Terms of Service

1. Acceptance of Terms

By creating an account, installing the VMSTools Pro Agent, or otherwise using the VMSTools Pro platform (the “Service”), you agree to be bound by these Terms of Service (these “Terms”). The Service is operated by OpenWare Pro LLC, a Colorado limited liability company (“OpenWare,” “we,” “us,” or “our”). If you are accepting these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, do not use the Service.

2. Description of Service

VMSTools Pro is a cloud-based software-as-a-service (SaaS) platform for remotely monitoring, managing, and maintaining Milestone XProtect video management systems. Information about the Service is published on our public website at vmstools.pro. The Service consists of:

(a) The VMSTools Pro Cloud Platform, accessible at app.vmstools.pro, which provides a web-based dashboard for system health monitoring, audit log intelligence, camera reporting, script management, video export initiation, system health check reporting, and community features;

(b) The VMSTools Pro Agent, a lightweight Windows application that installs on or near the customer’s Milestone XProtect Management Server(s) and Recording Server(s), maintains an outbound-only encrypted connection to the Cloud Platform, and executes PowerShell commands locally on behalf of the authenticated user; and

(c) The VMSTools Pro Tray Application, a companion system tray application that displays agent status and facilitates updates.

3. Accounts and Organizations

3.1. Account Creation

Access to the Service is by application (see Section 3.4). Submitting an application does not create an account. If your application is approved, we create your organization’s Tenant and an owner account, and send you an email link to set your password. You must provide accurate and complete information in your application and account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must promptly notify us of any unauthorized use of your account.

3.2. Organizations

Each account belongs to an organization (“Tenant”). The approved applicant is designated as the Tenant Owner and is responsible for managing team members, assigning roles (Owner, Admin, Operator, Viewer), and controlling access to the organization’s data and connected systems.

3.3. Managed Environments

You may connect one or more Milestone XProtect Management Servers to your Tenant by installing the VMSTools Pro Agent. Each connected Management Server and its associated Recording Servers constitute a managed environment within your Tenant.

3.4. Applications

OpenWare may approve, decline, or waitlist any application at its sole discretion. We do not guarantee access to the Service or any timeframe for a decision, and we may not notify every applicant of a decision.

3.5. Early Access

During early access, features of the Service may change, be limited, or be withdrawn. Service levels and support are as described in Section 15.3.

4. Agent Installation and Operation

4.1. Installation Consent

By installing the VMSTools Pro Agent on any computer system, you represent and warrant that you have the authority to install software on that system and to allow the Agent to perform the functions described herein. You are solely responsible for ensuring that the Agent’s installation and operation comply with your organization’s IT policies, change management procedures, and any applicable regulatory requirements.

4.2. Agent Architecture

The VMSTools Pro Agent operates as a Windows service. During routine operation, the Agent initiates and maintains an outbound-only encrypted WebSocket connection (WSS) to the VMSTools Pro Cloud Platform. It does not listen on any inbound ports, does not require VPN connectivity, and does not require any firewall modifications for inbound traffic. Tools you choose to run operate as described in Section 4.8.

4.3. PowerShell Execution

The Agent executes PowerShell scripts on the host system to collect telemetry, retrieve XProtect configuration data, generate reports, and perform management operations initiated by authorized users through the Cloud Platform. These scripts interact with the Milestone XProtect system via the MilestonePSTools PowerShell module and, where available, the XProtect REST API Gateway.

YOU ACKNOWLEDGE AND AGREE THAT THE AGENT EXECUTES SCRIPTS ON PRODUCTION SYSTEMS AND THAT SUCH EXECUTION CARRIES INHERENT RISKS, INCLUDING BUT NOT LIMITED TO POTENTIAL IMPACT ON SYSTEM PERFORMANCE, CONFIGURATION CHANGES, AND SERVICE INTERRUPTIONS.

4.4. Credential Handling

XProtect passwords are stored locally on the machine where the Agent is installed and are used by the Agent to authenticate with the local XProtect Management Server. XProtect passwords are never transmitted to, stored on, or accessible by the VMSTools Pro Cloud Platform. The Agent reports the name (not the password) of the XProtect account it signs in with, so that the Service can identify the Agent’s own activity in audit log views. None of the Service’s built-in reports or tools collect camera passwords. A custom script you write could gather them, and its output is Your Data under Section 4.8. You are responsible for managing the XProtect user account used by the Agent, including its permissions, password rotation, and security.

