Version 24 September 2026
This Acceptable Use Policy is issued by Pallarium, a prototype service run before incorporation by its founder (the "Company"). It is a Policy and an Incorporated Document within the meaning of Sections 1.1(cc) and 1.1(nn) of the Master Terms of Service and forms part of the Agreement. It applies to every person who accesses or uses the Service, whether or not that person holds an Account or has accepted the Master Terms of Service.
1.1 Definitions. In this Policy:
(a) "Automated Means" means any robot, spider, crawler, scraper, harvester, headless or instrumented browser, browser-automation framework, script, macro, bot, software agent (including any agent operated by or through an artificial-intelligence system), programmatic client, or any other software, device or process that accesses, requests, navigates, queries, retrieves, copies, records, monitors or tests the Service, other than an individual operating a standard web browser through the ordinary user interface of the Service and initiating each action personally.
(b) "Company Databases" means the Well Library, the Directories, the glossaries, the screening tables, the lists of standards references and every other database, compilation or collection of data or materials comprised in the Company Materials, including the selection, coordination, arrangement, classification and presentation of their contents.
(c) "Engineering Representation" means any statement, title, label, heading, seal, stamp, signature block, legend, designation or presentation that states or implies that an Output, a Document or any work derived from either (i) is an engineering design, an engineering report, an engineering opinion or the product of the practice of engineering; (ii) was prepared, checked, approved, sealed or signed by a licensed engineer, by the Company or by any Company Party; or (iii) complies with any standard, code, specification or regulatory requirement.
(d) "Machine-Learning Use" means any use of any data, content, material or output to train, pre-train, fine-tune, align, reinforce, distil, evaluate, benchmark, test, validate, calibrate, ground, prompt, index for retrieval (including retrieval-augmented generation), embed or vectorise, or otherwise to develop, improve or operate any machine-learning model, large language model, neural network, artificial-intelligence system, expert system or statistical model, or to create, augment or label any data set, corpus, knowledge base or synthetic data set for any of those purposes.
(e) "Master Terms of Service" or "Terms" means the Master Terms of Service of the Company, as amended from time to time; "Intellectual Property Notice", "Copyright and Content Complaints Policy", "Trial and Prototype Terms", "Supplier Directory Terms", "Screening Results Terms", "Data Processing Addendum" and "Sanctions Policy" mean, respectively, the documents published by the Company on the Site under those names and, in the case of the Sanctions Policy, under the name "Sanctions and Export Compliance Policy", each as amended from time to time; "Batch Output" has the meaning given in the Screening Results Terms; and "Marks" has the meaning given in the Intellectual Property Notice.
(f) "Models" means the methods, screening criteria, envelopes, thresholds, parameters, coefficients, weights, default values, rules of selection, scoring and ranking logic, algorithms, formulae as implemented, unit conversions as implemented and calculations embodied in or applied by the Service, in whatever form they are expressed or delivered, including the form in which they are delivered to a browser.
(g) "Model Extraction" means the submission of Input Data, the running of Calculations or the analysis of Outputs, whether systematic, repeated, in volume, by variation of values or otherwise, for the purpose or with the effect of identifying, mapping, extracting, reconstructing, replicating, approximating or inferring any Model or any part of it.
(h) "Rate Limit" means any limit set by the Company, whether or not published, on the number, frequency, volume, size, timing or pattern of requests, sign-in attempts, requests for sign-in codes, Calculations, Saved Calculations, Documents, Loaded Files or any other use of the Service, including the technical limits referred to in Section 11.3 of the Terms.
(i) "Security Measures" means every technical or organisational measure used by or for the Company to identify, authenticate, authorise, limit, meter, count, monitor or protect access to or use of the Service, including sign-in by code or password, Access Credentials, session and device cookies, Rate Limits, counters of Calculations and Free Calculations, access controls, request validation, content security policies and the protection of Non-Public Environments.
(j) "User" means any person that accesses or uses the Service by any means, including the Customer, every Authorised User, every Tester and every visitor to the Site, and, where an individual acts on behalf of an organisation, that organisation as well as the individual. "you" refers to the User.
