Terms of Service

The following document, “the Agreement”, outlines the terms and conditions that are applied to your use of services offered by Pellonia(“the Services”). This Agreement constitutes a legally binding contract between an individual user, "Customer" or “You”, and “Pellonia Solutions Inc” ("Pellonia") individually identified as a party and collectively identified as parties. By using the Services, you agree and acknowledge that you have read and accept this Agreement in its entirety and adhere to bound by its terms. This Agreement shall apply over each and every transaction made between the parties unless otherwise provided.  

It is your sole responsibility to carefully read all the terms and conditions of this Agreement before using the Services. If you do not agree with all or any of the provisions included in this Agreement, you shall not have the right to use the Services

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1. Definitions

1. Business day: means any day other than a Saturday, Sunday or statutory holiday in Canada.
2. Clients: means the agencies, Customers and/or group of Customers which retain Pellonia for respective Services.
3. Takedown: means removal of content from digital platforms per the Digital Millenium Copyright Act.
4. Works: means all copyrighted work submitted by Customer for protection.

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2. License

In line with this Agreement (including, without limitation, all payment obligations), Pellonia hereby grants to you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable, Service Fee bearing right, to access and use the Services.

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3. Delivery

1. The customer shall deliver requested materials including identity documents, contracts, etc to Pellonia by email in mutually agreed formats, at least 5 working days before the start of Takedowns or other services.
2. Pellonia shall use commercially reasonable efforts to implement the service in accordance with agreed terms and conditions in due course.
3. Pellonia is hereby expressly authorized to take such steps as it deems advisable to police and enforce the intellectual property rights of the artistic Works owned by us. Such steps include, without limitation, the preparation, signing, attestation, and service of notices of claimed infringement (“Takedown Notices”) in compliance with the provisions of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. §512, and such further actions on behalf of Author as are authorized by the provisions of Section 512 of the DMCA.

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4. Services

List of Pellonia’s services can be found at its website (Pellonia.io). Your use of Pellonia’s services along with its website (the “Services”) is conditional upon your consent and compliance with the terms and condition set forth herein. Details of each of the Services and their qualification among with Service Guarantees will be shown to you. By using these Services you accept that have thoroughly reviewed and understood these qualifications. Other than what is expressly listed under related Service Level Agreement (SLA) for each of the Services, Pellonia has no obligation to serve the Services to you or your customers. In no case, Pellonia’s liability shall exceed from what is expressly mentioned in applicable SLA’s concluded between you and Pellonia. By using the Services you understand and agree that Pellonia has no liability over your customers and any third party that may use the Services through you as the intermediary. 

5. Security

You are responsible for maintaining the security of all passwords and other credentials issued to or created by you and any of your employees or agents in connection with the Services.  You are also responsible for any and all activities that occur on, through or under any such credentials or otherwise in connection your accounts and use of the Service Platform.  You agree to immediately notify Pellonia of any unauthorized use of any of your Service Accounts, passwords or credentials, as well as any other security breach related to your accounts.

6. Payment

1. At the end or start of each month Pellonia will issue an invoice base on your usage of the Services and the agreed fee, Invoices must be paid by the Customer within the due date as inserted in the invoice.
2.  Any amount not paid when due shall be subject to a penalty of two per cent (2%) of the amount per month calculated pro-rata die.

6. Pellonia Representations, Warranties & Covenants:

1. Pellonia will use commercially reasonable efforts to fulfil its obligations in a timely manner, using all reasonable skill and care, in accordance with prevailing industry standards;
2. Pellonia will use commercially reasonable efforts to contractually require each of its registered websites and applications to post on such website and application a privacy policy that is in compliance with all applicable laws. 

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8. Customer Representations, Warranties & Covenants:

Customer use commercially reasonable efforts to ensure that the content does not:

1. Infringe third-party rights.
2. Promote or reference any software piracy systems (warez, cracking, etc.), hacking, phreaking, emulators, rom’s, or illegal mp3 activity;
3. Promote any illegal activities, deceptive practices, violations or infringements of the intellectual property rights of others; or
4. Promote activities generally understood as internet abuse, including but not limited to, the sending of unsolicited bulk electronic mail or the use of spyware programs.

8. Ownership; Proprietary Rights.

“Pellonia”, “Pellonia OU”, “Pellonia Ad Platform”, and “Pellonia Services” products graphics, logos, designs, codes, scripts, and service names are trademarks, trademarks or trade dresses of Pellonia. You shall not use any of these trademarks and trade dresses in your product or website without written permission of Pellonia. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service are protected by all relevant intellectual property and proprietary rights and applicable laws. Except as expressly authorized by Pellonia you may not make use of any works or materials belonging to Pellonia. Pellonia reserves all rights to the materials and works not granted expressly in this Agreement.

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10. Modification of the Terms

Pellonia reserves the right to make modifications to the Agreement at any time upon its discretion. Revised versions of this Agreement will be posted to and if necessary delivered to you by email. Unless otherwise specified, any modifications to the Agreement will take effect the day they are posted to this Website. If you do not agree with the revised Agreement, your sole and exclusive remedy will be to discontinue your use of the Service.

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11. Termination

Pellonia reserves the right to terminate your access to the Services upon any violations of the Agreement, as it decides based on its own discretion. 

12. Applicable law

 This Agreement will be governed by the laws of British Columbia without regard to conflict of law principles.

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