Terms of Service

Pallidus Sensing LLC Terms of Service.

Last Updated: August 1, 2023

Introduction. The Terms and Conditions (“Terms”) describe how Pallidus Sensing LLC (“Pallidus,” “we,” and “our”) regulates your (“User”, “Users”) use of our cloud services at http://dashboard.pallidus.io.  Please read the following information carefully to understand our terms and practices regarding Users of the website. Pallidus may change the Terms at any time, and recommends Users check the website frequently to see the most recent version of the Terms.

Privacy Policy. Our Privacy Policy is available at https://pallidus.io/pages/privacy-policy. Our Privacy Policy explains to you how we process information about Users. Users shall understand that processing of this information shall be undertaken in accordance with the Privacy Policy.

Cloud Services. Pallidus uses a cloud service for data visualization and transmission (termed: “Cloud Service”, “Cloud Services”, “Pallidus Cloud Services”).

Your Account. When using Pallidus Cloud Services, Users shall be responsible for ensuring the confidentiality of User accounts, passwords and other credentials and for secure access. Users shall not assign their accounts to anyone. Pallidus is not responsible for unauthorized access that results from misappropriation, theft, or disruption to a User account. Pallidus may refuse or cancel service, terminate User accounts, and remove or edit content at any time.

Third Party Services. Our Cloud Services utilize linked websites, applications, and platforms (hereinafter the "Linked Sites"). Pallidus makes these links available to Users to provide functionality of its Cloud Services.  However, Pallidus does not control the Linked Sites and shall not be responsible for the content and other materials of the Linked Sites. Pallidus is also not liable for outages in the Cloud Service, which can be caused by power outages, internet disruptions, or software disruptions in Linkes Sites that are beyond our control. Pallidus and its affiliates shall not be liable for a failure or delay to fulfill its obligations where the failure or delay results from any cause beyond Pallidus's control.

Cloud Pricing. Pallidus charges a fee for maintaining its Cloud Service. While we aim to keep this fee as low as possible, we may, at our sole discretion, at any time update our fees in response to changing costs or market conditions.

Data Storage. Pallidus maintains data storage servers with dedicated space for User data storage. Pallidus relies on Linked Sites for this data storage and shall not be responsible in the event of data loss. Users should download their data from our servers regularly and maintain their own data backups.

User Data. By transmitting, uploading, or inputting data (“User Data”) to the Pallidus Cloud Services Data, Users grant Pallidus permission to use User Data in connection with the operation of Pallidus's business including, but not limited to the rights to transmit, publicly display, distribute, and copy User Data. Any use of User Data will be anonymized with regard to the specific User, and will only be used in aggregate analyses. No compensation shall be paid with regard to the use of User Data unless specified by prior agreement.

Prohibited Uses and Intellectual Property. Pallidus grants Users a non-transferable, non-exclusive, revocable license to access and use the website in accordance with these Terms of Service. Users shall not use the website for unlawful or prohibited purpose, or a way that may disable, damage, or interfere with the website or operations of Pallidus. Pallidus does not grant Users any licenses to the intellectual property of Pallidus or its software, or to the intellectual property of any Linked Sites.

Disclaimer of Certain Liabilities. The information available via the website may include typographical errors or inaccuracies. Pallidus shall not be liable for these inaccuracies and errors.

Pallidus makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Cloud Services. To the maximum extent allowed by the applicable law, all such Cloud Services are provided on the "as is" basis. Pallidus disclaims all warranties and conditions regarding Cloud Services, including warranties and provisions of merchantability, fitness for a certain purpose.

To the maximum extent permitted by the applicable law, in no event shall Pallidus be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of the website in the context of the inability or delay to enjoy the website or Cloud Services, based on contract and non-contract liability or other reason.

Indemnification. You agree to indemnify, defend and hold harmless Pallidus, its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys' fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the Cloud Services or products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. Pallidus may assume the exclusive defense and you shall cooperate with Pallidus in asserting any available defenses.

Termination and Access Restriction. Pallidus may terminate your account and access to Cloud Services and its related services or any part at any time, without notice, in case of your violation of the Terms.

Miscellaneous. The governing law of the Terms shall be the substantive laws of the state of Missouri in the United States of America, except the conflict of laws rules. You shall not use Pallidus Cloud Services in jurisdictions that do not give effect to all provisions of the Terms. No joint venture, partnership, employment, or agency relationship shall be implied between you and Pallidus as a result of the Terms or use of the website. Nothing in the Terms shall be a derogation of Pallidus's right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the website. If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses. 

These Terms constitute the entire agreement between you and Pallidus regarding the enjoyment of the Cloud Services and supersede all prior or communications and offers, whether electronic, oral or written, between you and Pallidus.

In case of controversies, demands, claims, disputes, or causes of action between Pallidus and you relating to the website or other related issues, or the Terms, you and Pallidus agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through the courts of Missouri in the United States of America.

Complaints and Contact Information. We are committed to resolve any complaints quickly and fairly. If you would like to make a complaint regarding the Terms or our practices please contact us at admin@pallidus.io. We hope to quickly resolve any complaint brought to our attention.