4.5. Telemetry Collection

During routine operation, the Agent collects and transmits system telemetry to the Cloud Platform at regular intervals (approximately every 60 seconds). Telemetry includes, but is not limited to: CPU utilization, memory usage, disk capacity and I/O performance, network throughput, running process information, the Agent host’s local and public network addresses, and XProtect-specific metrics such as camera status, recording server load, and storage allocation. To determine the public network address, the Agent contacts a third-party service (api.ipify.org) directly. Telemetry does not include video footage, passwords, or personally identifiable information derived from surveillance operations.

4.6. Updates

Agent updates may be initiated through the Cloud Platform or the Tray Application. Updates involve downloading a new Agent executable, stopping the current service, replacing the executable, and restarting the service. You may configure update preferences and are not required to accept updates immediately. However, we reserve the right to require minimum Agent versions for continued connectivity to the Cloud Platform.

4.7. Uninstallation

You may uninstall the Agent at any time using the uninstaller included with it. The uninstaller removes the Agent’s Windows service, scheduled tasks, program files, and local data, and lists anything it deliberately leaves in place, such as a Windows or XProtect account created for the Agent, which you may remove yourself. Uninstalling the Agent does not delete your account or Tenant data from the Cloud Platform.

4.8. Tools You Choose to Run

Beyond routine monitoring, the Service provides tools such as reports, scripts, video export, backups, and diagnostics. These tools act only when a user starts them, and each one shows what it will do. A tool may perform actions that routine operation does not, such as a network connectivity test. When you use a tool, you decide what data it gathers, where the results go, and whether they are saved. If you direct the Service to send or share content, such as sending a video export or file to a destination outside your network or sharing it with others, that content travels through our infrastructure as needed to carry out your request and is kept only for as long as you choose to keep it there. Content gathered, saved, sent, or shared using these tools is Your Data, and we handle it only to carry out your instructions. You are responsible for your choices about what data to gather, store, send, or share.

5. Your Data

5.1. Ownership

You retain ownership of all data generated by or collected from your systems through the Service, including telemetry data, audit log records, camera reports, health check reports, scripts you create, content gathered or saved using tools you run, and any other data associated with your Tenant (collectively, “Your Data”). We do not claim any intellectual property rights over Your Data.

5.2. License to Us

You grant us a limited, non-exclusive, worldwide license to store, process, transmit, and display Your Data solely for the purposes of providing, maintaining, and improving the Service. This license terminates when you delete Your Data or close your account, subject to the data retention provisions in Section 13.

5.3. Data Isolation

Your Data is logically isolated from other Tenants at the database level. All queries, API calls, and data operations are scoped to your Tenant. No other Tenant can access Your Data except as explicitly described in Sections 7 (Community Features) and 8 (AI Features), or as you direct when sharing content under Section 4.8.

5.4. Data Export

You may export Your Data at any time through the features available in the Service, including CSV export of audit logs and camera reports, PDF export of health check reports, and download of scripts as PowerShell files.

6. Acceptable Use

You agree not to:

(a) Use the Service for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation;

(b) Attempt to gain unauthorized access to other Tenants’ data, accounts, or connected systems;

(c) Interfere with or disrupt the Service or the servers and networks connected to the Service;

(d) Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service, the Cloud Platform, or the Agent;

(e) Use the Service to transmit viruses, malware, or other harmful code;

(f) Use the Script Editor or any other feature to execute scripts designed to damage, disable, or impair any system, whether your own or any other;

(g) Modify, adapt, or create derivative works based on the Service or any component thereof;

(h) Resell, redistribute, sublicense, or provide access to the Service to third parties except as expressly authorized by a separate written reseller or channel partner agreement with OpenWare; or

(i) Use the Community Chat or any other community feature to harass, abuse, threaten, or intimidate other users, or to post content that is unlawful, defamatory, obscene, or otherwise objectionable.

7. Community Features

7.1. Community Chat

The Service includes a cross-Tenant Community Chat feature that allows users from different organizations to communicate. Messages you post in Community Chat are visible to all users of the Service. You are solely responsible for the content of your messages.