1.2 Terms defined elsewhere. Capitalised terms used but not defined in this Policy have the meanings given to them in the Master Terms of Service, including "Access Credentials", "Account", "Agreement", "Aggregated Data", "Applicable Law", "Authorised User", "Calculation", "Company Materials", "Company Parties", "Competitor", "Confidential Information", "Customer", "Customer Content", "Directories", "Document", "Evaluation Access", "Export Control Laws", "Free Calculations", "Input Data", "Intellectual Property Rights", "Loaded File", "Non-Public Environment", "Operations", "Output", "Personal Data", "Plan", "Privacy Policy", "Request for Quotation", "Restricted Person", "Sanctions", "Saved Calculation", "Service", "Service Provider", "Site", "Sources Page", "Subscription Terms", "Supplier", "Supplier Directory", "Technologies Directory", "Tester", "Third-Party Data", "Usage Data", "Well" and "Well Library", and, where not defined there, the meanings given to them in the Trial and Prototype Terms, including "Demonstration".
1.3 Meanings in other documents. The definitions in this Policy, and the definitions of the Terms that it adopts, apply to this Policy, to the Intellectual Property Notice and to the Copyright and Content Complaints Policy. Where the Privacy Policy, the Cookie Policy or the Retention Schedule uses a word or expression defined in the Terms in a different or narrower sense, that sense applies only for the purposes of the document in which it is used.
1.4 Interpretation. In this Policy: (a) headings are for convenience only; (b) "including" and similar words mean including without limitation; (c) the singular includes the plural and vice versa; (d) a prohibition on doing any act includes a prohibition on attempting to do it, and on permitting, authorising, enabling, instructing, assisting, facilitating or procuring any other person to do it, whether directly or indirectly, alone or with others, and by any means; (e) the examples given in any provision do not limit the generality of that provision; and (f) a reference to a statute or regulation is to it as amended, consolidated or replaced.
2.1 Scope. This Policy applies to every access to and use of the Service, by any means and from any location, including access without an Account, access under Evaluation Access, access to any Non-Public Environment and access at any Demonstration.
2.2 Responsibility for others. The Customer shall procure compliance with this Policy by each of its Authorised Users and by every person who obtains access to the Service through the Customer's Access Credentials, devices, systems or networks. Every act or omission of any such person is deemed an act or omission of the Customer.
2.3 Cumulative effect. The restrictions in this Policy apply in addition to, and cumulatively with, the restrictions in Section 10 of the Terms, in the Trial and Prototype Terms and in the Supplier Directory Terms. Compliance with one of those documents does not excuse non-compliance with another. Any conflict is resolved in accordance with the order of precedence in Section 2.3 of the Terms.
2.4 No permission by omission. Any use of the Service that is not expressly permitted by the Agreement is prohibited. The absence of a specific prohibition in this Policy does not render any act permitted.
2.5 Documents incorporated into this Policy. The Intellectual Property Notice and the Copyright and Content Complaints Policy are incorporated into this Policy by reference and form part of it and of the Agreement. For the purposes of Section 2.3 of the Terms, each of them ranks with this Policy. A breach of either of them by a User is a breach of this Policy.
2.6 Relationship with Section 10 of the Terms. Every breach of this Policy by the Customer or by any Authorised User is a breach of Section 10 of the Terms by reason of Section 10.2 of the Terms.
2.7 Operation before incorporation. Section 3.9 of the Terms applies to this Policy and to every document incorporated into it. Until Pallarium is incorporated, every reference in any of them to the "Company" is a reference to its founder, acting in an individual capacity, and every right, licence, reservation, waiver and remedy expressed in any of them to be held by or for the Company is held by that individual and passes to Pallarium as provided in that Section.
