Customer Content.
Information Sharing
Axon may share data with its subsidiaries, service providers and other
partners to help us operate, including for providers to facilitate: (1) user
account management, authentication, analytics, and communication, (2)
product features, e.g . geolocation services, product development, and error
analytics, (3) customer service and support, and (4) security monitoring and
investigation.
In addition, Axon shares data with Axon's sub-processors as described in
the "Axon Sub-Processors" section below.
For more information about sharing of Personal Data by Axon, please
contact privacy@axon.com.
Axon Sub-Processors
Axon may rely on Sub-processors to provide or enhance Axon Products on
its behalf. Axon only permits Sub-processors to use Customer Content to
deliver to the Customer services that Axon offers. Axon prohibits Sub-
processors from using Customer Content for any other purpose. Ownership
of rights, titles and interest in and to Customer Content remain with
Customer.
Axon exercises commercially reasonable efforts in connection with
contractual obligations to ensure its Sub-processors are compliant with all
applicable data protection laws and regulations surrounding the Sub-
processors access and scope of work in connection with Customer
Content. Prior to onboarding Sub-processors, Axon audits the security and
privacy practices of Sub-processors to ensure Sub-processors prov ide a
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level of security and privacy appropriate to the scope of th eir services.
Axon maintai ns an up-to-date list of the names and locations of all Sub-
processors for Custom er Content here.
Axon will give Customer notice of any new Sub-processor. If you are a
current Axon Cloud Services customer with a data processing agreement in
place with Axon, you may subscribe here to receive notifications of a new
Sub-processor(s) before Axon authorizes any new Sub-processor to
process Customer Content in connection with the provision of your service.
TELECOMMUNICATION SUB-PROCESSORS
Axon Body 3 includes embedded cellular technologies used to connect to
telecommunication networks in order to provide connectivity between Axon
Body 3 and Axon Cloud Services. Cellular technologies enable Axon Aware
services. Customer's Axon Body 3 cameras will send data to the respective
Axon Cloud Services region selected telecommunications providers as
needed to enable cellular connectivity. Data includes Personal Data, such
as location data. For Axon Body 3, Axon manages all cellular registration
and account management associated to the cellular subscription. Personal
Data of Customer is not collected by Axon or telecommunications providers
for the purposes of cellular account management.
Outlined below are the telecommunication sub-processors. In regions
where there are more than one telecommunication sub-processor, Axon
will manage Customers Axon Body 3 cellular registration.
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REGION ECONOMIC AREA TELECOMMUNICATION
CODE SUB-PROCESSORS
AU Southeast Asia Telstra
LA South America TBD/TBA
CA Canada Tel us
EU/EUR European Union T-Systems
UK United Kingdom BTEE
us United States Verizon and AT&T (Fi rstNet)
us United States (Federal Region) Verizon and AT&T (FirstNet)
ENT Global Verizon and AT&T (FirstNet)
Customer URLs conform to
the <youragency>. <regioncode>.evidence.com scheme with the exception
of US customers where the scheme may exclude the region code and
is <youragency>.evidence.com. US Federal customers conform to the
scheme <youragency>. us. evidence. com
Required Disclosures
Axon will not disclose Customer Content except as required by any law or
regulation. If permitted, Axon will notify Customer if any disclosure request
is received for Customer Content so Customer may challenge or object.
Customer's Access and Choice
Customer Content
Customer can access Customer's tenant to manage Customer Content.
Axon will work with Customers to provide access to Personal Data that
Axon or Sub-processors hold. Axon will also take reasonable steps to
enable Customers to correct, amend, or delete Personal Data that is
demonstrated to be inaccurate.
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Non-Content Data
Axon Enterprise, lnc.'s TASER
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If at any time after registering an account on Axon Cloud Services you
desire to update Personal Data you have shared with us, change your mind
about sharing Personal Data with us, desire to cancel your Customer
account, or request that Axon no longer use provided Personal Data to
provide you services, please contact us at privacy@axon.com.
If you are in the European Economic Area, ("EEA"), United Kingdom
or Switzerland, you can consult Your Rights here.
Certain data processing can be adjusted by Customer based on Axon
Product usage, Customer network or device configuration, and
administrative settings made available with Axon Cloud Services or Axon
Client Applications:
Axon Body 3 WiFi Positioning
Axon Body 3 cameras offer customers a feature to enhance location
services where GPS/GNSS signals may not be available, for instance
within buildings or underground. Customer administrators can manage their
choice to use this service within the administrative features of Axon Cloud
Services. When WiFi Positioning is enabled, Non-Content and Personal
Data including location, device and network information data will be sent to
Skyhook Holdings, Inc (Skyhook) to facilitate the WiFi Positioning
functionality. Skyhook will act as both a data sub-processor (as reflected in
this Policy) and as a data controller. Skyhook becomes a data sub-
processor for Axon when Skyhook processes data from Axon Body 3
devices to determine a location. Skyhook acts a data controller when it
collects data sent from Axon Body 3 cameras to maintain their services and
to develop new products, services or datasets. Data controlled by Skyhook
is outside the scope of this Policy and is subject to the Skyhook Services
Privacy Policy.
