TOLTHAWK®
Environmental Monitoring Systems
Provider: Eulora LLC, d/b/a ToltHawk
EXECUTIVE SUMMARY
Who We Are
ToltHawk provides remote environmental monitoring systems for flooding, stormwater, snow, and infrastructure awareness. Our systems combine rugged field sensors with cloud-based dashboards and alerts to give agencies timely operational insight.
How the System Is Used
ToltHawk systems are decision-support tools. They provide situational awareness to support planning, prioritization, and response—but they are not emergency response systems, life-safety systems, or fail-safe infrastructure.
How Risk Is Managed
These agreements follow established public-sector contracting norms:
- Best-effort service delivery
- Customer ownership of site data
- Clear allocation of responsibilities
- Compliance with public-records and disclosure laws
- Conservative liability and warranty framing
Nationwide Applicability
The Contract Pack is state-agnostic and structured to comply with applicable U.S. federal, state, and local laws. State-specific addenda may be applied if required by statute or agency policy.
SERVICE LEVEL AGREEMENT (SLA)
1. Purpose and Scope
This Service Level Agreement (“SLA”) governs the operational availability and support of ToltHawk monitoring services (“Services”).
Services include sensor data collection, data transmission, cloud hosting, dashboards, and alerting.
The Services are provided solely for situational awareness and operational decision support.
2. Service Availability
Services are provided on a commercially reasonable, best-effort basis, consistent with industry standards for distributed IoT monitoring systems.
ToltHawk does not guarantee:
- Continuous availability
- Real-time data delivery
- Specific polling intervals, latency, or alert timing
- Uninterrupted cellular, satellite, or network connectivity
Availability may be affected by weather, terrain, power availability, environmental conditions, network congestion, or third-party infrastructure.
3. Maintenance
ToltHawk may perform scheduled or unscheduled maintenance that temporarily affects Services.
Reasonable advance notice will be provided when practicable. Emergency maintenance may occur without prior notice.
4. Support and Incident Response
Support is provided during normal business hours unless otherwise agreed in writing.
ToltHawk will use commercially reasonable efforts to investigate reported service issues but does not guarantee response or resolution times unless expressly stated in a signed agreement.
5. Alerts and Notifications
Alerts are generated and delivered on a best-effort basis.
ToltHawk does not warrant or guarantee:
- Delivery, receipt, or acknowledgment of alerts
- Detection of all flooding, blockages, equipment failures, or hazardous conditions
Customer is responsible for configuring alert thresholds, maintaining contact information, and establishing response procedures.
Alerts supplement, but do not replace, field inspections, engineering judgment, or emergency protocols.
6. Service Credits
Unless expressly stated in a signed agreement, no service credits, penalties, or refunds apply for downtime, missed alerts, or data latency.
7. Exclusions
This SLA does not apply to service issues caused by:
- Improper installation or mounting
- Customer-supplied structures, power, or access
- Vandalism, theft, or physical damage
- Force majeure events (including storms, floods, fires, earthquakes)
- Failures of third-party carriers or infrastructure providers
8. Limitation of Liability
Liability related to service availability is subject to the limitation-of-liability provisions in the governing agreement. In no event shall ToltHawk be liable for indirect, incidental, special, or consequential damages.
9. Governing Law
This SLA shall be governed by the laws specified in the governing agreement or, if not specified, by the laws of the jurisdiction in which the Customer is located.
DATA PROCESSING ADDENDUM (DPA)
1. Roles of the Parties
- Customer is the data owner and data controller
- ToltHawk acts as a service provider processing data solely on Customer’s behalf
2. Scope of Data Processed
ToltHawk may process (“Customer Data”):
- Environmental sensor measurements (e.g., water level, temperature, flow indicators)
- Images or visual data where enabled by Customer
- Device diagnostics, health metrics, and configuration metadata
- Alerting logs and system activity records
ToltHawk systems are not designed to intentionally collect personal data.
3. Data Ownership
All Customer Data remains the exclusive property of the Customer.
Nothing in this DPA transfers ownership of Customer Data to ToltHawk.
4. Purpose Limitation and Use Restrictions
ToltHawk shall:
- Process Customer Data only to provide contracted services
- Not sell, share, or monetize Customer Data
- Use Customer Data only in accordance with Customer instructions and applicable law
Aggregated and anonymized data that cannot reasonably identify the Customer may be used for system improvement and analytics.
5. Data Security
ToltHawk shall implement reasonable administrative, technical, and physical safeguards appropriate to the nature of the Customer Data and consistent with industry standards.
6. Subprocessors
ToltHawk may engage subprocessors (e.g., cloud hosting providers, network carriers) to deliver Services.
ToltHawk remains responsible for ensuring subprocessors are bound by obligations consistent with this DPA.
7. Data Retention and Deletion
Customer Data is retained only as long as necessary to provide Services or as otherwise agreed.
Upon termination, Customer may request export or deletion of Customer Data, subject to reasonable technical, legal, and public-agency record-retention requirements.
8. Public Records and Disclosure Laws
Customer may be subject to public-records, open-records, or freedom-of-information laws.
Nothing in this DPA restricts Customer’s authority or obligations under applicable disclosure laws.
ToltHawk shall:
- Not assert confidentiality where disclosure is required by law
- Provide commercially reasonable assistance with lawful records requests
- Not independently disclose Customer Data without Customer direction unless legally required
9. Limitation of Liability
Liability arising from data processing activities is subject to the limitation-of-liability provisions in the governing agreement.
10. Governing Law
This DPA shall be governed by the laws specified in the governing agreement or, if not specified, by the laws of the jurisdiction in which the Customer is located.
PUBLIC RECORDS & DISCLOSURE SUMMARY
Purpose
This summary explains how data generated by ToltHawk systems is handled with respect to public-records and disclosure laws. It is informational only.
Applicability
Data generated by ToltHawk systems may constitute public records unless an exemption applies under applicable law.
Ownership and Control
- Customer owns all site-specific data
- Customer determines disclosure obligations and exemptions
- ToltHawk does not make disclosure determinations
No Automatic Confidentiality
Confidentiality provisions are subject to applicable disclosure laws. ToltHawk does not assert confidentiality by default.
Security-Sensitive Information
Certain infrastructure, security, or emergency-related data may qualify for exemptions. Customer retains sole authority to apply such exemptions.
Assistance With Requests
ToltHawk will provide reasonable assistance to help Customer locate or export data required for lawful disclosure.
No Independent Disclosure
ToltHawk will not release Customer Data directly without Customer authorization unless required by law or court order.