7.2. Ideas and Bug Reports

The Service includes cross-Tenant features for submitting feature requests and bug reports. Content submitted through these features is visible to all users and to OpenWare.

7.3. Moderation

We reserve the right, but are not obligated, to monitor, edit, or remove any content posted through Community Features that we determine, in our sole discretion, violates these Terms, is harmful, offensive, or otherwise objectionable. We may suspend or terminate access to Community Features for users who violate these Terms.

7.4. License to Community Content

By posting content through Community Features, you grant OpenWare a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, and display such content in connection with the operation of the Service. You retain ownership of your original content.

8. Artificial Intelligence Features

8.1. AI-Powered Analysis

The Service incorporates artificial intelligence capabilities powered by third-party AI models (currently Anthropic’s Claude Sonnet). AI features include, but are not limited to: process advisory analysis, health check report writing, best practices comparison, and conversational system guidance.

8.2. Data Sent to AI Providers

When AI features are invoked, certain data is transmitted to the AI provider’s API for processing. This data may include: system hostnames, telemetry metrics (CPU, memory, disk, network), advisory flags, process names and resource consumption, XProtect configuration metadata, health check findings, and notes you add to a health check. We make reasonable efforts to exclude personally identifiable information, credentials, IP addresses, camera names, and video data from AI transmissions. Some AI features, such as the AI Advisor, show you the data used with each response.

8.3. AI Output Disclaimer

AI-generated content, including reports, recommendations, and advisory guidance, is provided for informational purposes only and may contain errors or inaccuracies. You are solely responsible for evaluating, verifying, and acting upon AI-generated recommendations. OpenWare does not guarantee the accuracy, completeness, or suitability of any AI-generated content. AI-generated content does not constitute professional engineering, security, or compliance advice.

8.4. Third-Party AI Terms

Your use of AI features is also subject to the applicable terms and usage policies of the AI provider. As of the date of these Terms, the AI provider is Anthropic, PBC, and the applicable policies are available at anthropic.com/policies. We may change AI providers at any time and will update this section accordingly.

9. Video Export

9.1.

Routine operation never accesses, transmits, or stores video. The Service allows you to initiate video exports from your XProtect system through the Cloud Platform. Video moves only when you use a tool such as Video Export, and only to the destination you choose. Exports to a destination on your own network are processed locally by the Agent and written directly to that destination. If you direct an export or share to a destination outside your network, Section 4.8 applies.

9.2.

You are solely responsible for compliance with all applicable laws and regulations governing the export, storage, sharing, and handling of video surveillance data, including but not limited to privacy laws, data protection regulations, and any industry-specific requirements (e.g., HIPAA, FERPA, CJIS).

10. SMS/MMS Notification Program

10.1. Program Name

VMSTools Pro Notifications.

10.2. Description

SMS and MMS messages are an optional delivery channel that customers can configure for notification rules they create about events on their own video surveillance systems. Customers choose which events from their own systems trigger a notification and select SMS or MMS as their preferred delivery method. Examples include camera offline alerts, recording server failures, scheduled report completions, backup job status updates, and motion event notifications (which may include an MMS snapshot from the customer’s own camera). This is not a marketing program — all messages are operational notifications about the customer’s own systems, configured by the customer themselves.

10.3. Message Frequency

Message frequency varies based on the notification rules each customer creates and the activity of their own systems. There is no fixed sending schedule. Customers control their message volume by the rules they configure.

10.4. Cost

Message and data rates may apply. Standard messaging rates from the customer’s mobile carrier apply to all SMS and MMS messages received from VMSTools Pro.

10.5. Help

Reply HELP to any message for assistance, or contact support at support@openware.pro.

10.6. Opt-Out

Reply STOP to any message to unsubscribe from all SMS and MMS notifications immediately. Customers can also disable SMS/MMS notifications at any time within the VMSTools Pro application under Account Settings → Notification Channels.

10.7. Carrier Liability

Carriers are not liable for delayed or undelivered messages.

10.8. Consent

By providing your mobile phone number and enabling SMS/MMS notifications in the platform, you consent to receive automated text messages from VMSTools Pro at the phone number you provide. Consent is not a condition of purchase or use of the Service.

11. XProtect Audit Log Processing

11.1.

