Terms of Use

1. Services

Protonest IoT (Pvt) Ltd, together with its related product Protonest Connect (“Protonest”), collectively provide the following services:

• IoT prototyping services, including hardware/software design, consulting, and related resources.
• Cloud‐based Internet of Things (“IoT”) software‐as‐a‐service (SaaS) platform enabling users to connect devices, deploy, manage, monitor, analyze, and/or control internet-enabled hardware and software (each, a “Device”), via APIs, dashboards, tools, and related documentation (collectively, the “Platform”).

You may access the Services subject to the terms of this Agreement. Protonest may add, modify, or remove features, tools, or other elements of its websites or Platform without prior notice.

2. Eligibility

Only human users are permitted to access and use the Protonest platforms. Automated bots or non-human entities are strictly prohibited from registering or logging in. Clients must provide valid registration details during onboarding.

3. Registration; Accounts

4. Ownership; License Grants

4.1 Protonest IP

Except for Your Content and Your Data (as defined below), Protonest and its licensors own all rights, title, and interest in and to the Services, Platform, and related intellectual property (the “Protonest IP”).

4.2 License to you

Subject to your compliance with this Agreement, Protonest grants you a limited, non-exclusive, non-transferable, revocable license to use the Services for your internal business purposes.

4.3 Your Content / Your Data

• “Your Content” means all information, materials, text, images, audio, video, software, or other content you or your End Users upload, enter, transmit, or store through the Services.
• “Your Data” refers to device output, telemetry, configuration files, logs, or other data collected by your Devices, Applications, or via the Platform.

You retain ownership of Your Content and Your Data. You grant Protonest a worldwide, royalty-free, non-exclusive, sublicensable license to use, reproduce, adapt, modify, distribute, publicly perform, and display Your Content (as permitted by your account settings) and Your Data (in de-identified or aggregated form) for the purposes of operating, providing, and improving the Platform.

4.4 Feedback/Improvements

In a case where you provide feedback, suggestions, or modifications (“Feedback”) to Protonest, you grant Protonest a perpetual, irrevocable, worldwide, fully paid-up, royalty-free, sublicensable right to use and incorporate the Feedback (and any improvements derived therefrom) into the Platform without obligation of attribution, compensation, or confidentiality.

4.5 Trademarks

The Protonest name, logo, and other service marks are trademarks of Protonest IoT (Pvt) Ltd or its affiliates. You may not use such marks without prior written permission.

5. Content Responsibilities; Acceptable Use

5.1 You are solely responsible for Your Content and Your Data. You represent and warrant that:

• Your Content and Your Data will not infringe the rights (including intellectual property or privacy) of any third party;
• They will not contain malicious code (viruses, worms, etc.);
• They will not be unlawful, defamatory, obscene, pornographic, harassing, or otherwise objectionable;
• You will comply with all applicable laws, rules, or regulations regarding your use of the Services.

5.2 Protonest has no obligation to monitor or pre-screen content or data you upload. However, Protonest reserves the right to remove, disable access to, or refuse any content or data in its sole discretion.

6. Fees, Payment, and Billing

If you subscribe to a paid plan of the Services, you will pay the fees in accordance with the applicable pricing schedule. Fees are non-refundable unless expressly stated. You agree to pay all applicable taxes and any applicable withholding taxes. Protonest may increase fees or introduce new fees by giving you prior notice before the effective date. Late payments may incur interest. Protonest may suspend or terminate your access if you fail to pay when due.

7. Term and Termination

8. Marketing and Testimonials

We may use your company name and logo for promotional purposes. If you prefer to opt out, please contact us at info@protonest.co.

9. Warranty Disclaimer

The Services are provided “as is” and “as available,” except as otherwise agreed in writing. Protonest disclaims all warranties, whether express or implied, including non-infringement, merchantability, fitness for a particular purpose, data accuracy, results reliability, uninterrupted service, or error-free operation. You understand that Protonest cannot fully guarantee that the Services will meet your requirements or operate without interruption or error.

10. Limitation of Liability

To the maximum extent permitted by applicable law, in no event will Protonest (or its affiliates, officers, directors, employees, or licensors) be liable to you or any third party for any indirect, incidental, special, exemplary or consequential damages (including loss of profit, business interruption, loss of data or goodwill) arising out of or related to this Agreement or your use of the Services, even if Protonest has been advised of the possibility of such damages. Protonest’s aggregate liability under this Agreement will not exceed the fees paid by you in the twelve (12) months preceding the claim.

11. Governing Law

This Agreement is governed by the laws of Sri Lanka, where Protonest is headquartered, without regard to conflict-of-laws rules.

12. Export Compliance

You agree to comply with all applicable export control laws and regulations, including those of the United States, the European Union, and other relevant jurisdictions. You will not use or permit use of the Services in any prohibited end-use (such as nuclear, chemical, or biological weapons, missiles, military systems, or other defense applications) or by any entity subject to trade or other sanctions.

13. Confidentiality

Each party shall keep confidential and not disclose to any third party confidential information received from the other party under this Agreement (“Confidential Information”) for the term of this Agreement and for two (2) years thereafter; provided that Confidential Information does not include information that is (i) already known, (ii) becomes publicly available without breach of this Agreement, (iii) is rightfully received from a third party without restriction, (iv) is legally required to be shared for the purpose of litigation, or (v) is independently developed. Both parties agree to use the information only to perform their obligations under this Agreement.

14. Modifications to Agreement

Protonest may change this Agreement at any time in its sole discretion. When changes are made, Protonest will post the revised Agreement on its website and update the “Last Updated” date. If you are registered for an Account, Protonest may also send notice by email. Your continued use after the effective date constitutes acceptance of the modifications. If you do not agree with the modifications, you must stop using the Services and terminate your Account.

15. Miscellaneous

16. Acceptable Use Clause

As a material part of your obligations under this Agreement, you must comply with the Acceptable Use Clause of Protonest. Prohibited uses include, but are not limited to:

• Use of the Services beyond the scope of your subscription or account entitlement.
• Applications in life-support, critical control systems, aircraft, nuclear, traffic, or other high-risk safety scenarios (unless separately agreed).
• Fraudulent, illegal, or malicious activity.
• Harassment, threats, hate speech, exploitation of minors, pornography.
• Spam, unsolicited messages, pyramid schemes, or other unsolicited communications.
• Reverse-engineering or attempting to derive the source code of the Platform, or circumventing usage limits.
• Resale or redistribution of Services or Platform without express permission.

Protonest reserves the right to suspend or terminate your access immediately for violation of the Acceptable Use Policy.

17. Privacy

Your use of the Services is also governed by Protonest’s Privacy Policy, which is incorporated by reference. Please review it to understand how Protonest collects, uses, stores, and shares personal information.

18. Contact Information

If you have any questions, concerns, or requests regarding this Agreement, you may contact: