Raspberry Pi Connect — Terms and Conditions

1. Definitions

The following definitions shall apply in this Agreement.

Acceptable Use Policy:

the acceptable use policy set out https://www.raspberrypi.com/acceptable-use/ along with the Raspberry Pi Connect Acceptable User Policy set out at Schedule 1 or such other website address as may be notified to the User from time to time.

Application:

(where applicable) any application developed by the User using the IOT Services, including both source code and object code, but excluding any User Content.

Authorised Users:

those employees, agents and independent contractors of the User who are authorised by the User to access and use the Raspberry Pi Connect/IOT Services.

Business Day:

a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.

Confidential Information:

information that is proprietary or confidential and is either clearly labelled as such or identified as Confidential Information in clause 11.5 or that by the nature of the information or the circumstances surrounding disclosure ought reasonably to be treated as confidential

Data Protection Laws:

All applicable laws relating to data protection and privacy, including the UK GDPR, the Data Protection Act 2018, the EU GDPR (Regulation (EU) 2016/679), and any other local privacy laws applicable to the User’s jurisdiction.

Documentation:

the document(s) made available to the User by Raspberry Pi online via https://www.raspberrypi.com/software/connect/ or such other web address notified by Raspberry Pi to the User from time to time which sets out a description of the IOT Services and the user instructions for the IOT Services.

Intellectual Property Rights:

patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world, and Intellectual Property Rights include, without limitation, any Marks.

Mark Guidelines:

Raspberry Pi trademark rules and brand guidelines set out at https://www.raspberrypi.com/trademark-rules/ or such other website address as may be notified to the User from time to time

Marks:

1. any trade marks, trade names, service marks, trade dress, logos, URLs and domain names;
2. any identifying slogans and symbols;
3. any abbreviation, contraction or simulation of any of the items in paragraph (a) or paragraph (b); and
4. the “look and feel”, of a party to this Agreement, whether or not registered.

Open-Source Software:

any software licensed under any form of open-source licence meeting the Open Source Initiative’s Open Source Definition (set out at www.opensource.org) or any libraries or code licensed from time to time under the General Public Licence (as described by the Free Software Foundation and set out at www.gnu.org), or anything similar, included or used in, or in the development of, the Services or the Software, or with which the Services or the Software is compiled or to which it is linked.

Platform:

Raspberry Pi’s infrastructure and cloud computing platform and runtime environment, as described in the Documentation.

Security Event:

1. any unauthorised third party access to the IOT Services or the Platform; or
2. any use of the Service by the User or any Authorised User that is in breach of the Acceptable Use Policy and has the potential to impact the Platform, the IOT Services or use of the IOT Services by any other User of Raspberry Pi; or
3. any Vulnerability or Virus introduced into the Platform or the IOT Services by (or facilitated through) the User, or any Authorised User.

IOT Services/Raspberry Pi Connect:

the IOT Services as provided by Raspberry Pi to the User under this Agreement as more particularly described in the Documentation, including:

1. the provision of the Platform, and the Software;
2. (if applicable) the hosting of any Applications on the Platform; and
3. such other services as Raspberry Pi may decide, at its discretion, to integrate into the Platform from time to time; and
4. any ancillary services (as specified by Raspberry Pi from time to time) that form part of Raspberry Pi Connect/the IOT Services.

Software:

any software, application programming interfaces (“APIs”) and other tools provided by Raspberry Pi from time to time as part of the IOT Services, including any updates Raspberry Pi may make to such applications and tools from time to time.

Term:

the term of this Agreement commencing on the earlier of your acceptance of this Agreement or your access to the Raspberry Pi Connect/IOT Services and terminating in accordance with clause 14.

Virus:

any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.

Vulnerability:

a weakness in the computational logic (for example, code) found in software and hardware components that, when exploited, results in a negative impact to confidentiality, integrity, or availability, and the term Vulnerabilities shall be construed accordingly.

User Account:

the User’s account with Raspberry Pi in respect of the IOT Services.

User Content:

all text, information, data, software, executable code, images, audio or video material, in whatever medium or form, inputted by the User, Authorised Users or Raspberry Pi on the User’s behalf for the purpose of using Raspberry Pi Connect/the IOT Services.

2. Access and Restrictions

1. 2.1Subject to the restrictions set out in this Agreement and the User’s compliance with this Agreement, Raspberry Pi grants to the User, via rights of access granted to its Authorised Users, a limited, non-exclusive, non-transferable, revocable right, without the right to sub-licence, to access and use Raspberry Pi connect/the IOT Services solely for the purposes set out in this Agreement.
2. 2.2The IOT Services are not designed, authorised or warranted to be suitable for access or use in anti-personnel landmines, nuclear facilities or weapons, chemical or biological weapons, missile technology, space or aircraft or air traffic applications, life support or life sustaining equipment, surgical implantation equipment or for any other purpose where the failure or malfunction of the IOT Services could reasonably be expected to result in personal injury, death, severe property or environmental damage. Use or association of the IOT Services in or with any such equipment, system or applications is strictly prohibited (unless Raspberry Pi agrees in advance in writing that such prohibition does not apply to a particular product) and any such use will be at the User’s own risk. The User will indemnify Raspberry Pi and its suppliers against any and all liability and expense (including costs) resulting from any such association or use
3. 2.3In relation to the Authorised Users, the User undertakes that (where applicable):
   1. each Authorised User shall keep a confidential secure password for their use of the IOT Services and Documentation;
   2. it shall disable any Authorised User’s access to the IOT Services promptly upon termination or suspension of such Authorised User’s employment or services contract with the User; and,
   3. it shall maintain a written, up-to-date list of current Authorised Users and provide such list to Raspberry Pi within five Business Days of Raspberry Pi’s written request at any time or times.
4. 2.4The User shall and shall ensure that all Authorised Users comply with the Acceptable Use Policy in relation to all User Content.
5. 2.5If the User becomes aware that any User Content breaches the Acceptable Use Policy, the User shall immediately suspend access to the IOT Services; and remove the relevant User Content.
6. 2.6Whenever Raspberry Pi reasonably suspects that there has been a breach of the Acceptable Use Policy, the User shall permit Raspberry Pi to audit all User Content to ensure compliance with the Acceptable Use Policy by the User. The parties acknowledge that Raspberry Pi is not obliged to carry out any such audit.
7. 2.7Notwithstanding any other provision in this Agreement, if there is a Security Event, or if the User is in breach of clause 2.4 or clause 2.5, Raspberry Pi may (but shall not be obliged to), without liability or prejudice to its other rights and without prior notice to the User, remove the relevant User Content and disable the User ‘s access to the IOT Services
8. 2.8The User shall not:
   1. except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties:
      1. except to the extent expressly permitted under this Agreement, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the IOT Services (as applicable) in any form or media or by any means; or
      2. attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the IOT Services;
   2. exceed any limitations on use of the IOT Services that Raspberry Pi may apply from time to time which may include by way of example: limits on the number of devices, number of keys per device and/or limitations on throughput.
   3. access all or any part of the IOT Services in order to build a product or service which competes with the IOT Services;
   4. use the IOT Services to provide IOT services to third parties;
   5. except as expressly permitted by the User’s specific subscription tier or as set out in clause 2.13, the User shall not license, sell, rent, lease, or otherwise commercially exploit the IOT Services as a standalone offering. For the avoidance of doubt: (i) it is permitted to use the IOT Services as a support or management tool for the User’s own commercial products or to manage devices for third-party customers. Direct reselling of the Platform or the provision of a “White Labelled” version is permitted only where the User has subscribed to the appropriate subscription tier to use the Organisation functionality and complies with the conditions set out in clause 2.13.
   6. attempt to obtain, or assist third parties in obtaining, access to the IOT Services other than as provided under this clause 2; or
   7. introduce, or permit the introduction of, any Virus or Vulnerability into the Platform or the IOT Services.
9. 2.9The User shall:
   1. use all reasonable endeavours to prevent any unauthorised access to, or use of, the IOT Services and/or the Documentation and, in the event of any such unauthorised access or use, promptly notify Raspberry Pi; and
   2. comply with any further obligations set out in the Documentation that govern use of the IOT Services.
10. 2.10The rights provided under this clause 2 are granted to the User only, and shall not be considered granted to any subsidiary or holding company of the User.
11. 2.11Any Open-Source Software provided by Raspberry Pi may be used according to the terms and conditions of the specific licence under which the relevant Open-Source Software is distributed but is provided “as is” and “as available” and expressly subject to the disclaimer in clause 13.2(b). Such terms and conditions shall govern such use to the extent that they expressly supersede this Agreement.
12. 2.12If the User is an original equipment manufacturer (OEM) or system integrator, the User may utilise the IOT Services to manage and support devices sold to third-party end-users, provided that: (a) the User remains responsible for all Authorised User activity; (b) the User does not represent themselves as the provider of the underlying Platform; and (c) the end-user is not charged a subscription fee specifically for the “Raspberry Pi Connect” functionality or IOT Services itself without a separate written agreement from Raspberry Pi.
13. 2.13Where a User subscribes to a tier that allows them to utilise the “Organisation” account functionality to provide access to third parties or via a white-labelled interface, the following shall apply:
    1. The User is responsible for all activity conducted under their Organisation account. Any breach of the Acceptable Use Policy by the User’s customers shall be deemed a breach by the User.
    2. The User acknowledges that they are the primary service provider to their customers. Raspberry Pi provides the infrastructure as a sub-processor and has no direct contractual or support obligation to the User’s third-party customers. The User is responsible for ensuring they have a lawful basis (e.g., consent or contract) to provide remote access to their customers’ devices and must provide their customers with an appropriate Privacy Policy governing such use.
    3. The User shall not make any representations or warranties on behalf of Raspberry Pi to its customers. The User shall explicitly state to its customers that the service is provided “as is” and “as available.