Client Push Notifications
Axon Products leverage push notification services made available by
mobile operating system providers (i .e. Google's Cloud Messaging and
Apple 's Push Notification Service to deliver functional notifications to client
applications. Push notification services can be managed by leveraging
notification settings made available in both mobile applications and the
mobile operating system.
User Analytics
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Customers can opt-out of user analytics tracking on Axon Cloud Services
by disabling cookies or preventing Customer's browser or device from
accepting new coo kies. To prevent data from be ing collected by Mixpanel,
network or device access to *.mixpanel.com should be blocked
Service Support
Mobile client application crash analytics provide Axon personnel insight to
crashes when using Axon client applications. To opt out of crash reporting,
network or device access to *.crashlytics.com should be blocked.
Geolocation Services
Geolocation services are critical to proper user functionality of many Axon
products. However, customers can opt out of mapping and geolocation
functionality by blocking network or device access to *.mapbox.com and
*.arcgis on li ne.com
Data Security Measures
Axon is committed to help protect the security of Customer Data. Axon has
established and implemented policies, programs, and procedures that are
commercially reasonable and in compliance with applicable industry
practices, including administrative, technical and physical safeguards to
protect the confidentiality, integrity and security of Customer Content and
Non-Content Data against unauthorized access, use, modification,
disclosure or other misuse.
Axon will take appropriate steps to ensure compliance with the data
security measures by its employees, contractors and Sub-processors, to
the extent applicable to the respective scope of performance.
CONFIDENTIALITY
Customer Content and Non-Content Data is encrypted in transit over public
networks. Customer Content is encrypted at rest in all Axon Cloud Service
regions.
Axon protects all Customer Content and Non-Content Data with strong
logical access control mechanisms to ensure only users with appropriate
business needs have access to data. Third-party speciali zed security firms
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periodically validate access control mechanisms. Access control lists are
reviewed periodically by Axon.
INTEGRITY
As Evidence is ingested into Axon Cloud Services, a Secure Hash
Algorithm ("SHA") checksum is generated on the upload device and again
upon ingestion into Axon Cloud Services. If the SHA checksum does not
match, the upload will be reinitiated. Once upload of Evidence is
successful, the SHA checksum is retained by Axon Cloud Services and is
made viewable by users with access to the Evidence audit trail for the
specific piece of Evidence. Tamper-proof audit trails are created
automatically by Axon Cloud Services upon ingestion of any Evidence.
AVAILABILITY
Axon takes a comprehensive approach to ensure the availability of Axon
Cloud Services. Axon replicates Customer Content over multiple systems
to help to protect against accidental destruction or loss. Axon Cloud
Serv ices systems are designed to minimize single points of failure. Axon
has designed and regularly plans and tests its business continuity planning
and disaster recovery programs.
ISOLATION
Axon logically isolates Cu stom er Content. Customer Content for an
authenticated customer wil l not be displayed to another custom er (unless
Customers explicitly create a sharing relationship between their tenants or
shared data between themselves). Centralized authentication systems are
used across an Axon Cloud Service region to increase uniform data
security.
Additional ro le-based access control is leveraged withi n Customer's Axon
Cloud Serv ice tenant to define what users can interact wi th or access
Customer Content. Customer solely manages the ro le based access
control mechanisms within its Axon Cloud Services tenant.
Within the Axon Cloud Services supporting infrastructure , access is granted
based on the principle of least privilege. All access must be approved by
system owners and undergo at least quarterly user access reviews. Any
shared computing or networking resource will undergo extensive hardening
and is validated periodically to ensure appropriate isolation of Customer
Content.
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Non-Content Data is logically isolated within information systems such that
only appropriate Axon pe rsonn el have acce ss.
PERSONNEL
Axon personnel are required to conduct themselves in a manner consistent
with applicable law, the company's guidelines regarding confidentiality,
business ethics , acceptable usage, and professional standards. Axon
personnel must complete security training upon hire in addition to annual
and role-specific security train ing.
Axon personnel undergo an extensive background check process to the
extent legally permissible and in accordance with applicable local labor
laws and statutory regu lations. Axon personnel supporting Axon Cloud
Services are subject to additional rol e-specific secu rity clearances or
adjudication processes, including Cri minal Justice Information Services
background screening and national security clearances and vetting.
Data Breach
NOTIFICATION
If Axon becomes aware that Customer Data has been accessed, disclosed,
altered, or destroyed by an unlawful or unauthorized party, Axon will notify
relevant authorities (where required) and affected customers.
Within 48 hours of an incident confirmation, Axon will notify Customer
administrators registered on Axon Cloud Services. Authorities will be
notified through Axon's established channels and timelines. The notification
will reasonably explain known facts, actions that have been taken, and
make commitments regarding subsequent updates. Additional details are
available in the Axon Cloud Services Security Incident Handling and
Response Statement.
