PATGuard Cloud Platform – Terms of Use
Who we are
The PATGuard Cloud Platform is managed by Seaward Electronic Limited of 15-18 Bracken Hill, South West Industrial Estate, Peterlee, County Durham, England, UK, SR8 2SW with registered company number 01674384 (“Seaward“, “we“, “us“, “our“).
Introduction
The PATGuard Cloud Platform is an online appliance testing data management service designed especially for test and tag operators, in-house testing and electricians. These Terms of Use are intended to explain our obligations as a service provider and your obligations as a user of the Subscription Services. Please read them carefully.
These Terms of Use are binding on any use of the Subscription Services and apply to you from the time that you access to the Subscription Service.
The Subscription Services will evolve over time based on user feedback. These Terms of Use are not intended to answer every question or address every issue raised by the use of the Subscription Services.
We reserve the right to update these Terms of Use at any time, effective upon the posting of modified terms to our website. We will make reasonable endeavours to communicate these changes to you/ your Licensee via email or notification or otherwise. It is your obligation to ensure that you have read, understood and agree to the most recent Terms of Use available on our website.
By using the Subscription Services you acknowledge that you have read and understood these Terms of Use and have the authority to act on behalf of any person for whom you are using the Subscription Services. You are deemed to have agreed to these Terms of Use on behalf of any entity for whom you use the Subscription Services.
Terms of Use
1. Definitions
“Authorised Users” means the Licensee’s employees, agents and independent contractors who are authorised to use the Subscription Services;
“Contract” means the contract between the Licensee and us for the provision of the Subscription Services, which consists of these Conditions, SLA and the Terms of Use;
“Customer Data” the data inputted by the Licensee, Authorised Users, or us on the Licensee’s behalf for the purpose of using the PATGuard Cloud Platform or facilitating the Licensee’s use of the PATGuard Cloud Platform;
“Licensee” means the person or entity that has been issued a License for the Subscription Services in accordance with the Contract;
“PATGuard Cloud Platform” the software provided by us available through website access and any other web-based or app-based interface and/or associated databases under the Contract;
“Subscription Services” means the provision of the PATGuard Cloud Platform, Support Services, Deliverables and any other output of these from the us to the Licensee under the Contract;
“User Licenses” means the number of “user licences” purchased by the Licensee pursuant to the Contract, each granting rights of access for one individual, Authorised Users, to access the Subscription Services;
“You”, “Your” means you, the person using and/or accessing the Subscription Services.
2. Roles and Responsibilities
2.1 Our Role
We are the custodians of Subscription Services. We keep the Subscription Services up and running, issue User Licenses to your Licensee (where applicable), and perform maintenance and enhancements to the Subscription Services in accordance with the Contract.
2.2 Your Licensee
Your Licensee is the person or entity that provisions and manages the receipt of the Subscription Services as well as all of the data you input into the PATGuard Cloud Platform. This is usually the company that you work for and who enters into the Contract. Your Licensee is the one that grants you access to the Subscription Services, and specifically the PATGuard Cloud Platform. We grant your Licensee permission to use our Subscription Services which includes functionality to add and manage User Licences and records such as yours.
2.3 You
You are a user of your Licensee’s provision of Subscription Services under the terms of the Contract granted to your Licensee. Although you are personally not directly party to the Contract, as a condition of access and use of the Subscription Services, you are personally required to agree to and abide by these Terms of Use.
Information that you submit to your Licensee’s Subscription Services is owned and managed by your Licensee as detailed in Section 8 (Ownership).