3. IOT Services

1. 3.1Raspberry Pi shall, during the Term provide the IOT Services and access to the Platform and make available the Documentation to the User on and subject to the terms of this Agreement.
2. 3.2From time to time Raspberry Pi may:
   1. modify the IOT Services by issuing updates; and
   2. make new features, functionality, applications or tools available in respect of the IOT Services, whose use may be subject to the User’s acceptance of further terms and conditions,

   and shall give the User prompt written notice of material modifications to the IOT Services and any such new features, functionality, applications or tools.

3. 3.3The User may from time to time provide suggestions, comments, or other feedback to Raspberry Pi regarding Raspberry Pi Connect and the IOT Services (“Feedback”). The User agrees that Raspberry Pi shall own all rights, title, and interest in and to the Feedback. Raspberry Pi shall be entitled to use Feedback without restriction, including for the improvement of Raspberry Pi Connect and the IOT Services, without any obligation of confidentiality, attribution, or compensation to the User.

4. Changes to this Agreement

1. 4.1Raspberry Pi may, at its sole discretion, make changes to the provisions of this Agreement from time to time. When changes are made we will make a new copy of this Agreement available at https://www.raspberrypi.com/ or other site as notified by Raspberry Pi. Any changes to this Agreement will be effective immediately for new users of the IOT Services and will be effective, five Business Days’ after posting notice of such changes at https://www.raspberrypi.com/ for existing users. The User may reject any such change by terminating access to or use of the IOT Services.
2. 4.2The User acknowledges and agrees that if it accesses or uses the IOT Services after the date on which such provisions have changed, Raspberry Pi will treat the User’s access or use as acceptance of the changed provisions.

5. Data Protection

1. 5.1As between the parties, the User owns any personal data in the User Content (“User Data”). Raspberry Pi will process User Data in accordance with:
   1. the Raspberry Pi Privacy Policy found at https://www.raspberrypi.com/privacy/ link and
   2. the Data Processing Schedule attached at Schedule 2, and,
   3. only as described in this Agreement and as necessary to provide the IOT Services, and will maintain appropriate administrative, technical and physical security measures to protect User Data against unauthorised access, disclosure and loss.
2. 5.2User will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the User Data to Raspberry Pi for the duration and purposes of this Agreement.
3. 5.3User is solely responsible for creating backup copies of any of User Data at its sole expense.

6. Third Party Providers

1. 6.1The User acknowledges that the IOT Services may enable or assist it to access and use the products and services from third parties via third-party websites and that it does so solely at its own risk. Raspberry Pi makes no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by the User, with any such third party. Any contract entered into and any transaction completed via any third-party website is between the User and the relevant third party, and not Raspberry Pi. Raspberry Pi recommends that the User refer to the third party’s website terms and conditions and privacy policy prior to using the relevant third-party website. Raspberry Pi does not endorse or approve any third-party website nor the content of any of the third-party website made available via the IOT Services.