3.1 Personal Accounts. Each Account is personal to the individual to whose electronic mail address it is registered. A User shall not:
(a) disclose, share, forward, sell, transfer, lend or otherwise make available any Access Credentials, including any one-time sign-in code, to any other person;
(b) permit more than one individual to use an Account, or permit more individuals to use the Service than the Customer's Plan allows;
(c) create, hold or use more than one Account, or any Account in the name of another person, for the purpose or with the effect of obtaining additional Free Calculations, exceeding any limit of a Plan, evading any Rate Limit, or evading any suspension, termination, restriction or refusal of access;
(d) register or use an Account with information that is false, incomplete or misleading, or with an electronic mail address that the User does not control or is not authorised to use, other than an address issued by the Company for Evaluation Access;
(e) sign in, or attempt to sign in, to any Account other than the User's own, or request a sign-in code for any electronic mail address that the User does not control; or
(f) open or use an Account after the Company has suspended or terminated an Account of the same User, Customer or Authorised User, without the Company's prior written consent.
3.2 Non-Public Environments. A User shall not access, or attempt to access, any Non-Public Environment except with Access Credentials issued by the Company to that individual, within the scope, for the purpose and for the period specified by the Company. Access Credentials for a Non-Public Environment, including any shared password, are Confidential Information of the Company and shall not be disclosed, recorded in any shared location, used by any other person, or used after the specified purpose or period has ended or after their revocation. No User shall access, or attempt to access, any administrative or operator interface of the Service without the express written authorisation of the Company for that purpose.
3.3 Notification of compromise. A User shall notify the Company by electronic mail to hello@pallarium.com without undue delay upon becoming aware of, or suspecting, any loss, disclosure or unauthorised use of any Access Credentials or any unauthorised access to any Account, and shall cooperate with the Company in its response.
3.4 Activity under an Account. Every act done by means of an Account or of any Access Credentials issued to or for a User is deemed an act of that User, and, where the User is an Authorised User, of the Customer, until the Company has received the notification required by Section 3.3.
4.1 Prohibited automated access. A User shall not:
(a) access, request, navigate, query, retrieve, copy, download, index, record, monitor or test any part of the Service by Automated Means;
(b) scrape, crawl, spider, harvest or data-mine the Service or any Company Materials, Outputs or Third-Party Data made available through it;
(c) access by Automated Means any part of the Service that requires sign-in or that forms part of a Non-Public Environment, irrespective of the method used, the rate of access, or whether the relevant content is available elsewhere;
(d) retrieve, download, export, print or record Outputs, Documents, entries of the Directories or of the Well Library, or any other Company Materials, in a volume, frequency or pattern exceeding that which an individual using the ordinary user interface for the internal business purposes of the Customer would generate;
(e) cache, archive, mirror, replicate, store in any database or retrieval system, or create any local or remote copy of, the Service or any Company Materials, other than (i) the temporary copies made by a standard web browser in the ordinary course of displaying the Service; (ii) the Documents that the Terms permit the Customer to retain; and (iii) copies of individual Outputs made by an Authorised User for the internal business purposes permitted by Section 9.4 of the Terms, subject, where they apply, to the Trial and Prototype Terms and the Confidentiality Undertaking;
(f) frame, embed, wrap, overlay, proxy, reverse-proxy or re-host the Service or any part of it, or display any part of it within or through any other website, application, service or interface;
(g) use any linking, deep-linking, request-replay or page-scraping technique to circumvent the navigational structure or presentation of the Service, or to obtain any Company Materials, Outputs or Third-Party Data by any route not purposely made available through the ordinary user interface; or
(h) call, invoke or submit any request to any endpoint, interface or resource of the Service otherwise than through the ordinary user interface of the Service operated in a standard web browser, except through an interface that the Company has expressly made available for that purpose and in accordance with the terms that the Company attaches to it.
4.2 Search-engine indexing. Sections 4.1(a) and 4.1(b) do not prohibit the operator of a general-purpose internet search engine from crawling those pages of the Site that are accessible without sign-in, in compliance with the robots exclusion file and every other machine-readable instruction published by the Company for the Site, solely for the purpose of including those pages in a search index that is available to the public free of charge. This exception does not extend to any part of the Service that requires sign-in, to any Non-Public Environment, to any Machine-Learning Use, or to any crawler whose operator uses crawled content for any Machine-Learning Use, and it may be withdrawn by the Company at any time in whole or in part by a machine-readable instruction or otherwise.
4.3 Rate Limits. A User shall not exceed, test, probe, evade or circumvent any Rate Limit, including by distributing, rotating or disguising requests across multiple electronic mail addresses, Accounts, sessions, devices, browsers, user-agent strings, network addresses, proxies, virtual private networks or other networks.
4.4 Technical response. The Company may, without notice and without liability, block, throttle, queue, challenge, redirect or terminate any request, session, device, network address or network that it reasonably suspects of using Automated Means, exceeding a Rate Limit or otherwise breaching this Policy.
5.1 Extraction and re-utilisation. A User shall not:
(a) extract, re-utilise, reproduce, reconstitute, publish, sell, license, distribute, communicate or make available all or a substantial part, evaluated qualitatively or quantitatively, of the contents of any Company Database;
(b) extract or re-utilise insubstantial parts of the contents of any Company Database repeatedly or systematically;
(c) compile, derive, supplement, verify, update or maintain, in whole or in part from the Service, any list, register, database, index, directory, map or data set of suppliers, manufacturers, distributors, service companies, technologies, standards references, basins, fields, reservoirs or wells, other than a record of the Customer's own Customer Content kept for its internal business purposes;
(d) use the Supplier Directory or any part of it to send unsolicited commercial communications, to compile marketing, contact or lead lists, or to contact any Supplier in a manner that states or implies that the communication is made by, for, on behalf of or with the approval of the Company;
(e) represent the inclusion, omission, order, classification or presentation of any entry of any Company Database, or any attribute assigned to any entry, as an endorsement, recommendation, certification, approval, qualification, rating or ranking by the Company or by any other person; or
(f) combine any contents of any Company Database with any other data or material for the purpose of creating, supplementing or improving any product or service that competes with the Service.
5.2 Independence from the subsistence of rights. The obligations in Section 5.1 are contractual obligations of each User. They apply irrespective of whether any copyright, database right or other Intellectual Property Right subsists in any Company Database, or in any part or element of it, in any jurisdiction, and irrespective of whether the relevant contents are also available from another source.
6.1 Reverse engineering. A User shall not:
(a) copy, modify, adapt, translate, decompile, disassemble, deobfuscate, decrypt, reverse engineer or otherwise attempt to derive the source code, object code, structure, sequence, organisation, data files, parameters, coefficients, weights, thresholds or logic of any software or Model of the Service, including the software, scripts and data delivered to the User's browser;
(b) engage in Model Extraction;
(c) create any derivative work of the Service, of any Model or of any other Company Materials;
(d) store, execute, run, serve or use any software, script or data delivered by the Service to a browser otherwise than within that browser in the ordinary use of the Service during authorised access; or
(e) remove, obscure, alter or suppress any notice of proprietary rights, attribution, version, date, disclaimer, legend or Mark in or on the Service, any Output or any Document.
6.2 Security Measures. A User shall not:
(a) circumvent, disable, defeat, bypass, interfere with or manipulate any Security Measure, including by accessing any function or content that requires sign-in without being signed in to the User's own Account, or by altering, resetting, deleting or forging any counter, cookie, token, browser storage, request, response, header or client-side code in order to obtain any function, content, Calculation, Document or feature of a Plan that has not been granted to the User;
(b) probe, scan, map or test the vulnerability of the Service or of any system or network used to provide it, or breach or attempt to breach any Security Measure, without the prior written authorisation of the Company specifying the scope, method and period of the activity;
(c) introduce into the Service, or into any Loaded File or Customer Content, any virus, worm, trojan, ransomware, spyware, malicious macro, time bomb or other harmful or disabling code or component;
(d) interfere with, disrupt, degrade or overload the Service or the infrastructure of the Company or of any Service Provider, including by denial-of-service activity, flooding, mass requests for sign-in codes, or the submission of oversized, malformed or crafted inputs or files;
(e) forge headers, spoof network addresses or otherwise manipulate identifiers in order to disguise the origin of any request or content, or impersonate the Company, any Company Party, any Supplier or any other person;
(f) access, or attempt to access, any Account, Customer Content, Saved Calculation, Account Data or other data not belonging to or intended for the User; or
(g) attempt to re-identify any person, Customer, Authorised User, Well, field, lease, licence, asset or operator from any Aggregated Data or other de-identified, aggregated or anonymised information.