Data Portability, Migration, and Transfer Back Assistance
DATA PORTABILITY
Title: Axon Enterprise, Inc.'s TASER Energy Weapon Agreement
Department: Legal
Version: 3.0
Release Date: 8/18/2023
Page 33 of 36
DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE9B-EA32E62A 1 F67
-'~AXON Axon Enterprise, lnc.'s TASER
Energy Weapon Agreement
Evidence uploaded to Axon Cloud Services is retained in original format.
Evidence may be retrieved and downloaded by Customer from Axon Cloud
Services to move data to an alternative information system. Evidence audit
trails and system reports may also be downloaded in various industry-
standard, non-proprietary formats .
DATA MIGRATION
In the event Customer's access to Axon Cloud Services is terminated,
Axon will not delete any Customer Content during the 90 days following
termination. During this 90-day period, Customer may retrieve Customer
Content only if Customer has paid all amounts due (there will be no
application functionality of the Axon Cloud Services during this 90-day
period other than the ability for Customer to retrieve Customer Content).
Customer will not incur any additional fees if Customer downloads
Customer Content from Axon Cloud Services during this 90-day period.
Axon has no obligation to maintain or provide any Customer Content after
the 90-day period and thereafter, unless legally prohibited, may delete
Customer Content upon te rmination as part of normal retention and data
management instructions from customers. Upon written request, Axon will
provide written proof that all Customer Content has been successfully
deleted and removed from Axon Cloud Services.
POST-TERMINATION ASSISTANCE
Axon wi ll provide Customer with th e same post-terminatio n data retrieva l
assistance that is generally made available to all customers. Requests for
additional assistance to Customer in downloading or transferring Content
will result in additional fees and Axon cannot warrant or guarantee data
integrity or readability in the external systems.
Data Retention, Restitution, and Deletion
Axon maintains internal disaster recovery and data retention policies in
accordance with applicable laws and regulations. The disaster recovery
plan relates to Axon's data and extends to Axon Cloud Services and
Customer Content stored within. Axon's data retention policies relate to
Axon's Non-Content Data . Axon's data retention policies instruct for the
secure disposal of Non-Content Data when such data is no longer
necessary for the delivery and support of Axon product and services and in
accordance with applicable regulations . We will retain Non-Content Data
Title: Axon Enterprise, Inc. 's TASER Energy Weapon Agreement Page 34 of 36
Department: Legal
Version: 3.0
Release Date: 8/18/2023
DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE98-EA32E62A 1 F67
J)AXON Axon Enterprise, lnc.'s TASER
Energy Weapon Agreement
for as long as needed to provide you services, comply with our legal
obligations, resolve disputes, and enforce our agreements. As outlined
below, Customer is responsible for ad hering to its own retention policies
and procedures.
Evidence Retention
Customer defines Evidence retention periods pursuant to Customer's
internal retention policies and procedures. Customer can establish its
retention policies within Axon Cloud Services. Therefore, Customer
controls the retention and deletion of its Evidence within Axon Cloud
Services. Axon Cloud Services can automate weekly messages
summarizing upcoming agency-wide deletions to all customer Axon Cloud
Services administrators. Customer users can receive a weekly message
re garding Evidence uploaded with in th ei r user account to protect agai nst
accidental deletions. Customer can recover Evidence up to 7 days after
Customer queues such Evidence fo r deletion. After this 7-day grace period,
Axon Cloud Services initiates deletion of Evidence. Data deletion
processing may occur asynchronously across storage systems and data
centers. During and after data deletion processing, Evidence will not be
recovered or recoverable by any party.
Accountability
As outlined herein, Axon is committed to maintaining compliance with
relevant security and privacy standards to ensure the continued security,
availability, integrity, confidentiality, and privacy of Axon Cloud Services
and Cu stomer Data stored with in .
In addition to the security efforts outlined herein, Axon will maintain its
ISO/IEC 27001 :2013 certification or comparable assurances for Axon
Cloud Services. Customers may review the certificate.
Title: Axon Enterprise, Inc. 's TASER Energy Weapon Agreement
Department: Legal
Version: 3.0
Release Date: 8/18/2023
Page 35 of 36
DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE9B-EA32E62A 1 F67
Insurance
Axon Enterprise, lnc.'s TASER
Energy Weapon Agreement
Axon will maintain, during the term of the Agreement, a cyber-insurance
policy and will furnish certificates of insurance following Customer's written
request.
How to Contact Us
Axon commits to resolve complaints about Customer privacy and use of
Axon Products. Complaints surrounding this Policy can be directed to
Customer's local Axon representative or privacy@axon .com . If Customer
has any questions or concerns regarding privacy and security of Customer
Content or Axon's handling of Customer's Personal Data, please
contact privacy@axon.com.
If Customer is an European Union citizen, an United Kingdom citizen , or a
citizen of Switzerland and we are unable to satisfactorily resolve any
complaint or if Axon fails to acknowledge Customer's complaint in a timely
fashion, Customer can contact the relevant European Union Data
Protection Authorities (DPAs), United Kingdom Information Commissioners
Office (ICO), or the Switzerland Federal Data Protection and Information
Commissioner (FDPIC).
Title: Axon Enterprise, Inc.'s TASER Energy Weapon Agreement
Department: Legal
Version: 3.0
Release Date: 8/18/2023
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