7. Supplier’s Obligations

1. 7.1The IOT Services are provided “as is” and “as available” without warranty. Without prejudice to the generality of the foregoing, Raspberry Pi:
   1. does not warrant that:
      1. the User’s use of the IOT Services will be uninterrupted or error-free; or
      2. the IOT Services, Documentation and/or the information obtained by the User through the IOT Services will meet the User’s requirements; or,
      3. the Platform or the IOT Services will be free from Vulnerabilities or Viruses; and
   2. is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the User acknowledges that the IOT Services and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
2. 7.2This Agreement shall not prevent Raspberry Pi from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this Agreement.
3. 7.3The parties acknowledge and agree that:
   1. Raspberry Pi is not responsible or liable for the deletion of or failure to store any of the User Content, and other communications maintained or transmitted through use of the IOT Services; and
   2. the User is solely responsible for securing and backing up User Content.

8. User’s Obligations

1. 8.1The User shall:
   1. provide Raspberry Pi with:
      1. all necessary co-operation in relation to this Agreement; and
      2. all necessary access to such information as may be required by Raspberry Pi,

      in order to provide IOT Services, including User Content, security access information and configuration services;

   2. without affecting its other obligations under this Agreement, comply with all applicable laws and regulations, including any of those relating to the export of data and software, with respect to its activities under this Agreement;
   3. carry out all other User responsibilities set out in this Agreement in a timely and efficient manner.
   4. ensure that the Authorised Users use the IOT Services and the Documentation in accordance with the terms and conditions of this Agreement and shall be responsible for breach of this Agreement caused or contributed to by any acts or omissions on the part of any Authorised User;
   5. obtain and shall maintain all necessary licences, consents, and permissions necessary for Raspberry Pi, its contractors and agents to perform their obligations to the User under this Agreement, including provision of the IOT Services;
   6. ensure that its network and systems comply with the relevant specifications provided by Raspberry Pi from time to time; and,
   7. be solely responsible for procuring, maintaining and securing its network connections and telecommunications links from its systems to Raspberry Pi’s data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the User’s connections or telecommunications links or caused by the internet;
2. 8.2The User (or its licensors) shall own all Intellectual Property Rights in and to the User Content and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the User Content.
3. 8.3The User hereby grants to Raspberry Pi a non-exclusive, non-transferable right during the Term to carry out any acts that would otherwise be restricted by any of the User’s Intellectual Property Rights in the User Content for the sole purpose of enabling Raspberry Pi to provide the IOT Services to the User in accordance with this Agreement. Notwithstanding any other provision in this Agreement to the contrary, you agree that Raspberry Pi may use operational data derived by or on behalf of Raspberry Pi based on your use or access to the IOT Services. To the extent that such operational data constitutes personal data Raspberry Pi shall process such data in accordance Clauses 5 (Data Protection) and 11 (Confidentiality).

9. Charges

1. 9.1Raspberry Pi reserves the right to charge Users for Raspberry Pi connect and the IOT Services on payment terms as notified by Raspberry Pi to the User.
2. 9.2Notwithstanding any versions provided free of charge previously, Raspberry Pi reserves the right to introduce charges for Raspberry Pi Connect/the IOT Services or for specific premium features in the future. Any transition from free of charge to a paid model will be subject to a minimum of five (5) days’ notice to the User. Continued use of the IOT Services after the effective date of any such price change shall constitute acceptance of the new charges. Where charges are levied by use for use of the Service you agree to pay them monthly in advance in United States Dollars (USD) (or as otherwise agreed by Raspberry Pi). Charges are calculated based on your selected subscription plan and any add-on services.
3. 9.3All charges are non-refundable and exclusive of applicable taxes (including but not limited to VAT, GST, Sales tax, indirect taxes, duties of levies), which shall be the sole responsibility of the User. You shall pay such taxes in addition to our charges at the prevailing rate. If you are required by law to make any deduction or withholding, you shall pay such additional amounts as are necessary to ensure that we receive a net amount equal to the full amount we would have received had no such deduction been required.
4. 9.4Unless otherwise agreed in writing, we reserve the right to modify our prices subject to 30 days’ prior written notice. If any sum remains unpaid after its due date, we reserve the right to charge interest on the overdue amount. In accordance with the Late Payment of Commercial Debts (Interest) Act 1998, interest shall accrue at a rate of 1.5% per month (compounded quarterly) or the statutory rate, whichever is higher, from the due date until full payment is received. We reserve the right to suspend or terminate your access (at our sole discretion) to the Service if payment is not received by the due date,

