Terms of Service

Agreement

These Terms of Service ("Terms") govern your access to and use of TESS Thermal App(the "Service"). By accessing or using the Service, you agree to these Terms. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization.

The Service

TESS Thermal App provides a secure, access-controlled online workspace for organizations and their authorized users. What the Service includes is available only to authenticated users, may evolve over time, and is not fully described on this public site. We may suspend or discontinue parts of the Service with reasonable notice where practicable.

Accounts and access

You must provide accurate information and keep your credentials confidential. You are responsible for activity under your account. Access is often invitation-based; we may disable accounts that violate these Terms or your organization's policies.

Acceptable use

You agree not to:

• Use the Service in violation of law or third-party rights;
• Attempt to probe, scan, or test vulnerabilities, or bypass security or access controls;
• Upload malware, interfere with the Service, or impose unreasonable load on our infrastructure;
• Misrepresent your identity or affiliation, or misuse another user's data.

Customer data

You retain rights in the data you submit. You grant us the rights necessary to host, process, and display that data to provide the Service. We handle personal and business data as described in our Privacy Policy and any agreement with your organization.

Intellectual property

The Service, including software, branding, and documentation (excluding your content), is owned by us or our licensors. These Terms do not grant you rights except as expressly stated.

Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OUTPUTS OR RECOMMENDATIONS OBTAINED THROUGH THE SERVICE SHOULD BE REVIEWED BY QUALIFIED PROFESSIONALS BEFORE USE IN COMMERCIAL OR OPERATIONAL DECISIONS.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS OR DATA. OUR AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE CLAIM OR ONE HUNDRED U.S. DOLLARS ($100), EXCEPT WHERE PROHIBITED BY LAW.

Termination

You may stop using the Service at any time. We may suspend or terminate access for breach of these Terms, risk to the Service, or as required by law or contract with your organization. Provisions that by their nature should survive will survive termination.

Governing law

These Terms are governed by the laws of the United States and the State of Delaware, excluding conflict-of-law rules. Courts in Delaware have exclusive jurisdiction, subject to mandatory provisions of law in your jurisdiction where applicable.

Changes

We may modify these Terms by posting an updated version and revising the "Last updated" date. Material changes may require additional notice where required by law. Continued use after changes constitutes acceptance where permitted.

Contact

For questions about these Terms, contact your organization administrator or the business contact for your subscription to TESS Thermal App.