Using the Pelion® Trademark

What does this policy cover?

  • This policy explains the terms which apply to users of any web sites operated by, or on behalf, of Pelion IOT Limited (together “Pelion Website”). Pelion IOT Limited (“Pelion”) is a private limited company registered in Scotland with company number SC211701 acting on behalf of itself and its subsidiaries (“We/Us/Our”). Registered office address: Principal place of business: Pelion IOT Limited, 319 St. Vincent Street, Glasgow, G2 5LD, Scotland, United Kingdom.

  • These terms and conditions of use incorporate the following additional terms and conditions and policies:

  • Privacy Policy

  • Cookie Policy

By using a Pelion Website, you consent and agree to be bound by and abide by these Terms and Conditions of Use (“Terms”).

Your Account

You may register for an account on a Pelion Website (an “Account”) and must do so in accordance with the following terms:

  • You must not provide any false information when creating an Account or create an Account for anyone else without their permission.

  • You must provide a valid email address.

  • You must be at least 18 years old to register an Account on any Pelion Website.

  • You must keep your password confidential and not disclose it to anyone else or let anyone else use your Account on your behalf.

  • You must not assign or transfer your Account to another person or third party.

  • Any activity completed through your Account will be deemed to have been completed by you.

You are responsible for the security of your Account. Pelion is not liable for any loss or damage arising from your failure to keep your Account secure. You will notify Pelion immediately if your Account information is lost, stolen, or otherwise compromised.

  • All of the information we collect from you is subject to our privacy policy. If you breach these Terms we may contact you directly using the information you have provided on registration of your Account.

  • Some of the Pelion Websites allow you to adjust your privacy settings in respect of information that is visible to other users of that website. These privacy settings are not transferred between the Pelion Websites.

Your Use of a Pelion Website

You agree to use a Pelion Website only for lawful purposes and in accordance with these Terms and any applicable licenses provided with content. For example, you will not use a Pelion Website in a way or provide content to a Pelion Website that:

  • infringes, misappropriates or violates any third party intellectual property rights;

  • attempts to gain unauthorised access to the Pelion Website, the server on which the Pelion Website is stored or any server, computer or database connected to the Pelion Website;

  • attempts to or does modify, adapt, or hack the service or modify another website so as to falsely imply that it is associated with the Pelion Website, Pelion, or any other Pelion product or service;

  • generates or facilitates sending unsolicited email;

  • is defamatory, harmful to minors, or pornographic;

  • contains hate-related or violent content;

  • contains or distributes any viruses or programming routines intended to damage, surreptitiously intercept or expropriate any system, data or information; or

  • violates or encourages conduct that would violate any criminal laws, any other applicable laws, or any third-party rights.

We reserve the right to temporarily or permanently suspend, disable, or limit your access to a Pelion Website or remove content. We may report any illegal act to the relevant law enforcement authorities.

Violence towards or abuse of Pelion staff will never be tolerated. This includes behaviour or language, spoken or written, that may cause staff to feel afraid, threatened or abused. Pelion will not tolerate this behaviour in any type of interaction with Pelion staff, including Live Chat and Pelion support services. Our staff will always try to assist you with any issues you may have, but if you behave in a rude, offensive, abusive or intimidating manner then our staff reserve the right to terminate the interaction with you. We may also report any illegal act to the relevant law enforcement authorities.

Our Content

All intellectual property rights (including copyright) in the look and feel of any Pelion Website are owned by Pelion IOT Limited (or its affiliates). All intellectual property rights (including copyright) in the content of any Pelion Website are owned by Pelion Limited (or its affiliates) or its licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of any Pelion Website without our express written permission. 

When using any Pelion Website, you may be able to access or download certain content, such as source code, binary code, and documentation, provided by: a) Pelion (“Our Content”); or b) other Account holders or third party providers (“Third Party Content”).

