Tess LogoTESS
Legal

Terms of Service

The agreement between you and us
Terms of Service for Tess
Image by Colorful Grays on Tess
Published
May 2, 2024

Welcome to Tess! These Terms of Service (“Terms”) are a contract between you and Tess that govern your use of Tess' websites, services, mobile apps, products, and content (“Services”).

By using our services, you agree to be bound by these Terms. If you don’t agree to any of these Terms, you can’t use our services.

We reserve the right to change these Terms at any time. If a change is material, we’ll let you know before it takes effect. By continuing to use our Services on or after that effective date of the changes, you agree to the new Terms. If you don’t agree to the changes, you should stop using our Services and delete your account before they take effect.

These Terms are an important part of your relationship with us, so please take the time to read and understand them. If you have any questions or concerns, please don’t hesitate to contact us. Thank you for using our Services!

Incorporated Rules and Policies

By accessing and using Tess' Services, you consent to Tess collecting, using, and transferring your information as outlined in our Privacy Policy. This includes your personal information and any content that you create or upload to the platform. If you are located outside of the United States, you also consent to the transfer, storage, and processing of your information in and out of the United States. Additionally, Tess Pro subscribers agree to abide by our Refund Policy. By using the Services, you agree to let Tess collect and use information as detailed in our Privacy Policy. If you’re outside the United States, you consent to letting Tess transfer, store, and process your information (including your personal information and content) in and out of the United States.

Our Content and Services

Tess reserves all rights to the look and feel of its platform. Some parts of Tess are licensed under third-party open source licenses, while others are available under our own open source licenses. Unless otherwise permitted by law, you must obtain written permission from Tess to copy,adapt, or use any part of our code or visual design elements, including logos. You are not allowed to access or tamper with non-public areas of the platform, or the systems of our technical providers. You may only access or search the platform through the published interfaces that we provide. You may not forge any part of the header information in any email or posting, or use the platform to send altered, deceptive, or false source-identifying information. You may not interfere with or disrupt the access of any user, host, or network, including by sending viruses, overloading the platform, or scripting the creation of content or accounts in a way that interferes with or burdens the platform.

Crawling the platform is allowed if done in accordance with our robots.txt file, but scraping the platform is prohibited.

Tess reserves the right to change, terminate, or restrict access to any aspect of the service at any time, without notice.

User Responsibilities

Customers will not, and will not permit Users to, share User account credentials, or use them in multiple locations at the same time. Each User must use a unique identity to access and use the Services, and may access the Services only to the extent purchased by Customer and in accordance with the applicable Subscription Plan. Customer will provide accurate, current and complete information required to enable its Users to access and use the Service and will maintain the accuracy of such information during the Subscription Term and for one (1) year following termination of any Order Form or this Agreement. Customer acknowledges that it is solely responsible for maintaining its configurations of the Services, including its sharing and permission settings.

Miscellaneous

Disclaimer of warranty. Tess provides the Services to you as is. You use them at your own risk and discretion. That means they don’t come with any warranty. None expressed, none implied. No implied warranty of merchantability, fitness for a particular purpose, availability, security, title or non-infringement.

Limitation of Liability. Tess will not be liable for any damages that may arise from your use of the Services, including but not limited to damages resulting from hacking or unavailability of the Services. This includes all types of damages, such as indirect, incidental, consequential, special, or exemplary damages, and all kinds of legal claims, including but not limited to breach of contract, breach of warranty, tort, or any other loss.

No waiver. If Tess doesn’t exercise a particular right under these Terms, that doesn’t waive it.

Severability. If any provision of these terms is found invalid by a court of competent jurisdiction, you agree that the court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of the Terms will remain in full effect.

Changes to the Service. Tess reserves the right to add, change, or remove features or functionality of the Service; modify or introduce limitations to storage or other features; or discontinue the Service altogether at any time.

Choice of law and jurisdiction. These Terms are governed by California law, without reference to its conflict of laws provisions. You agree that any suit arising from the Services must take place in a court located in San Francisco, California.

Entire agreement. These Terms (including any document incorporated by reference into them) are the whole agreement between Tess and you concerning the Services.