Gnome Automation Gnome Automation
Home

Legal

Terms of Service

Last updated

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the website located at gnomeautomation.com (the "Site"), operated by Gnome Automation ("Gnome," "we," "us," or "our"), a company based in Sacramento, California. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to all of these Terms, do not use the Site.

2. Description of the Site

The Site is an informational website that describes Gnome Automation's industrial automation services, including PLC programming, SCADA integration, HMI design, safety systems, AI integration, and related offerings. The Site also provides a contact form through which prospective clients may submit inquiries.

The Site does not offer user accounts, e-commerce, or online transactions. All specific project engagements with Gnome Automation are governed by separately negotiated and executed agreements, such as a Master Services Agreement (MSA) or Statement of Work (SOW).

3. Use of the Site

You agree to use the Site only for lawful purposes and in a manner that does not:

  • Violate any applicable local, state, national, or international law or regulation;
  • Infringe upon the rights of any third party;
  • Attempt to gain unauthorized access to any portion of the Site, its servers, or any systems or networks connected to the Site;
  • Use any automated means (including bots, scrapers, or spiders) to access, monitor, or copy any content on the Site without our prior written consent;
  • Interfere with or disrupt the integrity or performance of the Site;
  • Transmit any viruses, malware, or other harmful code; or
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity.

We reserve the right to restrict or terminate your access to the Site at any time, without notice, for any conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

4. Intellectual Property

All content on the Site, including but not limited to text, graphics, logos, images, photographs, illustrations, software, and the overall design and arrangement thereof (collectively, "Content"), is the property of GNOME Automation or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and view the Content for your personal or internal business evaluation purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any Content without our prior written consent, except as incidental to normal web browsing (such as caching by your browser).

The Gnome Automation name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Gnome Automation or its affiliates. You may not use such marks without our prior written permission.

5. Contact Form Submissions

The Site provides a contact form for business inquiries. Any information you submit through the contact form (including your name, email address, phone number, company name, and message content) is collected and processed in accordance with our Privacy Policy.

Please do not submit confidential, proprietary, or trade-secret information through the contact form. Any unsolicited information you provide will not be treated as confidential. If you require a confidentiality agreement before sharing sensitive project details, please indicate this in your initial inquiry and we will arrange one before substantive discussions begin.

6. Professional Services & Engagements

The information on the Site is provided for general informational purposes and does not constitute a binding offer, proposal, or commitment to perform any services. Descriptions of our capabilities, services, and past experience are illustrative and may not reflect the specific scope, pricing, or timeline of any particular engagement.

All professional services engagements with Gnome Automation are governed exclusively by the terms of a separately negotiated and executed written agreement (such as an MSA, SOW, or similar contract). In the event of any conflict between these Terms and a signed engagement agreement, the engagement agreement will control with respect to the services covered by that agreement.

7. Disclaimer of Warranties

THE SITE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GNOME AUTOMATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, Gnome Automation does not warrant that:

  • The Site will be available at all times, uninterrupted, or error-free;
  • The information on the Site is complete, accurate, current, or reliable;
  • Any defects or errors on the Site will be corrected; or
  • The Site or the servers that make it available are free of viruses or other harmful components.

Nothing on the Site constitutes professional engineering advice. You should not rely on the Site's content as a substitute for consultation with qualified professionals regarding your specific industrial automation requirements.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GNOME AUTOMATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

  • Your access to or use of (or inability to access or use) the Site;
  • Any content on the Site or any reliance thereon;
  • Any conduct or content of any third party on or linked from the Site; or
  • Unauthorized access, use, or alteration of your transmissions or content.

IN NO EVENT SHALL GNOME AUTOMATION'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ONE HUNDRED DOLLARS ($100.00 USD). THIS LIMITATION APPLIES WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GNOME AUTOMATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, GNOME AUTOMATION'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

9. Indemnification

You agree to defend, indemnify, and hold harmless Gnome Automation and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Site in violation of these Terms; (b) your violation of any applicable law or regulation; or (c) your violation of any rights of a third party.

10. Third-Party Links

The Site may contain links to third-party websites or resources. These links are provided for your convenience only. Gnome Automation has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. A link to a third-party website does not constitute an endorsement, sponsorship, or recommendation by Gnome Automation. You access third-party sites at your own risk.

11. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make changes, we will update the "Last updated" date at the top of this page. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically. If we make material changes, we will make reasonable efforts to provide notice (such as a notice on the Site).

12. Governing Law & Dispute Resolution

These Terms and any disputes arising out of or relating to them or to the Site shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law principles.

Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Sacramento County, California, and the parties hereby consent to the personal jurisdiction and venue of such courts.

13. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

14. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Gnome Automation regarding your use of the Site. These Terms do not govern any professional services engagement, which is subject to a separate written agreement.

15. Contact

If you have any questions about these Terms, please contact us at:

Gnome Automation
Sacramento, CA
Email: info@gnomeautomation.com