10. Proprietary Rights

1. 10.1The User acknowledges and agrees that Raspberry Pi and/or its licensors own all Intellectual Property Rights in the IOT Services and Raspberry Pi’s Marks. Except as expressly stated in this Agreement, this Agreement does not grant the User any rights to, or in any Intellectual Property Rights or any other rights or licences in respect of the IOT Services or Raspberry Pi’s Marks.
2. 10.2Raspberry Pi confirms that it has all the rights in relation to the IOT Services and Raspberry Pi’s Marks that are necessary to grant all the rights it purports to grant under, and in accordance with, the terms of this Agreement.
3. 10.3If the User wishes to display Raspberry Pi’s Marks in relation to its use of the IOT Services, the User shall:
   1. obtain a revokable written licence from Raspberry Pi (to be granted at Raspberry Pi sole discretion) through the process specified in the Mark Guidelines; and
   2. at all times comply with the Mark Guidelines; and
   3. subject to 10.3(a) above, cease using any Raspberry Pi Marks immediately upon termination or expiry of this Agreement or upon notice from Raspberry Pi (whichever the earlier).
4. 10.4All uses of a party’s Marks under clause 10.3 , including all goodwill arising, shall accrue solely to the benefit of the party owning the Intellectual Property Rights in those Marks.

11. Confidentiality

1. 11.1Each party may be given access to Confidential Information from the other party in order to perform its obligations under this Agreement. A party’s Confidential Information shall not be deemed to include information that:
   1. is or becomes publicly known other than through any act or omission of the receiving party;
   2. was in the other party’s lawful possession before the disclosure;
   3. is lawfully disclosed to the receiving party by a third party without restriction on disclosure;
   4. is independently developed by the receiving party, which independent development can be shown by written evidence; or
   5. is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
2. 11.2Each party shall hold the other’s Confidential Information in confidence and, unless required by law, not make the other’s Confidential Information available to any third party, or use the other’s Confidential Information for any purpose other than the implementation of this Agreement.
3. 11.3Each party shall take all reasonable steps to ensure that the other’s Confidential Information to which it has access is not disclosed or distributed by its employees or agents in breach of the terms of this Agreement.
4. 11.4Raspberry Pi shall not be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party.
5. 11.5The parties acknowledge that:
   1. Raspberry Pi’s Confidential Information includes details of the IOT Services, and the results of any performance tests of the IOT Services; and
   2. the User’s Confidential Information includes the User Content
6. 11.6No party shall make, or permit any person to make, any public announcement concerning this Agreement without the prior written consent of the other parties (such consent not to be unreasonably withheld or delayed), except as required by law, any governmental or regulatory authority (including any relevant securities exchange), any court or other authority of competent jurisdiction.

12. Indemnity

1. 12.1The User shall defend, indemnify and hold harmless Raspberry Pi against claims, actions, proceedings, losses, damages, expenses and costs (including court costs and reasonable legal fees) arising out of or in connection with: (a) The User Content (including any personal data or sensitive information contained therein); (b) The User’s Marks; (c) Any violation by the User of the Export Laws; (d) The User’s (or Authorised Users’) access or use of Raspberry Pi Connect/IOT Services in a manner that breaches this Agreement and/or the Acceptable Use Policy; and, (e) any claims brought against Raspberry Pi by the User’s own customers or third parties arising from the User’s reselling or white-labelling of the IOT Services or integration of the IOT Services into a commercial product or service provided to end-users.

