Terms and Conditions for Use of Intellikran PLC
Last Updated: [09/04/2025]
Introduction:
This Terms and Conditions Agreement governs the use of the Intellikran by any person, company, or organization accessing or utilizing the Intellikran for any purpose, including monitoring, controlling, and maintaining machinery such as cranes, generators, material handling equipment, conveyor systems, and other machinery integrated with
Intellikran. By purchasing, installing, or using the Intellikran, you agree to abide by these terms and conditions.
1. Product Use & License:
License Grant:
Upon purchase of the product, the user is granted a limited, nonexclusive, non-transferable license to use the product and its associated software solely for its intended purposes. The user may not reverse engineer, modify, or distribute the product’s software or firmware.
Authorized Use:
The product is to be used in compliance with all applicable safety standards, including IS0 12482, FEM 9.755, FEM 1.001, and 2006/42/EC machinery directive. unauthorized modifications or misuse of the product may void warranties and could lead to system failure, safety hazards, or other liabilities.
Customizations:
Any customization or modification of the product beyond its default specifications must be performed by the company or authorized personnel. Unauthorized changes may result in the voiding of warranties or support.
2. Data & Privacy:
Data Collection and Usage:
The product may collect data such as load values, operation information, faults, maintenance logs, and test results. This data will be stored on local SD cards and may also be backed up in the cloud (e.g., Firebase, AWS, Google IoT Core, or other platforms as applicable).
Data Storage and Backup:
While the product includes provisions for data backup on both local storage (SD card) and cloud-based services, the User is solely responsible for ensuring that any data critical to operations is properly backed up and secured.
Security:
We use industry-standard encryption and security measures to protect your data; however, the user understands and acknowledges that no data transmission over the internet or data storage system can be 100% secure. The company is not liable for any unauthorized access to data caused by breaches beyond our control.
Data Retention:
The company will retain data only for the duration of its service to the user and will follow applicable data retention policies. Users may request access to or deletion of their data in accordance with applicable laws.
3. User Responsibilities:
Compliance:
Users must ensure that all personnel operating or interfacing with the product comply with all relevant safety, operational, and maintenance procedures as outlined in the product documentation and manuals.
Maintenance and Inspection:
The user is responsible for regular inspection and the maintenance of the product, including any hardware and software updates, ensuring that the product remains in proper working condition & if the equipment is not performing to the agreed level of expectations, the company shall be promptly notified on the same.
Security Access:
Users must ensure that access to the system is protected with secure passwords, and only authorized individuals are allowed to access or modify system settings. Any modifications carried out must be at first instance notify to the company to ensure it is recorded for future reference. The user must immediately notify the company of any unauthorized access.
Liability for Misuse:
The user is responsible for any damages, malfunctions, or liabilities arising from misuse of the product, including failure to follow installation or maintenance procedures, unauthorized modifications, or failure to comply with the relevant safety standards.
4. Warranty & Limitation of Liability:
Warranty:
The product is covered by a limited warranty that ensures its functionality in accordance with the specifications. This warranty is limited to defects in materials or workmanship and does not cover damage due to misuse, unauthorized modifications, or failure to follow proper installation and maintenance guidelines.
Limitation of Liability:
The company’s liability is limited to the cost of the product or service directly provided. The company is not liable for any indirect, incidental, special, or consequential damages, including, but not limited to, loss of data, downtime, or loss of profits. Neither is the company at any time liable for any claims made by the user and its employees for any accidents, injury caused or death of any employee.
No Liability for Failure:
The company is not responsible for any failure of the product due to environmental factors, external damage, improper handling, or failure to maintain the system as prescribed. The User acknowledges that no system is infallible, and all machinery carries inherent risk.
5. Service and Support:
Support Services:
The company provides technical support for the product, including troubleshooting and maintenance assistance. Support services may be subject to additional charges depending on the nature and scope of the service required.
Software Updates:
The company will provide software updates to enhance functionality and security. These updates will be made available through online channels and require mandatory installation by the User.
Service Interruptions:
While the company aims to ensure continuous service, it does not guarantee that the system will always be available, especially during updates, maintenance, or unforeseen circumstances.
6. Indemnification
The user agrees to indemnify and hold harmless the company, its affiliates, officers, employees, and agents from any claims, damages, liabilities, costs, and expenses arising out of the User’s use of the product, including any violation of these Terms and Conditions.
7. Pricing & Payment Terms
Product Pricing:
The price for the Intellikran PLC and any associated services (including installation, customization, and support) will be as specified in the quotation provided by Intellicontrol LLC. Prices are subject to change based on market conditions, product configuration, and service level selections. The final price will be confirmed upon order acceptance.
Additional Charges:
Any additional features, upgrades, customizations, or third-party integrations (such as AWS, Google IoT Core, or other platforms) requested by the User may incur additional charges. These charges will be quoted separately and must be agreed to before such services are provided.
Taxes:
The prices quoted are exclusive of taxes. The user agrees to pay all applicable taxes, including sales tax, VAT, or other government-mandated taxes and duties imposed on the sale of the product and related services. The company will include the applicable taxes on the final invoice, as required by local law.
Currency:
The payments shall be made in bank transfers unless otherwise agreed upon in writing.
Deposit:
A non-refundable deposit of 50% of the total purchase price may be required at the time of order confirmation, especially for customizations or large orders. The remaining balance is due before the shipment of the product or upon completion of installation, as applicable.
Full Payment Upon Completion:
Unless otherwise agreed upon, full payment for the product and services must be made before the product is shipped or the services are delivered, unless a credit arrangement has been made with the Company. The product will not be delivered or installed until full payment is received and processed.
8. Termination
Termination by User:
The user may terminate the use of the product by discontinuing its use and notifying the company. Upon termination, the User must stop using the product and ensure proper disposal of any proprietary software or materials. Any extended use of the product after termination shall be deemed as a breach of this agreement and the company shall reserve the right to legal recourse.
Termination by Company:
The company reserves the right to terminate this agreement if the user violates any of the terms outlined herein. Upon termination, the user must immediately cease all use of the product and return any associated hardware and software
9. Governing Law and Dispute Resolution
Governing Law:
These Terms and Conditions are governed by and construed in accordance with the laws of Dubai, the United Arab Emirates.
Dispute Resolution:
Any disputes arising out of or relating to these Terms and Conditions shall be resolved through binding arbitration in the respective countries rather than in a court of law.
10. Miscellaneous
Amendments:
The company reserves the right to amend these Terms and Conditions at any time. The user will be notified of any significant changes, and continued use of the product after such changes will constitute acceptance of the updated terms.
Severability:
If any provision of this agreement is found to be invalid or unenforceable, the remainder of the agreement will remain in full force and effect.
Contact Information
For questions or concerns about payments or pricing, please contact us at:
Website: www.intellicntrl.com