6.3 Discovered vulnerabilities. A User who becomes aware of any vulnerability in the Service shall report it promptly and in confidence to hello@pallarium.com, shall not exploit it, access data by means of it or demonstrate it on the production Service, and shall not disclose it to any other person without the prior written consent of the Company. A report made under this Section 6.3 does not authorise any activity prohibited by Section 6.2.
7.1 Competitive use. A User shall not access or use the Service, any Company Materials or any Output:
(a) to design, build, develop, train, improve, validate, market, sell or support any product, service, model or data set that performs, or is intended to perform, any function substantially similar to any function of the Service;
(b) to copy or imitate any feature, function, workflow, calculation, text, document format, interface, layout, graphic, design or look and feel of the Service;
(c) to perform any benchmark, comparison, test or evaluation of the Service, any Model or any Output against any other product, service or method for any competitive purpose, or to publish or disclose the results of any such benchmark, comparison, test or evaluation, without the prior written consent of the Company; or
(d) where the User is, or acts for or on behalf of, a Competitor, without the prior written consent of the Company.
7.2 Evaluation. Section 7.1(c) does not prevent (a) a Customer from evaluating the Service internally for the sole purpose of deciding whether to use it; or (b) a Tester from evaluating the Service for the purpose for which Evaluation Access is given and reporting the results to the Company as Feedback; provided in each case that no result of that evaluation is disclosed to any person other than the Company and, within the Customer's organisation, persons who need to know it for that purpose, and that the Trial and Prototype Terms and the Confidentiality Undertaking are complied with where they apply.
8.1 Prohibition. A User shall not make, or permit, any Machine-Learning Use of the Service, of any Company Materials, of any Output or Document, or of any Third-Party Data obtained through the Service, whether the relevant material is obtained by Automated Means or manually, and whether or not it is accessible without sign-in. This Section 8.1 does not restrict any use by the Customer of its own Customer Content.
8.2 Third-party artificial-intelligence systems. The input of Company Materials or Outputs, including Documents, into an artificial-intelligence system for the Customer's internal preparation of its own work product, as referred to in Section 10.1(f) of the Terms, is permitted only into a system whose operator is not entitled, under the terms on which the User uses that system, to use the submitted material for any Machine-Learning Use or to disclose it to any other person. Input into any other system permits a person other than the Customer to use Company Materials or Outputs for a purpose prohibited by Section 10.1(f) of the Terms. No other input, upload or submission of any Company Materials, Output or Document to any artificial-intelligence system, tool or service operated by a third party is permitted.
8.3 Reservation. The Company has expressly reserved its rights in the Service and in the Company Materials against text and data mining, as stated in the Intellectual Property Notice. No availability of any part of the Service, and no omission of a machine-readable instruction from any page, grants any permission for text and data mining or for any Machine-Learning Use.