13. Limitation of Liability

1. 13.1This clause 13 sets out the entire financial liability of Raspberry Pi (including any liability for the acts or omissions of its employees, agents and subcontractors) to the User or any Authorised User:
   1. arising under or in connection with this Agreement;
   2. in respect of any access or use made by the User or any Authorised User of Raspberry Pi Connect and the IOT Services or any part of them; and
   3. in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Agreement.
2. 13.2Except as expressly and specifically provided in this Agreement:
   1. the User assumes sole responsibility for results obtained from the use of Raspberry Pi Connect and the IOT Services by the User, and for conclusions drawn from such use. Raspberry Pi shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to Raspberry Pi by the User in connection with Raspberry Pi Connect and the IOT Services, or any actions taken by Raspberry Pi at the User’s direction;
   2. all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this Agreement; and,
   3. Raspberry Pi Connect and the IOT Services and the Documentation are provided to the User “as is” and “as available” basis.
3. 13.3Nothing in this Agreement excludes either party’s liability for:
   1. for death or personal injury caused by Raspberry Pi’s negligence; or
   2. for fraud or fraudulent misrepresentation; or
   3. Any other liability that cannot be excluded or limited under law.
4. 13.4Subject to clause 13.2 and clause 13.3 above:
   1. Raspberry Pi shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses, however arising under this Agreement; and
   2. Raspberry Pi’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, infringement of intellectual property rights, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the lesser of: (i) the total fees paid by the User to Raspberry Pi for the Connect/IOT Services during the 6 months immediately preceding the date on which the claim arose; or, (ii) $10,000 (Ten Thousand USD).
5. 13.5Security of Credentials. The Connect/IOT Services utilise end-to-end encryption and secure authentication methods as described in the Documentation and at https://www.raspberrypi.com/documentation/services/connect.html#security The User acknowledges that they are solely responsible for the security of their own account credentials, private keys, and device-level passwords. Raspberry Pi shall have no liability for any unauthorised access, data loss, or Security Event resulting from the User’s failure to maintain the confidentiality of such credentials or for any “man-in-the-middle” attacks occurring on the User’s own local network.

14. Term and Termination

1. 14.1This Agreement shall, unless otherwise terminated as provided in this clause 14, continue in force.
2. 14.2User may terminate this Agreement for any reason or no reason at all, at User’s convenience, by ceasing use of the IOT Services and providing Raspberry Pi with written notice. Any pre-paid amounts are non-refundable in the event of termination. No pro-rata refunds or credits will be issued for any unused portion of a pre-paid period.
3. 14.3Notwithstanding anything to the contrary, Raspberry Pi may change, suspend, or discontinue the availability or any functionality of the IOT Services, or any aspect of your use of or access to Raspberry Pi Connect and the IOT Services, at any time without notice to you and without incurring any liability to you. Furthermore, Raspberry Pi may terminate this Agreement with immediate effect by written notice and without incurring any liability to you.
4. 14.4On termination of this Agreement for any reason:
   1. all access rights to the IOT Services and licences granted under this Agreement shall immediately terminate;
   2. each party shall return and make no further use of any equipment, property, documentation and other items (and all copies of them) belonging to the other party;
   3. without limiting the effect of clause 14.4(b), Raspberry Pi may require the User immediately to return all copies of the Software, the Documentation, Raspberry Pi’s Confidential Information and any other materials or to delete the same from the User’s computer and communications systems and devices used by the User including such systems and data storage IOT Services provided by third parties (to the extent technically and legally practicable). The User may, at Raspberry Pi’s request, be required to confirm in writing that all such copies have been returned or so deleted.
   4. Raspberry Pi may destroy or otherwise dispose of any of the User Content in its possession unless Raspberry Pi receives, no later than ten days after the effective date of the termination of this agreement, a written request for the delivery to the User of the then most recent back-up of the User Content. Raspberry Pi shall use reasonable commercial endeavours to deliver the back-up to the User within 30 days of its receipt of such a written request. The User shall pay all reasonable expenses incurred by Raspberry Pi in returning or disposing of User Content;
   5. any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination; and
   6. any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this Agreement, including clause 1 (Definitions), clause 5 (Data Protection), clause 11 (Confidentiality), clause 12 (Indemnity) and clause 14 (Term and Termination), shall remain in full force and effect.

15. Force Majeure

Raspberry Pi shall have no liability to the User under this Agreement to the extent that it is prevented from or delayed in performing its obligations under this Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including strikes, lock-outs or other industrial disputes (whether involving the workforce of Raspberry Pi or any other party), disruption or failure of a utility service or transport or telecommunications network (including the internet), act of God, epidemic, pandemic, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

16. Waiver

No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

17. Severance

1. 17.1If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.