The Service collects and stores XProtect audit log data transmitted by the Agent or via OpenTelemetry (OTLP) integration. Audit log records may include user actions within the XProtect system, such as login events, video playback activities, video exports, configuration changes, and search operations.

11.2.

Audit log data is stored in the VMSTools Pro Cloud Platform, isolated within your Tenant. Audit log records are currently kept for as long as your account exists. Configurable retention periods are coming. If you ask us for a shorter retention period before then, we will honor it. You are responsible for determining the retention period appropriate to your regulatory and compliance requirements.

11.3.

Audit log data may contain usernames, workstation identifiers, and timestamps associated with XProtect user actions. You are responsible for ensuring that the collection and storage of this data complies with your organization’s privacy policies and applicable data protection laws.

12. Scripts and Automation

12.1. Script Ownership

PowerShell scripts generated by the Service’s Workbench tools are provided to you as standalone, portable scripts. You own the output scripts and may use, modify, and distribute them without restriction. The underlying templates, algorithms, and code generation logic used to produce these scripts remain the intellectual property of OpenWare.

12.2. Script Execution Risks

Scripts executed through the Service or independently run on your systems at your own risk. OpenWare is not responsible for any damage, data loss, configuration changes, service interruptions, or other consequences resulting from the execution of any script, whether generated by the Service or created by you using the Script Editor. You are responsible for reviewing and testing all scripts before executing them on production systems.

13. Data Retention and Deletion

13.1.

We currently keep Your Data, including telemetry history, audit log records, and command results, for as long as your account exists. Configurable retention periods are coming. If you ask us for a shorter retention period before then, we will honor it.

13.2.

If you close your account, we will delete your personal information and Tenant data within thirty (30) days. Anonymized, aggregated usage analytics that cannot be used to identify you or your organization may be retained indefinitely.

13.3.

Upon account closure, we will make reasonable efforts to provide you with an opportunity to export Your Data before deletion. After the 30-day retention period, data deletion is permanent and irreversible.

14. Intellectual Property

14.1.

The Service, including the Cloud Platform, Agent, Tray Application, all software, code, algorithms, user interfaces, designs, documentation, trademarks, and other intellectual property associated with VMSTools Pro, are and shall remain the exclusive property of OpenWare Pro LLC. These Terms do not transfer any ownership interest in the Service to you.

14.2.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms for the duration of your account.

14.3.

VMSTools Pro is not affiliated with, endorsed by, or sponsored by Milestone Systems A/S. Milestone, XProtect, and related marks are trademarks of Milestone Systems. MilestonePSTools is a third-party open-source PowerShell module and is not a product of OpenWare.

14.4. Feedback

If you give us feedback, ideas, or suggestions about the Service, whether through Ideas and Bug Reports, Community Chat, email, or otherwise, OpenWare may use them without restriction and without any obligation or compensation to you. OpenWare owns any improvements to the Service that result from them.

15. Service Availability and Support

15.1.

We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable for maintenance, updates, or circumstances beyond our control.

15.2.

If the Cloud Platform becomes unavailable, your XProtect systems continue to operate normally. The Agent will automatically reconnect when the Cloud Platform becomes available.

15.3.

We do not currently offer guaranteed service level agreements (SLAs). Support is provided on a best-effort basis through Community Chat, the Ideas and Bug Reports features, and email.

16. Fees and Payment

16.1. Free Tier

The Service currently offers a free tier that includes core monitoring, health dashboards, camera reporting, scripting, and community features. The scope and features of the free tier may change at any time.

16.2. Paid Features

Certain premium features may be offered on a pay-as-you-go or subscription basis. Pricing for paid features will be disclosed before you incur any charges. You will not be charged for any feature without your affirmative consent.

16.3. Changes to Pricing

We may change pricing for paid features at any time. For subscription features, price changes will take effect at the beginning of your next billing cycle, and we will provide at least thirty (30) days’ advance notice.

17. Limitation of Liability

17.1.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPENWARE PRO LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF VIDEO FOOTAGE, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITIES, COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES, OR DAMAGES ARISING FROM THE OPERATION OR FAILURE OF SURVEILLANCE SYSTEMS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF OPENWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17.2.