9.1 Permitted use. Outputs and Documents may be used only as permitted by Sections 9.3 and 9.4 of the Terms.
9.2 Prohibited use. A User shall not:
(a) sell, resell, license, sublicense, rent, lease, lend, syndicate, distribute or publish any Output or Document as such, or incorporate any Output or Document into any product, data set, report or publication offered to third parties, except a Document transmitted in accordance with Section 9.3 of the Terms;
(b) provide screening, ranking, sizing, specification or document generation by means of the Service to any third party on a service-bureau, time-sharing, outsourcing, white-label or similar basis, or charge any person for access to the Service or to any Output as such, except as expressly permitted by the Customer's Plan;
(c) compile Outputs relating to multiple Wells, fields, basins or Suppliers into any collection, data set, index, comparison or report for disclosure to any person outside the Customer's organisation, except a Document, including a Document that constitutes a Batch Output such as a batch Request for Quotation, transmitted in accordance with Section 9.3 of the Terms and, where they apply, the Trial and Prototype Terms and the Confidentiality Undertaking;
(d) remove, alter, obscure or suppress the date, version identifier, name of the Company, Mark, notice, disclaimer or attribution contained in any Document, or alter a Document and present the altered document as generated by the Service;
(e) present any Output or Document as a recommendation, endorsement, approval, warranty, guarantee or opinion of the Company or of any Company Party;
(f) make any Engineering Representation;
(g) use, in connection with any Output, any Document or any work derived from either, any title, word, designation or abbreviation that Applicable Law reserves to holders of a professional licence, including any term restricted by section 1001.301 of the Texas Occupations Code, unless the individual using it holds the relevant licence and has personally performed the professional work concerned;
(h) present any Output or Document, or any figure derived from either, as a reserves estimate, a reserves or resources report, a production forecast, a valuation, a fairness opinion or a statement of fact, or use any of them in any filing with, or representation to, any governmental authority, regulator, securities exchange, court, lender, investor, purchaser or insurer; or
(i) use any Output or Document to plan, specify, procure or perform any Operation without prior independent review and verification of that Output or Document by competent personnel of the Customer or of the operator of the relevant asset.
10.1 Prohibited content. A User shall not enter, load, save or otherwise submit to the Service any Customer Content or Loaded File that:
(a) the User is not entitled to enter, load, save or disclose to the Company under any Applicable Law, contract, licence, subscription, joint operating agreement, confidentiality obligation or terms of use of any database or register;
(b) was obtained from any register, database, data service or publication whose terms prohibit its commercial use, its use in or with the Service, its disclosure to the Company or its storage outside the country or system in which it is held;
(c) infringes, misappropriates or violates any Intellectual Property Right, trade secret, right of confidence, right of privacy or right of publicity of any person;
(d) contains Personal Data other than as permitted by Section 13.3 of the Terms, or any special category of personal data, data relating to criminal convictions or offences, payment card data, government identification numbers or authentication secrets;
(e) contains information classified by any government, or technical data, software or technology the transfer of which to the Company, or the storage of which in any country in which the Company or its Service Providers store data, requires a licence or other authorisation under Export Control Laws;
(f) is unlawful, fraudulent, deceptive, defamatory, obscene, threatening or harassing, or promotes or facilitates any unlawful activity;
(g) contains any harmful code of the kind described in Section 6.2(c); or
(h) is designed or submitted to test the security of, probe, map or overload the Service, or to engage in Model Extraction. Input Data entered by a Tester for the purpose for which Evaluation Access is given does not fall within this paragraph by reason of that purpose alone.
10.2 Removal. The Company has no obligation to monitor Customer Content. The Company may, without notice and without liability, refuse to store, remove, disable access to or delete any Customer Content that it reasonably considers to breach this Policy, the Agreement or Applicable Law, or that is the subject of a notice under the Copyright and Content Complaints Policy.
11.1 Compliance with law. A User shall use the Service only in compliance with Applicable Law, including laws relating to Sanctions, export control, anti-corruption, competition, data protection, privacy, intellectual property, unfair competition and the regulation of professions.
11.2 Restricted Persons. A User shall not access or use the Service, or permit it to be accessed or used, by, for, on behalf of or for the benefit of (a) any Restricted Person within the meaning of Section 21.1 of the Terms; (b) any Restricted Person within the meaning of the Sanctions Policy; or (c) any person located in, or for use in, any Sanctioned Territory within the meaning of Section 21.1 of the Terms or any Restricted Territory within the meaning of the Sanctions Policy; nor for any end use prohibited by Section 21 of the Terms or by the Sanctions Policy; nor in any manner that would cause any Company Party to breach any Sanctions or Export Control Laws. Each of paragraphs (a) to (c) applies independently of the others.
11.3 Transmission of Documents. The User is solely responsible for determining whether the transmission of any Document, specification or technical data to any recipient, destination or end use is lawful, and shall not transmit any of them in breach of Sanctions or Export Control Laws.