18. Entire agreement

1. 18.1This Agreement, and any documents referred to in it, constitute the whole Agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover. If through accessing the IOT Services you utilise or obtain any product or service from a third party, you may be additionally subject to such third party’s terms and conditions and this Agreement will not affect your legal relationship with such party.

19. Assignment

1. 19.1The User shall not, without the prior written consent of Raspberry Pi, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under this Agreement.
2. 19.2Raspberry Pi may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under this Agreement.

20. No Partnership or Agency

Nothing in this Agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

21. Third Party Rights

This Agreement does not confer any rights on any person or party (other than the parties to this agreement and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.

22. Export Compliance

Software, documentation, and any related technical data included with, or contained in, the IOT Services, and any products utilising the IOT Services (collectively, “Regulated Products”) may be subject to export control laws and regulations of the United States, the United Kingdom, and/or other countries (“Export Laws”). The User shall not, and shall not permit any third parties to, directly or indirectly, export, re-export, or release any Regulated Products to any jurisdiction or country to which, or any party to whom, the export, re-export, or release of any Regulated Products is prohibited by Export Laws, including sanctions or embargoes administered by the United States Government, the United Kingdom Government, or any other applicable government authority. The User shall comply with all applicable Export Laws and shall complete all required undertakings (including obtaining any necessary export licence or other government approval), prior to exporting, re-exporting, or releasing any Regulated Products.

23. Notices

1. 23.1Note that any notice:
   1. given by us to you will be deemed received and properly served 24 hours after it is first posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter; and
   2. given by you to us will be deemed received and properly served 24 hours after an email is sent, or three days after the date of posting of any letter.
2. 23.2In proving the service of any notice, it will be sufficient to prove, in the case of posting on our website, that the website was generally accessible to the public for a period of 24 hours after the first posting of the notice; in the case of a letter, that such letter was properly addressed, stamped and placed in the post to the address of the recipient given for these purposes; and, in the case of an email, that such email was sent to the email address of the recipient given for these purposes.

24. Governing Law and Jurisdiction

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) (“Dispute”) shall be governed by and construed in accordance with English law and the parties agrees that the courts of England and Wales shall have non-exclusive jurisdiction to settle any Dispute.

Schedule 1 — Raspberry Pi Connect Acceptable Use Policy

1. 1.This Raspberry Pi Connect Acceptable Use Policy applies in addition to the AUP found at https://www.raspberrypi.com/acceptable-use/ and is applicable to all users of Raspberry Pi Connect/IOT Services. It is designed to ensure the security, reliability, and integrity of Raspberry Pi’s platform and the safety of its global user community. In the event of conflict, the Raspberry Pi Connect Acceptable Use Policy shall apply.
2. 2.The User shall not access, store, distribute, or transmit any viruses, or any material (including visual streams, files, or terminal inputs) during the course of its use of Raspberry Pi Connect/the IOT Services that:
   1. 3.1is unlawful, fraudulent, harmful, threatening, defamatory, obscene, infringing, harassing, or racially or ethnically offensive.
   2. 3.2facilitates or incites illegal activity or depicts sexually explicit images.
   3. 3.3infringes any intellectual property rights of any person or entity.
   4. 3.4promotes unlawful violence or is otherwise illegal or causes damage or injury to any person or property.
   5. 3.5is discriminatory based on protected characteristics including race, gender, colour, religious belief, sexual orientation, disability, or age, in accordance with the UK Equality Act 2010 and applicable international standards.
3. 3.The User shall not use Raspberry Pi Connect/the IOT Services to:
   1. 4.1gain or attempt to gain unauthorised access to any Raspberry Pi device, account, or network that the User does not have explicit permission to manage.
   2. 4.2violate the security, integrity, or availability of any user, network, computer or communications system, software application, or network/computing device.
   3. 4.3engage in network scanning, “brute force” attacks, or packet sniffing against Raspberry Pi’s infrastructure or Relay Servers.
   4. 4.4attempt to circumvent user authentication or security of any host, network, or account.
   5. 4.5engage in any activity that unfairly monopolises bandwidth or platform resources, or otherwise degrades the service for other users of any version.
4. 4.Communications and Messaging
   1. 5.1The User shall not use Raspberry Pi Connect/the IOT Services to distribute, publish, send, or facilitate the sending of unsolicited mass email or other messages, promotions, advertising, or solicitations (Spam).
5. 5.Monitoring and Enforcement
   1. 6.1Raspberry Pi reserves the right, without liability or prejudice to its other rights, to disable, suspend, terminate User access to the Raspberry Pi Connect/IOT Services or remove any User Content that breaches the provisions of this Raspberry Pi Connect Acceptable Use Policy.
   2. 6.2Upon entering into the attached Agreement you agree to be bound by this Raspberry Pi Connect Acceptable Use Policy. If you become aware of any violation of this Raspberry Pi Connect Acceptable Use Policy, you must notify Raspberry Pi immediately.
6. 6.Transmission of Sensitive Information
   1. 7.1The IOT Services are intended for remote device management and are not designed for the secure transmission or display of high-risk sensitive data.
   2. 7.2The User is strictly prohibited from using the IOT Services to access, display, or transmit: (a) Special categories of personal data (as defined by UK GDPR); (b) Financial account information or payment card data (PCI DSS regulated data); (c) Highly regulated health information.
   3. 7.3The User acknowledges that because the IOT Services provide a visual stream of the device’s desktop or terminal, the User is responsible for ensuring that no such sensitive information is visible on the screen during a remote session.

