Revision 2.0.3 – November 12 2017

  1. This Agreement defines the Terms and Conditions of Service (‘AGREEMENT’) for the Pi Multi-Purpose software utility (‘SERVICE’) from TECTERRAN LTD of 41 Cornmarket Street, Oxford, OX1 3HA, England (‘COMPANY’), including both Personal and Location account types, and the facilities available through each.
  2. Use of SERVICE constitutes acceptance of this AGREEMENT in full by the entity who signs up for and/or managed the SERVICE (‘USER’ or ‘you’ or ‘your’)
  3. COMPANY agrees that any non public information added to SERVICE by USER belongs to USER and therefore COMPANY shall not view, share, export, release or in any other way disseminate USER account data without the express permission of USER
  4. COMPANY expects you to act legally, responsibly and to be considerate of others. COMPANY reserves the right, but not the responsibility, to prohibit or delete any conduct, communication or content which COMPANY, in its sole discretion determines to be unlawful or harmful to COMPANY, the public or other users of SERVICE.
  5. Any violations of COMPANY systems or network security are strictly prohibited and may result in criminal and/or civil liability. COMPANY will cooperate with law enforcement or independently investigate incidents involving such violations.
  6. You may only use SERVICE for lawful purposes, in compliance with all applicable national and International laws including copyright and trademark law. Unlawful activities include, but are not limited to:
    1. Knowingly linking to information that is published illegally
    2. Acquiring an account with false contact and/or billing information
    3. Joining under another entities identity without written permission from said entity
    4. Compromising the security of SERVICE
  7. Product Pi
    1. A Location Pi account is required to create Product Pi profiles
    2. The following are forbidden
      1. Unannounced products that are a commercial secret – even if rumoured
      2. Illegal copies, clones, counterfeit or ‘KIRF’ products
      3. Reviews, quotes and ‘praise’
    3. Only one profile may be created for each product. Separate similar profiles may be created for regional or other variations of the same product unless any differences are highlighted within a single profile
  8. The inclusion of content such as search tags and/or Product Pi specifications that are inaccurate and/or do not accurately reflect the nature of your business, person and/or product is forbidden if doing so will intentionally or unintentionally deceive or confuse users of SERVICE and/or the public in general. For example:
    1. An electronics retailer that does not also sell or deliver flowers may not include the tags ‘Florist’, ‘Flowers’ etc in their account profile content or tags.
    2. Product Pi profiles may not contain dimensions and/or power consumption figures that are inaccurate.
  9. In order to retain the low membership cost of SERVICE and assist in the promotion of USER’s own location and/or product
    1. Location Pi account holders are encouraged to display their Pi signs (stickers, metal plates, beacons etc) in a prominent position such as in a street facing window and/or the main point of sale, such as a till or the top edge of a counter where customers are served.
    2. Manufacturers are encouraged to display the Product Pi on their product and any marketing materials.
  10. USER is responsible for maintaining account security, password, and any information disseminated using SERVICE.
  11. COMPANY is not responsible for maintaining material that it deletes from its servers as a result of a determination that the material violates any provision of this AGREEMENT.
  12. If COMPANY determines, in its sole discretion, that a violation of this AGREEMENT has occurred, COMPANY may, but will not be obligated to take any or all of the following actions:
    1. Provide an initial warning to USER via email or other communications. If COMPANY is unable to contact USER then depending on the nature of the breach of this AGREEMENT then COMPANY reserves the right to suspend USERs account after a time period that will depend on the nature of the breach of this AGREEMENT
    2. Temporarily or permanently remove material from COMPANY servers
    3. Suspend or terminate account(s)
    4. Take any other responsive action at any time
    5. Violations of this AGREEMENT could also subject you to criminal or civil liability including monetary damages.
  13. Neither party shall be liable to the other for any loss, damage, liability, claim or expense arising out of or in relation to this AGREEMENT or USERs use of or inability to use SERVICE, other than for indemnification under section this clause, however caused, whether grounded in contract, tort or strict liability. Use of information obtained from or through SERVICE is at your own risk. Under no circumstances will COMPANY be liable to you or any other person for any loss or damage cause by reliance on data or information available from SERVICE.
  14. You agree to waive and hold COMPANY harmless from any claims relating to any action taken by COMPANY as part of its investigation of a suspected violation of this AGREEMENT or as a result of its conclusion that a violation of this AGREEMENT has occurred. This means that you cannot sue or recover any damages whatsoever from COMPANY as a result of COMPANY’s decision to suspend or terminate your or any member’s account, or take any other action during the investigation of a suspected violation or as a result of COMPANY’s conclusion that a violation has occurred. This waiver applies to all violations described in this AGREEMENT.
  15. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR THE MEMBERS USE OF OR INABILITY TO USE COMPANY SERVICES. In any case, COMPANY’s entire liability under or arising out of this AGREEMENT shall be limited to the amount you paid for the service in the twelve months prior to the act or injury that gave rise to the liability. However, some jurisdictions may not allow a limitation on liability for negligence that causes death or personal injury, and COMPANY limits its liability in such jurisdictions only to the degree allowed by the applicable laws.
  16. The membership fee is due at the time of sale and does not require periodical renewal.
  17. Full or part refunds will only be considered if all the following conditions are met:
    1. SERVICE is unavailable for longer than 48 hours continuously and it can be proven that COMPANY is at fault.
    2. The account effected has been active for longer than 48 hours since signing up.
  18. You agree to defend, indemnify and hold COMPANY harmless form any claims, losses, damages, including legal costs, resulting from your violation of any of the provisions of this AGREEMENT or from any and all use of your membership, with or without your knowledge or consent.
  19. This AGREEMENT will be governed by and construed in accordance with the laws of England and the State of California, excluding its conflict of laws principles, and the parties’ consent to exclusive personal jurisdiction of and venue in a court of competent jurisdiction located in and serving London, England and Santa Clara County, California, USA.
  20. If any provision of this AGREEMENT is held to be unenforceable for any reason, such provisions shall be reformed only to the extent necessary to effect the original intentions of the parties, and the remainder of this AGREEMENT shall remain in full force and effect.
  21. Any enquiries regarding this AGREEMENT should be made via the COMPANY contact form at tecterran.com/contact