11.4 Improper purposes. A User shall not use the Service in connection with any fraud, bribery, bid-rigging, market manipulation, misrepresentation to any investor, lender, regulator or counterparty, or any other unlawful or deceptive practice.
11.5 Characterisation for trade-control purposes. Section 7.2 of the Terms describes the nature of the Outputs as between the Company and the User. It does not determine the classification of the Service, any Output or any Document under any Sanctions or Export Control Laws. For the purposes of Sections 11.1 to 11.3, a User shall treat the Service, every Output and every Document as falling within each category of service, software and technology described in Section 5.3 of the Sanctions Policy.
12.1 Communications. A User shall not use the Service, including its sign-in and electronic mail functions, to send, cause to be sent or trigger any unsolicited, bulk, commercial or harassing communication, or to send any communication to any electronic mail address that the User does not control.
12.2 Marks of the Company. A User shall not use the name "Pallarium" or any other Mark of the Company except as permitted by the Intellectual Property Notice.
12.3 Affiliation. A User shall not state or imply that it, or any product, service, document or communication of it, is affiliated with, sponsored, endorsed, certified or approved by the Company, or that any Supplier, publisher of Third-Party Data, standards body, authority or other person named in the Service is affiliated with, sponsors, endorses, certifies or approves the User or the Company.
13.1 Monitoring. The Company may, but has no obligation to, monitor, log, record, analyse and investigate any access to and use of the Service for the purposes of verifying compliance with this Policy, securing the Service and enforcing the Agreement, in accordance with the Privacy Policy. The Company accesses Customer Content for those purposes only as permitted by Section 12.2 of the Terms and, where the Customer Content contains Personal Data governed by the Data Processing Addendum, only to the extent that the Data Processing Addendum permits.
13.2 Measures. If the Company reasonably suspects any breach of this Policy, it may, at its sole discretion, with or without notice and without liability, take any one or more of the following measures:
(a) issue a warning;
(b) throttle, limit, challenge or require additional verification of any access;
(c) block any device, browser, network address or network;
(d) suspend or restrict any Account, any Access Credentials, any Evaluation Access or any access to a Non-Public Environment in accordance with Section 30 of the Terms, and terminate any of them in accordance with Sections 32.3 and 32.4 of the Terms;
(e) refuse to store, remove, disable access to or delete any Customer Content;
(f) refuse any future registration by the User, the Customer or any person acting for either;
(g) revoke any licence granted under the Agreement, including any licence in respect of Documents where the Terms so permit;
(h) report the matter to, and cooperate with, any competent law-enforcement, regulatory or other authority; and
(i) pursue any remedy available at law or in equity.
13.3 Statement of reasons. Where Regulation (EU) 2022/2065 applies to a restriction imposed on Customer Content or on an Account, the Company provides the statement of reasons described in the Copyright and Content Complaints Policy.
13.4 No refund. No suspension, restriction or termination under this Policy entitles any User to any refund, credit, extension or compensation, except where the Subscription Terms or mandatory Applicable Law provide otherwise.
13.5 Cooperation. A User shall cooperate with any investigation by the Company under this Policy, shall provide the information that the Company reasonably requests, and shall preserve all records relevant to the suspected breach.
13.6 Preservation and disclosure. The Company may preserve, and may disclose to any competent authority, to any rights holder or to any court, any information relating to a suspected breach of this Policy, to the extent required by Applicable Law or reasonably necessary to protect the rights, property or safety of any Company Party, any User or any other person, in accordance with the Privacy Policy, save that Customer Content is preserved and disclosed only as permitted by Sections 12.2 and 12.8 of the Terms and, where it contains Personal Data governed by the Data Processing Addendum, only to the extent that the Data Processing Addendum permits.
14.1 Material breach. Any breach of this Policy is a material breach of the Agreement.
14.2 Injunctive relief. Any breach or threatened breach of Sections 3 to 9 of this Policy would cause the Company irreparable harm for which damages would not be an adequate remedy. The Company is entitled to injunctive and other equitable relief to restrain any such breach or threatened breach, in any court of competent jurisdiction, without proof of actual damage and, to the extent permitted by Applicable Law, without the posting of any bond or other security, in addition to every other remedy.