Any such Pelion Content or Third Party Content is governed by the license that accompanies it. By using or downloading any Pelion Content or Third Party Content, you agree to the applicable license. It is your responsibility to ensure you have proper permission for your use of the content. If you are unclear as to what license applies to any content, it is recommended that you ask the author of the content. We grant you permission to download the information on to a computer and to make one hard copy of the information for reference purposes only.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way or remove the copyright notice from any such copies, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Any of the material on the Pelion Website may be out of date or include omissions, inaccuracies or other errors at any given time, and we are under no obligation to update such material. Commentary and other materials posted on the Pelion Website site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Pelion Website, or by anyone who may be informed of any of its contents.

Your Content and Feedback

You may upload or otherwise provide certain content such as source code, binary code, documentation, or forum posts to a Pelion Website via your Account (“Your Content”). You are responsible for keeping your own backups of any material uploaded or otherwise provided to a Pelion Website. You represent and warrant that you have the right to provide Your Content to Pelion, the Pelion Website and its users. You retain ownership of Your Content. It’s your responsibility to make clear the license under which you are providing Your Content.

By providing Your Content to a Pelion Website, you hereby grant to Pelion a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, adapt, modify, and publish Your Content to the extent necessary to operate the Pelion Website.

If you close your Account, Your Content which has been made public will remain accessible on the Pelion Website.

We would like you to provide any suggestions, comments, feedback, ideas, input or know-how you may have on improving any Pelion Website (“Feedback”). You represent and warrant that any Feedback is not confidential and does not contain any proprietary information which you do not have the right to provide to Pelion. You hereby grant to Pelion a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, adapt, modify, and publish your Feedback.

Trademarks

If you use any of Pelion trademarks then you must do so in accordance with the guidelines set out in the Pelion Trademarks section of this website. For the avoidance of doubt, you may not use any Pelion logo without express prior permission from Pelion. If you wish to use a Pelion logo, please get in touch.

Please contact Pelion at the address below if:

  • you are a rights holder (or an authorized representative) and you wish to report to Pelion any alleged infringement of your copyright or trademarks; or

  • you wish to report any other unacceptable or inappropriate content, including without limitation any threatening or defamatory behaviour, any indecent, obscene, hateful or offensive material.

 

Pelion IoT Limited
319 St. Vincent Street
Glasgow
G2 5LD
Scotland
United Kingdom

By notifying Pelion of an alleged infringement you represent, under penalty of perjury that the information in the notification is accurate and that giving false, misleading or inaccurate information may result in civil or criminal liability.

Upon receipt, Pelion will review your notification and decide whether or not further action will be required. Such action may include without limitation, editing or removing the relevant material. Please contact us if you wish to report any abuse of Pelion intellectual property rights by a third party.

Our Liability and Warranties

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND US, PELION PROVIDES NO WARRANTIES EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE UNDER THESE TERMS AND IN RESPECT OF ANY PELION WEBSITE, ANY CONTENT PROVIDED ON ANY PELION WEBSITE (INCLUDING THIRD PARTY CONTENT), AND/OR ANY SERVICES PROVIDED ON ANY PELION WEBSITE. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO ANY PELION WEBSITES AND INTERRUPTIONS, CRASHES, AND DOWNTIME ARE BEYOND PELION’S CONTROL AND MAY OCCUR FROM TIME TO TIME. ALL INFORMATION PROVIDED DIRECTLY ON THE PELION WEBSITE OR INDIRECTLY THROUGH THE PELION WEBSITE BY HYPERTEXT LINK OR OTHERWISE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.

IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS ANY PELION WEBSITE THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THESE TERMS AND MAY NOT USE ANY PELION WEBSITE.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING IN CONNECTION WITH THESE TERMS INCLUDING FROM YOUR ACCESS TO, USE OF, OR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH, THE PELION WEBSITE AND/OR ANY SERVICES PROVIDED ON THE PELION WEBSITE. WE RESERVE THE RIGHT TO MAKE CHANGES, UPDATES OR CORRECTIONS TO THE INFORMATION ON THE PELION WEBSITE AT ANY TIME WITHOUT NOTICE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE MAXIMUM LIABILITY OF PELION TO YOU IN AGGREGATE FOR ALL CLAIMS MADE AGAINST PELION IN CONTRACT, TORT OR OTHERWISE UNDER OR IN CONNECTION WITH THESE TERMS, INCLUDING BUT NOT LIMITED TO THE WEBSITE, YOUR ACCESS TO OR USE OF (OR YOUR FAILURE TO GAIN ACCESS TO OR USE OF) THE SITE, ANY CONTENT PROVIDED ON THE SITE (INCLUDING THIRD PARTY CONTENT), AND/OR ANY SERVICES PROVIDED ON THE SITE, SHALL NOT EXCEED £100,000.

THIS STATEMENT DOES NOT AFFECT ATTEMPT TO EXCLUDE OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM NEGLIGENCE, NOR OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR MISREPRESENTATION AS TO A FUNDAMENTAL MATTER, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Your Indemnities

You agree to hold harmless and indemnify Pelion from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or due to: (a) direct or indirect use of Your Content, including any claim of alleged infringement or misappropriation of third party rights; (b) your breach of any of the representations and warranties herein; or (c) your violation of any applicable law or regulation.

Information about you and your visits to the Pelion Websites

We process information about you gained from your use of the Pelion Website in accordance with our privacy policy and Our cookie policy.

Transactions concluded through Pelion Websites

Contracts for the supply of goods, services or information formed through the Pelion Website or as a result of visits made by you are governed by our terms and conditions notified to you during each individual transaction.

Where the Pelion Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the third party sites and resources. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites, you do so at your own risk.

Changes to the Pelion Website

Access to the Pelion Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the information we provide on the Pelion Website without notice. We will not be liable if for any reason the Pelion Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of a Pelion Website, or an entire Pelion Website, including, to users who have registered an Account with us.

Export

Pelion Commitment to Compliance with Export Controls and Sanctions

It is Pelion policy to operate in strict compliance with all applicable export controls, sanctions laws and regulations, applicable customs requirements, and related reporting requirements, as explained in the “Pelion’s Commitment to Compliance with Export Controls and Sanctions” statement..

As a Pelion customer, partner, employee, contractor, or other entity doing business with Pelion, receiving or using Pelion products and technologies, or using the Pelion Website, You must adhere to the applicable export and customs laws and regulations. Failure to comply is a serious offense and could result in civil or criminal charges and penalties, as well as significant reputational harm and loss of export privileges.

Export Control Classification Numbers (ECCNs) or related information for Pelion products and technologies are available upon request.

General

We cannot guarantee that any Pelion Website will be free from viruses or other harmful material so please update your computer’s virus protection software regularly.

The provisions contained in each clause and sub-clause of these Terms and Conditions of Use shall be enforceable independently of each of the others and if a provision of these Terms and Conditions of Use is, or becomes, illegal, invalid or deemed unenforceable by any court or administrative body of competent jurisdiction it shall not affect the legality, validity or enforceability of any other provisions of these Terms and Conditions of Use. If any of these provisions is so held to be illegal, invalid or unenforceable but would be legal, valid or enforceable if some part of the provision were deleted, the provision in question will apply with such modification as may be necessary to make it legal, valid or enforceable.

Except as expressly provided otherwise in a signed agreement between you and Pelion, these Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter.

Failure or delay to enforce any provision of these Terms and Conditions of Use shall not be deemed a waiver of future enforcement of that or any other provision.
These Terms and Conditions of Use are governed by the laws of England and Wales.

In the event of any dispute arising out of or in connection with these Terms and Conditions of Use, the parties agree to submit to either the jurisdiction of the English courts or the jurisdiction of your country of residence’s Courts.

Changes to these Terms and Conditions of Use

We may revise these Terms and Conditions of Use at any time by amending this page, and where appropriate, by notification on Our Pelion Website. You should check this page from time to time to review any changes We have made. Some of the provisions contained in these Terms and Conditions of Use may also be superseded by provisions or notices published elsewhere on Our Pelion Websites.