Terms of Service

Last updated: January 15, 2025

Welcome to Tessaline

These Terms of Service govern your use of the Tessaline website and services. By accessing our website or engaging with our services, you agree to be bound by these terms. If you do not agree with any part of these terms, please do not use our website or services.

We encourage you to read these terms carefully. They outline your rights and responsibilities when using our digital marketing services and website. If you have questions about any provision, please reach out to us before proceeding.

Service Overview

Tessaline provides digital marketing strategy and consulting services, including performance media planning, analytics reporting, and growth consulting. Our services are designed to support businesses in developing and implementing effective marketing strategies.

The specific scope, deliverables, and pricing for our services are outlined in individual service agreements or proposals. These Terms of Service apply to all users of our website and complement any specific service agreements you may enter into with us.

Acceptable Use Policy

When using our website and services, you agree to use them in a lawful and respectful manner. Specifically, you agree not to engage in the following activities:

Prohibited Activities: You may not use our services to transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable material. You may not attempt to gain unauthorized access to our systems, networks, or data, or interfere with the proper functioning of our website or services.

Intellectual Property Respect: You may not copy, reproduce, distribute, or create derivative works from our website content without our explicit written permission. You may not use our trademarks, logos, or other proprietary information without authorization.

Misrepresentation: You may not impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity. All information you provide to us must be accurate and truthful.

Commercial Use Restrictions: You may not use our website for unauthorized commercial purposes, including scraping data, automated access, or harvesting information for competitive purposes.

Service Engagement and Access

Service Availability

We strive to maintain consistent access to our website and services, but we cannot guarantee uninterrupted availability. Our services may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We will make reasonable efforts to provide advance notice of planned maintenance when possible.

Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time. For clients with active service agreements, we will provide reasonable notice of material changes that affect the services you are receiving. Such changes will be discussed and documented in updated service agreements where applicable.

Geographic Restrictions

Our services are primarily designed for clients operating in the United States and other English-speaking markets. While we may work with international clients on a case-by-case basis, certain services may have geographic limitations based on legal, practical, or strategic considerations.

Client Responsibilities

Accurate Information

You are responsible for providing accurate, complete, and current information when engaging with our services. This includes business details, contact information, marketing objectives, and any other data necessary for us to effectively deliver our services.

Timely Communication

Effective collaboration requires timely communication. You agree to respond to our inquiries and requests for information within reasonable timeframes, as delays may impact our ability to deliver services according to agreed schedules.

Compliance with Laws

You are responsible for ensuring that your use of our services and any marketing activities we help you implement comply with all applicable laws, regulations, and industry standards in your jurisdiction, including advertising laws, data protection regulations, and industry-specific requirements.

Third-Party Platforms

When we work with third-party platforms on your behalf (such as advertising platforms or analytics tools), you are responsible for maintaining active accounts, providing necessary access credentials, and ensuring compliance with those platforms' terms of service.

Intellectual Property Rights

Our Intellectual Property

All content on our website, including text, graphics, logos, images, and software, is the property of Tessaline or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from our content without our explicit written permission.

Client Materials

When you provide us with materials, data, or content for use in delivering our services, you retain ownership of those materials. By providing them to us, you grant us a limited license to use, reproduce, and modify these materials solely for the purpose of delivering the agreed-upon services.

Work Product

The ownership of work product created as part of our services (such as strategy documents, reports, or creative materials) is typically addressed in individual service agreements. Unless otherwise specified in a service agreement, you receive a license to use deliverables for your internal business purposes, while we may retain the right to use methodologies, frameworks, and anonymized insights in our future work.

Payment Terms

Payment terms for our services are specified in individual service agreements or proposals. General payment principles include:

Pricing: Service fees are outlined in your service agreement and may be structured as monthly retainers, project-based fees, or hourly rates depending on the engagement type.

Payment Schedule: Unless otherwise agreed, monthly services are billed at the beginning of each month, and project fees are typically billed according to agreed milestones or deliverable completion.

Late Payments: Payments not received within thirty days of the invoice date may be subject to late fees or suspension of services. We will communicate with you before taking any such action to understand and address payment delays.

Refund Policy: Due to the customized nature of our services, refunds are generally not available once work has commenced. Specific refund or cancellation terms are outlined in your service agreement.

Warranties and Disclaimers

Service Warranties

We commit to providing our services with reasonable care and skill, consistent with industry standards. However, marketing outcomes depend on many factors beyond our control, and we cannot guarantee specific results such as revenue increases, lead generation targets, or return on advertising spend.

Website Disclaimer

Our website and its content are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We do not warrant that our website will be uninterrupted, error-free, or free from viruses or other harmful components.

Third-Party Services

Our services may involve integration with or reliance on third-party platforms and services. While we select partners carefully, we are not responsible for the performance, availability, or policies of these third-party services.

Limitation of Liability

To the maximum extent permitted by law, Tessaline shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of our services or website.

Our total liability for any claims arising from or related to our services shall not exceed the amount paid by you to Tessaline in the twelve months preceding the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you.

Indemnification

You agree to indemnify and hold harmless Tessaline, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of our services, your violation of these Terms of Service, or your violation of any rights of another party.

This indemnification obligation survives the termination of these Terms of Service and your use of our services.

Termination

Either party may terminate a service engagement according to the terms specified in the applicable service agreement. For general website usage, we reserve the right to restrict or terminate your access if you violate these Terms of Service.

Upon termination, you must cease all use of our services and website. Provisions of these Terms that by their nature should survive termination (including intellectual property rights, disclaimers, and limitations of liability) will continue to apply.

Governing Law and Dispute Resolution

These Terms of Service are governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles. Any disputes arising from these terms shall be resolved through good faith negotiations between the parties.

If a dispute cannot be resolved through negotiation, it may be submitted to mediation before pursuing other legal remedies. Both parties agree to participate in mediation in good faith if requested by either party.

Changes to These Terms

We may update these Terms of Service from time to time to reflect changes in our services, legal requirements, or business practices. When we make material changes, we will update the "Last Updated" date and may provide additional notice through our website or email.

Your continued use of our website or services after changes have been posted constitutes your acceptance of the revised terms. We encourage you to review these Terms periodically.

Questions About These Terms

If you have questions or concerns about these Terms of Service, we're here to help clarify. Understanding your rights and obligations is important to us, and we want to ensure you feel comfortable engaging with our services.