14.3 Indemnity. The Customer, and each User that is not a Customer, shall defend, indemnify and hold harmless the Company Parties from and against all claims, demands, proceedings, losses, damages, liabilities, fines, penalties, costs and expenses, including reasonable attorneys' fees and the costs of investigation, detection, mitigation and enforcement, arising out of or in connection with any breach of this Policy by the User, by any Authorised User or by any person using the User's Access Credentials.
14.4 Account of benefits. To the extent permitted by Applicable Law, a User that breaches any of Sections 4 to 9 of this Policy shall account to the Company for every revenue, profit, saving or other benefit obtained by that User or by any other person from the breach.
14.5 Exclusion from limitations. No exclusion or limitation of the liability of the Customer or of any User contained in the Agreement applies to any liability arising from a breach of Sections 3 to 9 of this Policy or under Section 14.3.
14.6 Remedies cumulative. The rights and remedies of the Company under this Policy are cumulative and are in addition to its rights and remedies under the Agreement and at law and in equity.
15.1 Mandatory law. Nothing in this Policy prohibits any act to the extent that Applicable Law expressly permits that act notwithstanding any contractual provision to the contrary, including, where and to the extent that they apply to the User:
(a) the acts permitted by Articles 5(2), 5(3) and 6 of Directive 2009/24/EC on the legal protection of computer programs;
(b) where a sui generis right under Directive 96/9/EC subsists in a Company Database, the extraction or re-utilisation of insubstantial parts of its contents permitted to a lawful user by Article 8(1) of that Directive; and
(c) text and data mining permitted by Article 3 of Directive (EU) 2019/790.
15.2 Limits of the exception. Any act permitted under Section 15.1 is permitted only to the extent, for the purpose and under the conditions prescribed by the relevant law. Every other provision of this Policy continues to apply to that act and to every other act of the User.
15.3 Open licences. Nothing in the Agreement restricts any right that a User holds, under the licence stated on the Sources Page, in respect of any Third-Party Data that is licensed to the public under that licence, to the extent that the licence prohibits the imposition of such a restriction. To that extent the Company waives, in writing for the purposes of Section 45 of the Terms, every right under the Agreement the exercise of which would impose such a restriction, whatever the rank of the provision conferring that right under Section 2.3 of the Terms.
15.4 Severability. Section 44 of the Terms applies to this Policy and to each document incorporated into it. A provision that is held invalid, illegal or unenforceable in one jurisdiction is modified or severed in that jurisdiction only, and its validity, legality and enforceability in every other jurisdiction are not affected.
16.1 Breaches of this Policy. Any person may report a suspected breach of this Policy by electronic mail to hello@pallarium.com with the subject "Acceptable Use".
16.2 Infringement and unlawful content. Notices concerning the infringement of Intellectual Property Rights or unlawful content are governed by the Copyright and Content Complaints Policy.
17.1 The Company may amend this Policy, and each document incorporated into it, at any time. Each amended version bears a new Version identifier and takes effect in accordance with Section 31 of the Terms, including Section 31.4 of the Terms.
18.1 Governing law and disputes. This Policy, and every dispute, claim or controversy arising out of or in connection with it, is governed by the law stated in Section 34 of the Terms and resolved in accordance with Sections 35 to 37 of the Terms. Every claim concerning a breach or threatened breach of this Policy is a claim concerning a breach of Section 10 of the Terms, to which Sections 35.3(b), 35.4 and 35.5 of the Terms apply, including where the User is a Tester.
18.2 Language. This Policy is drawn up in English. Any translation is provided for convenience only, and the English version prevails.
18.3 No waiver. No failure or delay by the Company in exercising any right or remedy under this Policy operates as a waiver of it, and no single or partial exercise of any right or remedy precludes any further exercise of it or of any other right or remedy.
18.4 Survival. The obligations in Sections 5 to 9 and 14 survive the termination of the Agreement and of any Account.