Terms of Service | Cledion, Inc.

Agreement to Terms

By accessing Cledion’s website, or by using Cledion software, you agree to be bound by these Terms. If you disagree, please discontinue use immediately.

Intellectual Property

All content on this website (text, logos, graphics) is the property of Cledion, Inc. and is protected by copyright and trademark laws.

Use of Service

You agree to use our website and booking tools only for lawful purposes. You may not use our "book a call" feature to spam or harass.

Limitation of Liability

To the maximum extent permitted by law, Cledion, Inc. shall not be liable for any indirect, incidental, or consequential damages resulting from your use of the site or our scheduling tools.

Software license

The following terms also govern any Cledion software you use, including the Cledion Stratum and Delta server applications and any probes, agents, or components we provide (together, the "Software"). By using the Software, you agree to these terms.

Licence to use the Software

Subject to these Terms, Cledion grants you a limited, non-exclusive, non-transferable, revocable licence to install and use the Software for your own internal purposes. The Software is licensed for your internal business use under the separate order or agreement you enter into with us. You may not resell, sublicense, rent, or provide the Software to third parties as a hosted or managed service, and, except to the extent applicable law or an open-source licence expressly permits, you may not reverse engineer, decompile, or modify it.

Open-source & third-party components

The Software includes third-party and open-source components licensed under their own terms. Those terms govern your use of those components and prevail over this section to the extent required.

Provided "as is": no warranty

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Cledion does not warrant that the Software will be uninterrupted, timely, secure, error-free, or accurate, or that it will detect, report, or prevent any particular condition, fault, outage, or event. Pre-release, beta, and unsigned builds may be incomplete or unstable and are used at your own risk.

Monitoring & advisory only: not a safety or control system

Cledion Stratum is monitoring and advisory software. It is read-only and does not control power, cooling, network, or any physical or safety system. You must not rely on it as a sole or primary means of detecting or preventing failures, outages, data loss, damage, or hazards, and you remain responsible for maintaining independent monitoring, alarms, safety systems, backups, and operational procedures appropriate to your environment. Do not use the Software in any situation where its failure or inaccuracy could lead to death, personal injury, or physical or environmental damage without adequate independent safeguards.

Your responsibilities

You are solely responsible for:

using the Software in compliance with all applicable laws and regulations;
only monitoring, scanning, or polling networks, systems, and devices that you own or are authorised to monitor;
securing your deployment, credentials, configuration, and data; and
your thresholds and alerts, and any action or inaction you take based on the Software's output.

Your data

The Software is designed to run on your own hardware and to store telemetry locally on your systems. When you run the Software, Cledion does not receive your monitoring data through the Software. How you collect, store, and process data using the Software is your responsibility. See our Privacy Policy for how we handle information you share with us directly.

Fees, updates & availability

Fees, support, maintenance, and availability for the Software are governed by the order or agreement you enter into with us. We may add, change, suspend, or discontinue the Software or any feature, and may update these Terms, at any time. Your continued use of the Software after a change takes effect constitutes acceptance of the updated Terms.

Export & sanctions

You represent that you are not located in, under the control of, or a national or resident of any country or party subject to applicable export-control or sanctions restrictions, and that you will not use or export the Software in violation of any such laws.

Limitation of liability (Software)

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLEDION AND ITS OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, BUSINESS INTERRUPTION, DOWNTIME, OR EQUIPMENT DAMAGE, ARISING OUT OF OR RELATED TO THE SOFTWARE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY. CLEDION'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SOFTWARE WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID CLEDION FOR THE SOFTWARE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100). Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you, and nothing in these Terms limits liability that cannot be limited by law.

Indemnification

You agree to indemnify and hold Cledion harmless from any claim, loss, or expense arising out of your use of the Software in breach of these Terms or of applicable law.

Governing Law

These terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles.

Dispute Resolution

Any disputes arising from these terms shall be resolved in the state or federal courts located in Delaware.