Schedule 2 — Data Processing Schedule

1. 2.1The parties acknowledge that for the purposes of Data Protection Laws:
   • Raspberry Pi is a Data Controller for account management data, service metadata (IP addresses, connection logs), and billing information (if applicable).
   • Raspberry Pi is a Data Processor for any personal data contained within the User Content (e.g., the visual stream or data transmitted during a remote session).
2. 2.2To the extent that Raspberry Pi processes personal data on behalf of the User, Raspberry Pi shall:
   1. (a) Instructions: Process personal data only on the User’s documented instructions, including with regard to transfers of personal data to a third country, unless required to do otherwise by UK or applicable international law.
   2. (b) Confidentiality: Take reasonable steps to ensure the reliability of any employee, agent or contractor who may have access to the applicable data on Raspberry Pi’s behalf, ensuring in each case that access is strictly limited to those individuals who need to know, as strictly necessary for the purposes of this Agreement. Raspberry Pi agrees to comply with Data Protection Laws (as applicable) and shall ensure employees and agents/contractors are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.
   3. (c) Security: Implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, including encryption of data in transit via the Raspberry Pi Connect.
   4. (d) Sub-processing: Not engage another processor (e.g., a cloud relay provider) without prior specific or general written authorisation. Raspberry Pi shall remain fully liable to the User for the performance of any sub-processor’s obligations (where applicable).
   5. (e) Data Subject Rights: Assist the User, insofar as this is possible, for the fulfilment of the User’s obligation to respond to requests for exercising the data subject’s rights (e.g., Subject Access Requests).
   6. (f) Breach Notification: Notify the User without undue delay after becoming aware of a personal data breach involving the Raspberry Pi Connect services.
3. 2.3International Transfers:
   1. (a) For users in the UK/EEA: Raspberry Pi shall not transfer personal data outside the UK or the European Economic Area (EEA) unless it ensures a similar degree of protection is afforded to it.
   2. (b) Where required, Raspberry Pi will utilise the UK International Data Transfer Agreement (IDTA) or the Standard Contractual Clauses (SCCs) to govern such transfers.
   3. (c) For users Outside the UK/EEA User acknowledges that where applicable their data will be transferred to and processed in the United Kingdom. By using the Raspberry Pi Connect services the User/you consent to this transfer.
4. 2.4Nature of Processing: The User acknowledges that during a remote session via Raspberry Pi Connect, Raspberry Pi acts as a “mere conduit.” While data may be routed through Relay Servers, such data is encrypted and is not viewed, accessed, or stored by Raspberry Pi in a decrypted format. Please see the section on the security of Raspberry Pi Connect in our documentation for further information on this: https://www.raspberrypi.com/documentation/services/connect.html#security
5. 2.5Metadata Retention: Raspberry Pi may retain Service Metadata (connection timestamps, duration, and IP addresses) for a period of up to 90 days (unless a longer period is required by law) for the purposes of security auditing, fraud prevention, and service optimisation.