Last Updated: 17/10/2024

Welcome to Pemberton Digital

These Terms of Service govern your use of our website at https://pemberton.digital and our analytics application at https://app.pemberton.digital, along with any related services we provide. By accessing our website or using our services, you're entering into a legal agreement with Pemberton Digital Ltd, a company registered in England and Wales (company number 14422623) with offices at Lytchett House, 13 Freeland Park, Wareham Road, Poole, BH16 6FA.

We've written these terms to be as clear as possible, but they do form a binding legal agreement. If you're using our services on behalf of an organisation, you're confirming that you have the authority to bind that organisation to these terms. If you don't agree with any part of these terms, please don't use our services.

Understanding Our Service

Pemberton Digital provides space analytics through radar sensors that count people and measure how spaces are used. Our sensors collect anonymous data about occupancy and movement patterns, which we process and present through our web-based analytics dashboard. This data helps organisations understand and optimise their use of physical spaces.

It's important to understand what our service is and isn't. We provide analytical insights based on anonymous counting data. We don't provide security services, access control, or individual tracking. Our sensors detect the presence of people but cannot identify who they are. The insights we provide are based on statistical analysis and should be used as one input among many in your decision-making processes.

Getting Started

Website Access

Our website is publicly accessible for informational purposes. You can browse our site, learn about our services, and contact us without creating an account. When using our website, you agree not to attempt to disrupt its operation, access restricted areas, or use automated systems to scrape content without our permission.

Application Access

To use our analytics application, your organisation needs an active subscription agreement with us. We'll provide authorised users with login credentials to access the dashboard. These credentials are unique to each user and must not be shared. You're responsible for maintaining the confidentiality of your login details and for all activities that occur under your account.

If you suspect unauthorised access to your account, please notify us immediately at support@pemberton.digital. We reserve the right to suspend accounts that show signs of unauthorised access while we investigate.

Acceptable Use

Our services are designed for legitimate business purposes – understanding and optimising space usage. When using our services, you agree to comply with all applicable laws and regulations. You must not use our services to:

Use our data to make automated decisions that could have legal or similarly significant effects on individuals
Access or attempt to access data from sensors not associated with your organisation
Reverse engineer, decompile, or attempt to discover the source code of our applications or sensor technology
Use our services in any way that could damage our reputation or the reputation of our other customers
Interfere with or disrupt our services or servers
Upload malicious code or attempt to compromise our security
Violate any applicable laws or regulations

Your Data and Our Service

Sensor Data

The anonymous counting data collected by sensors installed at your premises remains valuable to both parties. You own the data about your spaces, and we grant you a licence to access and use this data through our application for the duration of your subscription. We retain the right to use aggregated, anonymous data across all our customers to improve our services and develop industry insights, but we'll never identify your organisation in any such use without your permission.

Your Uploads and Inputs

Any information you upload to our application, such as floor plans, space labels, or custom configurations, remains your property. By uploading this content, you grant us a licence to use it as necessary to provide our services to you. You confirm that you have the right to upload any content you share with us and that it doesn't infringe anyone else's rights.

Our Analytics and Reports

The reports, visualisations, and insights we generate from your sensor data represent our analysis and interpretation. While you can use these outputs for your business purposes, they remain our intellectual property. You may share reports internally within your organisation and with professional advisers, but please don't distribute them publicly or to competitors without our written permission.

Payment and Subscriptions

Our services are provided on a subscription basis, with fees and payment terms set out in your commercial agreement.

If payments are overdue, we may suspend access to the application after providing notice, as specified in your commercial agreement. We cannot guarantee that historical data will remain available if an account remains suspended for an extended period.

Service Availability and Support

We strive to maintain high availability of our application, targeting 99.5% uptime measured monthly. This doesn't include scheduled maintenance, which we'll announce in advance when possible. While we work hard to ensure our service is always available, we cannot guarantee uninterrupted access. Various factors outside our control, including internet connectivity issues, could affect availability.

Our standard support is provided during UK business hours (9 AM to 5 PM GMT/BST, Monday to Friday, excluding public holidays). We aim to acknowledge support requests within one business day and resolve issues as quickly as possible based on their severity.

Accuracy and Limitations

Our sensors and analytics provide estimates based on radar technology. While we've designed our system to be highly accurate, no counting system is perfect. Various factors can affect accuracy, including environmental conditions, sensor placement, and the complexity of movement patterns in a space.

The insights we provide should be used as one input in your decision-making process, not as the sole basis for important decisions. We recommend considering our data alongside other relevant information about your spaces and operations.

Intellectual Property

Pemberton Digital owns all intellectual property rights in our services, including our sensor technology, software, analytics methods, and brand materials. Your subscription grants you a limited right to use our services but doesn't transfer any ownership of our intellectual property to you.

Similarly, you retain ownership of your data and content. We won't use your data except as necessary to provide services to you and as described in our Privacy Policy. Our name, logo, and branding are our trademarks. Please don't use them without our written permission, except that you may identify yourself as our customer in factual contexts.

Confidentiality

Through using our services, both parties may have access to confidential information. We agree to keep each other's confidential information secure and not disclose it to third parties, except as required to provide the services or as required by law. This obligation continues even after your subscription ends.

Confidential information doesn't include information that was already public, was independently developed, or was rightfully received from another source.

Liability and Indemnification

We provide our services with care and professionalism, but we cannot guarantee perfection. To the maximum extent permitted by law, we limit our liability as follows:

We exclude all warranties not explicitly stated in these terms or your commercial agreement. We won't be liable for indirect, consequential, or punitive damages, loss of profits, or loss of business opportunity. Our total liability for any claim related to our services won't exceed the fees you paid us in the twelve months before the claim arose.
These limitations don't apply to liability that cannot be limited by law, such as death or personal injury caused by negligence, fraud, or breach of data protection laws.
You agree to indemnify us against claims arising from your breach of these terms, your use of our services in violation of laws, or your infringement of third-party rights.

Changes and Termination

We may update these terms as our services evolve. We'll notify existing customers of material changes by email or through the application. Continued use of our services after changes take effect constitutes acceptance of the new terms.

Either party may terminate the subscription according to the terms of the commercial agreement. Upon termination, your access to the application will end. We may retain data as necessary for legal compliance or as specified in our Privacy Policy.

Certain provisions of these terms survive termination, including confidentiality obligations, liability limitations, and ownership rights.

General Provisions

These terms, together with your commercial agreement and our Privacy Policy, constitute the entire agreement between us regarding our services. If any provision is found unenforceable, the rest remains valid.

Where these Terms of Service form part of your overall agreement with us alongside a separate commercial agreement, purchase order, or service contract, the specific terms in your commercial agreement, purchase order, or service contract will take precedence if there's any conflict.

We may assign our rights under these terms in connection with a business sale or restructuring. You may not assign your rights without our written consent.

Failure to enforce any provision doesn't waive our right to enforce it later. Notices should be sent to the addresses specified in these terms or your commercial agreement.

Governing Law

These terms are governed by English law, and any disputes will be subject to the exclusive jurisdiction of the English courts.

Contact Us

We're here to help and welcome your questions about these terms or our services:

Email: support@pemberton.digital
Post: Pemberton Digital Ltd, Lytchett House, 13 Freeland Park, Wareham Road, Poole, BH16 6FA
Website: https://pemberton.digital

Pemberton:Terms of Service

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