WITHOUT LIMITING THE FOREGOING, OPENWARE SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM: (A) THE EXECUTION OF POWERSHELL SCRIPTS ON YOUR SYSTEMS, WHETHER GENERATED BY THE SERVICE OR CREATED BY YOU; (B) ANY IMPACT TO YOUR XPROTECT SYSTEM’S PERFORMANCE, AVAILABILITY, OR CONFIGURATION CAUSED BY THE AGENT OR ANY SCRIPT EXECUTION; (C) ANY DECISIONS MADE IN RELIANCE ON AI-GENERATED RECOMMENDATIONS, REPORTS, OR ADVISORY CONTENT; (D) ANY FAILURE TO DETECT, REPORT, OR ALERT ON SYSTEM CONDITIONS, CAMERA FAILURES, OR SECURITY EVENTS; OR (E) ANY UNAUTHORIZED ACCESS TO YOUR SYSTEMS NOT CAUSED BY OPENWARE’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

17.3.

OPENWARE’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU HAVE PAID TO OPENWARE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

18. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, OPENWARE DOES NOT WARRANT THAT:

(A) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS;

(B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

(C) TELEMETRY, REPORTS, AUDIT LOGS, OR OTHER DATA PROVIDED THROUGH THE SERVICE WILL BE ACCURATE, COMPLETE, OR RELIABLE;

(D) THE AGENT WILL NOT AFFECT THE PERFORMANCE, STABILITY, OR AVAILABILITY OF YOUR XPROTECT SYSTEMS OR HOST MACHINES;

(E) AI-GENERATED CONTENT WILL BE ACCURATE, APPROPRIATE, OR SUITABLE FOR ANY PARTICULAR PURPOSE; OR

(F) DEFECTS IN THE SERVICE WILL BE CORRECTED IN ANY PARTICULAR TIMEFRAME.

19. Indemnification

You agree to indemnify, defend, and hold harmless OpenWare Pro LLC, its officers, members, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) any content you post through Community Features; (e) your installation, configuration, or operation of the Agent on any system; or (f) any dispute between you and a third party related to data collected, processed, sent, or shared through the Service.

20. Termination

20.1.

You may close your account at any time by contacting us at legal@vmstools.pro. Upon closing your account, you should uninstall all VMSTools Pro Agents from your systems.

20.2.

We may suspend or terminate your access to the Service immediately, without prior notice, if: (a) you breach these Terms; (b) we are required to do so by law; (c) your use of the Service poses a security risk to the Service or other users; or (d) your account has been inactive for more than twelve (12) months.

20.3.

Upon termination, your right to use the Service ceases immediately. We will retain Your Data for thirty (30) days to allow for export, after which it will be permanently deleted. Sections 5 (Your Data — ownership provisions), 12 (Scripts — ownership and risk), 14.4 (Feedback), 17 (Limitation of Liability), 18 (Disclaimer of Warranties), 19 (Indemnification), and 21 (Governing Law) shall survive any termination or expiration of these Terms.

21. Governing Law and Dispute Resolution

21.1.

These Terms are governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles.

21.2.

Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state and federal courts located in Boulder County, Colorado, and you consent to the personal jurisdiction and venue of such courts.

21.3.

Before initiating any legal proceeding, you agree to attempt to resolve any dispute informally by contacting us at legal@vmstools.pro. We will attempt to resolve the dispute informally within thirty (30) days. If the dispute is not resolved within that period, either Party may proceed with formal legal action.

22. Changes to Terms

We may update these Terms from time to time. We will notify registered users of material changes via email or in-app notification at least fourteen (14) days before the changes take effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and close your account.

23. Miscellaneous

23.1. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and OpenWare with respect to the Service.

23.2. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

23.3. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

23.4. Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of substantially all of our assets.

23.5. Notices

Notices to you may be provided via email to the address associated with your account or through in-app notifications. Notices to us should be sent to legal@vmstools.pro.

23.6. Third-Party Software

The Service utilizes third-party software, including MilestonePSTools, Node.js, and other open-source components. Such software is subject to its own license terms. A list of third-party components and their licenses is available upon request.

24. Contact

If you have questions about these Terms, contact us at:

OpenWare Pro LLC 412 Sumner St Longmont, CO 80501 Email: legal@vmstools.pro Web: https://vmstools.pro