Terms & Conditions

Last updated: February 3, 2025

Legal Agreement

These Terms and Conditions constitute a legally binding agreement between you and Tessaline. By accessing our website or using our services, you acknowledge that you have read, understood, and agree to be bound by these terms in their entirety.

If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms. If you do not have such authority or do not agree with these terms, you must not access or use our services.

User Obligations and Conduct

Legal Compliance

You agree to comply with all applicable local, state, national, and international laws and regulations in connection with your use of our website and services. This includes but is not limited to laws governing advertising, marketing communications, data protection, consumer protection, and intellectual property.

Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

Using our services for any unlawful purpose or to solicit others to perform or participate in any unlawful acts. Violating or attempting to violate the security of our website or services, including accessing data not intended for you, attempting to probe or test the vulnerability of our systems, or interfering with service to any user, host, or network.

Transmitting any viruses, worms, defects, Trojan horses, or any items of a destructive nature through our website. Using any robot, spider, scraper, or other automated means to access our website or services without our express written permission.

Collecting or harvesting any personally identifiable information from our website, including account names, without proper authorization. Creating a false identity, impersonating another person or entity, or providing false information in communications with us or on our platform.

Content Standards

Any content you submit through our website or in communications with us must not contain material that is unlawful, threatening, abusive, obscene, defamatory, libelous, invasive of privacy, or otherwise objectionable. You must not submit content that infringes upon any intellectual property rights, violates any confidentiality obligations, or contains unsolicited advertising or promotional materials.

User Responsibilities

Account Security

If you create an account or are provided access credentials for any of our services or platforms, you are responsible for maintaining the confidentiality of your account information and password. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

Information Accuracy

You are responsible for ensuring that all information you provide to us is accurate, complete, and current. You agree to promptly update any information to maintain its accuracy. Providing false, inaccurate, or misleading information may result in termination of your access to our services.

Third-Party Interactions

Your interactions with third parties found through or promoted via our services, including payment for and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. We are not responsible for any loss or damage incurred as a result of such dealings.

Indemnification Obligations

You agree to defend, indemnify, and hold harmless Tessaline and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, actions, demands, liabilities, judgments, and settlements, including without limitation reasonable legal fees, arising from or relating to your use of our services, your breach of these Terms and Conditions, or your violation of any law or rights of a third party.

Disclaimers and Warranties

Service Disclaimers

Our services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

We do not warrant that our services will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of our services will be accurate, reliable, or meet your requirements. We do not warrant that any errors in our services will be corrected.

No Guarantee of Results

While we strive to provide high-quality digital marketing services, we make no guarantees regarding specific outcomes, including but not limited to increases in traffic, leads, sales, revenue, or return on investment. Marketing results depend on numerous factors, many of which are beyond our control, including market conditions, competitive landscape, product quality, and implementation of recommendations.

Third-Party Content and Services

Our website may contain links to third-party websites or integrate with third-party services. We are not responsible for the content, accuracy, or opinions expressed on such websites or services, and such websites are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked website does not imply approval or endorsement by Tessaline.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Tessaline, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages whatsoever, including without limitation damages for loss of profits, loss of data, loss of goodwill, service interruption, computer damage, or system failure arising out of or in connection with the use of or inability to use our services.

In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you to Tessaline in the twelve months prior to the event giving rise to the liability, or one hundred dollars if no amount has been paid.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms and Conditions that is caused by circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

If a force majeure event continues for more than ninety days, either party may terminate the affected service engagement upon written notice to the other party.

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States, without giving effect to any principles of conflicts of law. You agree that any legal action or proceeding between you and Tessaline for any purpose concerning these Terms and Conditions or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in the United States.

By using our services, you consent to the jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue.

Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms and Conditions or the breach, termination, enforcement, interpretation, or validity thereof, the parties agree to first attempt to resolve the dispute through good faith negotiations.

If the parties are unable to resolve the dispute through negotiation within thirty days, they agree to attempt to settle the dispute through mediation administered by a mutually agreed upon mediator before resorting to arbitration or litigation.

Any mediation shall be conducted in accordance with the rules of the mediator and shall take place in a location mutually agreed upon by the parties. The costs of mediation shall be shared equally by the parties unless otherwise agreed.

Severability and Waiver

Severability

If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. The invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision.

Waiver

Our failure to enforce any right or provision of these Terms and Conditions shall not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Tessaline. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Cookie Policy, and any other legal notices or agreements published by us on our website, constitute the entire agreement between you and Tessaline concerning your use of our website and services, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.

A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Modification of Terms

We reserve the right to modify these Terms and Conditions at any time. When we make changes, we will update the "Last Updated" date at the top of this document. For material changes, we may provide additional notice such as a prominent announcement on our website or email notification to registered users.

Your continued use of our services following the posting of changes constitutes your acceptance of such changes. We encourage you to review these Terms and Conditions periodically to stay informed about how we are protecting your rights and governing your use of our services.

If you do not agree to the modified terms, you must stop using our services.

Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms and Conditions without our prior written consent. Any attempted assignment, transfer, or delegation without such consent shall be null and void.

We may assign, transfer, or delegate these Terms and Conditions or any rights or obligations hereunder at any time without restriction and without notice to you. These Terms and Conditions shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

Contact Information

If you have questions or concerns regarding these Terms and Conditions, or if you need to report a violation, please contact us. We are committed to addressing your concerns and clarifying any provisions you find unclear.