Terms and Conditions

Binding Legal Agreement

These Terms and Conditions constitute a legally binding agreement between you and Pelagian. By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, along with our Privacy Policy and any other policies referenced herein.

If you do not agree with any part of these Terms and Conditions, you must immediately cease using our website and services. Your continued use of our services signifies your acceptance of any modifications or updates to these terms.

These Terms and Conditions apply to all users of our website, including browsers, customers, and any other individuals or entities accessing our services.

User Obligations and Responsibilities

1. Legal Compliance

You agree to use our website and services in full compliance with all applicable local, national, and international laws, regulations, and professional standards. This includes but is not limited to:

• Compliance with advertising and marketing regulations in relevant jurisdictions
• Adherence to data protection and privacy laws
• Respect for intellectual property rights and licensing requirements
• Following industry-specific regulations applicable to your business
• Compliance with export control and trade sanction laws

2. Accurate Information

You represent and warrant that all information you provide to us is accurate, current, and complete. You agree to:

• Provide truthful and accurate information when communicating with us
• Update information promptly when circumstances change
• Not misrepresent your identity, affiliation, or authority
• Maintain accurate contact information for communications

3. Professional Conduct

When engaging with our services, you agree to:

• Conduct yourself professionally and respectfully in all communications
• Provide necessary information and cooperation for service delivery
• Meet agreed-upon deadlines and commitments
• Communicate promptly about any issues or concerns
• Respect the expertise and time of our team members

4. Confidentiality

You acknowledge that during the course of our business relationship, you may receive or have access to confidential information. You agree to:

• Maintain confidentiality of proprietary information and methodologies
• Use confidential information only for authorized purposes
• Not disclose confidential information to third parties without permission
• Return or destroy confidential materials upon request

Prohibited Activities and Content

Prohibited Behaviors

You expressly agree not to engage in any of the following activities:

• Violating any applicable laws, regulations, or third-party rights
• Transmitting harmful, threatening, abusive, or defamatory content
• Infringing on intellectual property rights of Pelagian or third parties
• Attempting to breach security measures or access restricted areas
• Using automated systems to scrape or harvest data from our website
• Interfering with the proper functioning of our services
• Engaging in fraudulent, deceptive, or misleading practices
• Using our services to spam, harass, or send unsolicited communications

Content Restrictions

You agree not to submit, post, or transmit any content that:

• Contains viruses, malware, or other harmful computer code
• Violates privacy rights or publicizes private information without consent
• Is false, misleading, or constitutes impersonation
• Promotes illegal activities or violates regulatory requirements
• Contains discriminatory, hateful, or offensive material
• Infringes on patents, trademarks, copyrights, or trade secrets

Age Requirements and Capacity

By using our services, you represent and warrant that:

• You are at least 18 years of age or the age of majority in your jurisdiction
• You have the legal capacity to enter into binding contracts
• You are authorized to represent your organization if acting on its behalf
• You have the necessary permissions to share any information you provide

Our services are not intended for individuals under the age of 18, and we do not knowingly collect information from minors. If you are accessing our services on behalf of an organization, you warrant that you have the authority to bind that organization to these Terms and Conditions.

Indemnification and Hold Harmless

You agree to indemnify, defend, and hold harmless Pelagian, its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any and all claims, actions, demands, liabilities, damages, losses, costs, and expenses, including reasonable legal fees and court costs, arising out of or relating to:

• Your breach of these Terms and Conditions or any applicable laws
• Your violation of any rights of third parties, including intellectual property rights
• Any content you submit or transmit through our services
• Your misuse of our website or services
• Any disputes between you and other users or third parties
• Your negligence, willful misconduct, or fraudulent activities

This indemnification obligation will survive the termination of your use of our services and continues as long as any claims may arise from your actions.

Disclaimers and Warranties

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability and fitness for a particular purpose
• Warranties regarding accuracy, reliability, or completeness of information
• Warranties of uninterrupted, timely, secure, or error-free service
• Warranties that defects will be corrected or that our services are free from harmful components

No Guaranteed Results

Marketing and business outcomes depend on numerous factors beyond our control, including market conditions, competitive landscape, execution quality, timing, and external economic factors. We do not guarantee or warrant:

• Specific results, outcomes, or return on investment from our services
• Success in any particular market or with any specific audience
• Achievement of business goals or performance targets
• Compatibility with your existing systems or processes

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PELAGIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR:

Exclusion of Damages

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, goodwill, or business opportunities
• Cost of procurement of substitute goods or services
• Business interruption or loss of use
• Personal injury or property damage related to use of our services

Cap on Liability

Our total aggregate liability for any claims arising from or related to these Terms and Conditions or your use of our services shall not exceed the greater of:

• The total amount paid by you to Pelagian in the twelve months preceding the claim, or
• One hundred dollars ($100 USD)

These limitations apply regardless of the legal theory upon which the claim is based, whether in contract, tort, negligence, strict liability, or otherwise, and even if we have been advised of the possibility of such damages.

Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms and Conditions due to circumstances beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, extreme weather events
• War, terrorism, civil unrest, or government actions
• Epidemics, pandemics, or public health emergencies
• Strikes, labor disputes, or supply chain disruptions
• Failures of telecommunications, internet services, or third-party providers
• Cyberattacks, hacking, or other security incidents
• Changes in laws or regulations that impact service delivery

In such events, our performance obligations will be suspended for the duration of the force majeure event, and we will make reasonable efforts to resume normal operations as soon as practicable.

Governing Law and Jurisdiction

Choice of Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States and the state in which our principal place of business is located, without giving effect to any principles of conflicts of law.

Jurisdiction and Venue

You agree that any legal action or proceeding arising out of or relating to these Terms and Conditions or your use of our services shall be brought exclusively in the appropriate federal or state courts located in our jurisdiction. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

Dispute Resolution Process

Before initiating any formal legal proceedings, you agree to:

• Provide written notice of the dispute to us
• Engage in good faith negotiations to resolve the dispute informally
• Allow a period of 30 days for informal resolution attempts
• Consider mediation or alternative dispute resolution if mutually agreeable

Severability

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent, or if such modification is not possible, the provision shall be severed from these Terms and Conditions.

The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision, and the remaining provisions shall continue in full force and effect.

Assignment and Transfer

You may not assign, transfer, or delegate your rights or obligations under these Terms and Conditions without our prior written consent. Any attempted assignment in violation of this provision shall be void.

We reserve the right to assign or transfer our rights and obligations under these Terms and Conditions to any affiliate, subsidiary, or successor entity, or in connection with a merger, acquisition, reorganization, or sale of assets, without your consent. We will provide notice of any such assignment that materially affects your rights.

Waiver

No waiver of any provision of these Terms and Conditions shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

Any waiver must be in writing and signed by an authorized representative of Pelagian to be effective.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Cookie Policy, and any specific service agreements you enter into with us, constitute the entire agreement between you and Pelagian concerning your use of our website and services.

These terms supersede all prior or contemporaneous negotiations, discussions, agreements, or understandings, whether written or oral, between you and Pelagian relating to the subject matter of these Terms and Conditions.

Modifications to Terms

We reserve the right to modify these Terms and Conditions at any time. When we make changes, we will update the "Last updated" date at the top of this page and may provide additional notice as appropriate under the circumstances.

Material changes to these Terms and Conditions will be communicated through:

• Prominent notice on our website homepage
• Email notification to registered users, if applicable
• In-service notifications when you next access our services

Your continued use of our services after any modifications indicates your acceptance of the updated Terms and Conditions. If you do not agree to the modified terms, you must discontinue use of our services.