3. Obligations
3.1. In accessing the Subscription Services, you agree that you will not:
- use the Subscription Services in any way that violates any applicable law or regulation;
- hack or attempt to otherwise attempt to compromise the Subscription Services;
- circumvent security controls within the PATGuard Cloud Platform or otherwise;
- attempt to use any method designed to disrupt the Subscription Services including without limitation denial of service attacks;
- attempt to steal data, information, software source code, or any other property from the PATGuard Cloud Platform or otherwise;
- reverse engineer the PATGuard Cloud Platform;
- use the Subscription Services for any illegal activity;
- attempt to coerce any individual into revealing private information relating to the Subscription services (including passwords), or to solicit money including without limitation social engineering techniques;
- attempt to upload or introduce any virus, malware, or other malicious and/or harmful software into the PATGuard Cloud Platform or otherwise;
- use any device, software, process or means to interfere or attempt to interfere with the proper operation of the Subscription Services;
- use any automated device or script to attempt to retrieve, access, index, or “scrape” content from the Subscription Services (excluding authorized API integrations);
- undertake any activity that results in excessive traffic demands on the Subscription Services;
- violate any rights of a person including copyright, intellectual property or privacy rights;
- use the Subscription Services to transmit spam, promotional material, contests, junk email, or other such commercial activities; or
- upload or store any information or data on our servers that may infringe a third party’s copyright, trademark or intellectual property rights
3.2. In accessing the Subscription Services, you agree that you will:
- immediately report to us any suspected security vulnerability in the PATGuard Cloud Platform that you may discover by raising a ticket within the PATGuard Cloud Platform;
- secure your user account using a strong password that is not shared with anyone and is kept secret;
- not disclose any security-related vulnerability that you may discover to any party until a period of at least 48 hours after having notified us by raising a ticket within the PATGuard Cloud Platform, unless you are obliged to do so due to applicable mandatory legal requirements.
3.3. You acknowledge and agree that the PATGuard Cloud Platform is not intended for users to upload any personal or sensitive data unless specifically permitted under the Contract.
4. Grant of Use
Your access to the Subscription Services is permitted through the Contract agreed to by your Licensee. Your access is granted by your Licensee.
5. Access Rights
Access to the Subscription Services is managed and administered by Seaward and delegated and managed by your Licensee. We do not control, nor cannot be held accountable for your access, lack of access or termination of your access to the Subscription Services which is controlled exclusively by your Licensee.
6. Termination
6.1 Termination by Us
Notwithstanding the stated Access Rights in Section 5, We reserve the right to disable or terminate your access if we deem that:
- You are in breach of these Terms of Use; or
- We are required to do so by law.
6.2 Termination by You
You may stop using the Subscription Services at any time. You agree and understand that any data you have entered into the PATGuard Cloud Platform will continue to be governed in accordance with Section 8 (Ownership).
7. Privacy
The privacy of your information shall be governed by Our Privacy Policy which is available at the following location https://patguardcloud.com/privacy-policy.
Your information may also be governed by additional third party privacy policies.
8. Ownership
You agree that any Customer Data that you submit or upload to the PATGuard Cloud Platform becomes the property of your Licensee. Your Licensee has full rights to access and use the data, and the data is also subject to their policies. You should therefore be informed of the policies of your Licensee when volunteering data to their PATGuard Cloud Platform.
We are not authorised to delete, modify, reveal or otherwise administer your Customer Data without the express consent of your Licensee (other than to permanently delete all Customer Data on the termination of the Contract between us and your Licensee). Only your Licensee is authorised to perform those actions, or to request that we or another party perform them on their/your behalf.
If your Licensee has engaged with us via one of our reseller partners, any data you submit or upload to the Subscription Services may also be accessed by the reseller partner and may be also subject to their policies. If in doubt, check with your Licensee.
9. Authorised User-Generated Content
We host user-generated content from Authorised Users. If you access the Subscription Services, you may come across content that you find offensive or upsetting. Your sole remedy is to stop viewing the content. You may also report the content to your Licensee.
10. General Advice Warning
Except where expressly stated otherwise, material is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
11. Warranty
By uploading content to the Subscription Services, you agree that you have:
- All necessary licenses and permissions, to use and share content to the PATGuard Cloud Platform; and
- The rights necessary to grant the licenses in these Terms of Use.
12. Intellectual Property
Our software is not sold to you and all rights, title, and interest in and to all PATGuard Cloud Platform intellectual property rights, software, methods, patents and trademarks are owned exclusively by us, notwithstanding any other provision in the Contract. Except as expressly provided in these Terms of Use, we reserve all rights and do not grant you any rights, express or implied or by estoppel.
13. Limitation of Liability
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
In no event shall we be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, loss of revenue, loss of goodwill, loss of customers, loss of capital, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data, loss of anticipated savings or benefits suffered or incurred by or awarded against you under or in any way connected with the Contract or the Subscription Services. Notwithstanding anything to the contrary herein, our aggregate liability to you and our related affiliates to you for any cause of action whatsoever and regardless of the form of the action, will at all times be nil. Any claims or liability related to the Subscription Services must be directed to your Licensee.
Updated July 2025