1. Acceptance of These Terms of Use
1.1 Agreement. Tensormesh Inc. (“Tensormesh,” “we,” “us” or “our”) provides and makes available the website located at tensormesh.ai, together with its subdomains and any related pages we operate (collectively, the “Site”). By accessing, browsing or otherwise using the Site, you acknowledge that you have read, understood and agree to be bound by these Website Terms of Use (these “Terms of Use”). If you do not agree, do not access, browse or use the Site. The Site is intended for users who are at least 18 years old and is not directed to children.
1.2 Paid Subscriptions; Privacy. Your use of the “Tensormesh Platform” product, the “Tensormesh Inference” product and/or any other Tensormesh product or service (each, a “Tensormesh Product” and collectively, the “Tensormesh Products”) under a paid subscription or trial is not governed by these Terms of Use; it is governed by the separate agreement between you and Tensormesh, or between Tensormesh and your organization, in each case, covering the applicable Tensormesh Product(s) (each, a “Tensormesh Product Agreement” and collectively, the “Tensormesh Product Agreements”). These Terms of Use govern the Site itself, including the Content described below. Your use of the Site is also subject to the Tensormesh Privacy Policy available at https://www.tensormesh.ai/privacy-policy (the “Privacy Policy”).
1.3 Changes. We may change these Terms of Use at any time. The revised version will be effective when posted to the Site, and the “Last Updated” date above will reflect the most recent version. Your use of the Site after the revised version is posted constitutes your acceptance of the changes. If any change is not acceptable to you, your sole remedy is to stop using the Site.
2. Use of the Site
2.1 Content. The Site contains material, including software, text, graphics, images, documentation and other content (collectively, the “Content”). The Content is owned by Tensormesh or its licensors and is protected by United States and foreign intellectual property laws. Tensormesh grants you a limited, revocable, non-exclusive, non-transferable right to access and view the Content solely for your personal or internal business evaluation purposes. You may not sell, transfer, assign, license, sublicense or modify the Content, or reproduce, display, publicly perform, create derivative works of, distribute or otherwise use the Content for any other public or commercial purpose. If you violate any part of these Terms of Use, your right to access and use the Content and the Site terminates automatically.
2.2 Trademarks. The Tensormesh name, logo and other Tensormesh trademarks, service marks and logos used on the Site (the “Tensormesh Trademarks”) are registered and unregistered trademarks of Tensormesh. Other company, product and service names displayed on the Site may be trademarks of third parties (together with the Tensormesh Trademarks, the “Trademarks”). Nothing on the Site or in these Terms of Use grants, by implication, estoppel or otherwise, any license or right to use any Trademark without the prior written consent of its owner. All goodwill generated from use of the Tensormesh Trademarks inures to Tensormesh’s benefit.
2.3 Prohibited Conduct. You agree not to: (a) take any action that imposes an unreasonable load on the Site’s infrastructure; (b) use any device, software or routine to interfere with the proper working of the Site or any activity conducted on the Site; (c) decipher, decompile, disassemble or reverse engineer any software comprising the Site; (d) scrape, crawl, harvest or use automated means to access or extract Content or data from the Site (other than standard indexing by public search engines), or use any Content or data from the Site to develop or train any artificial intelligence or machine learning model; (e) circumvent or attempt to circumvent any access or rate-limiting controls; (f) delete or alter any material posted on the Site; (g) impersonate any person or misrepresent your affiliation with any person or entity; or (h) frame or mirror any part of the Site.
2.4 External Sites. The Site contains links to third-party websites (“External Sites”), provided solely as a convenience to you and not as an endorsement of their content. Tensormesh is not responsible for the content or accuracy of any External Sites, and if you access them, you do so at your own risk.
2.5 Feedback. If you provide suggestions, comments or other feedback regarding the Site or the Tensormesh Products, Tensormesh may freely use and exploit that feedback without restriction or any obligation to you.
3. Disclaimers
THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. TENSORMESH AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “TENSORMESH PARTIES”), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE TENSORMESH PARTIES MAKE NO WARRANTY REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITE OR THE CONTENT, INCLUDING ANY SAVINGS CALCULATOR OFFERED ON THE SITE, AND DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE, ITS SERVERS OR THE CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THE SITE AND THE CONTENT AT YOUR OWN RISK, AND IF YOUR USE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO TENSORMESH PARTY IS RESPONSIBLE FOR THOSE COSTS.
4. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO TENSORMESH PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, UNDER ANY LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THE TENSORMESH PARTIES’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES; IN THOSE JURISDICTIONS, THE ABOVE LIMITATIONS APPLY ONLY TO THE GREATEST EXTENT PERMITTED BY LAW, AND, FOR NEW JERSEY RESIDENTS, SECTIONS 3 AND 4 ARE INTENDED TO BE ONLY AS BROAD AS PERMITTED UNDER NEW JERSEY LAW.
5. Indemnification
To the extent permitted under applicable law, you agree to defend, indemnify and hold harmless the Tensormesh Parties from and against any claims, actions or demands, including reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your access to, use or misuse of the Content or the Site. Tensormesh will provide you with notice of any such claim and reserves the right to assume the exclusive defense and control of any matter subject to indemnification under this Section, in which case you agree to cooperate with Tensormesh’s reasonable requests.
6. Termination
Tensormesh may restrict, suspend or terminate these Terms of Use and your access to all or any part of the Site or the Content at any time, for any reason, without prior notice or liability, and may change, suspend or discontinue all or any part of the Site or the Content at any time without prior notice or liability. Provisions that by their nature should survive termination will survive, including the provisions relating to use of the Site and the Content, disclaimers, limitations of liability, indemnification and the miscellaneous provisions below.
7. Compliance with Laws; Export
The Site is hosted in the United States, and we make no representation that the Content is appropriate or available for use outside the United States. You are solely responsible for compliance with the laws of your jurisdiction, and you agree to comply with all applicable United States export control laws and not to export or re-export any Content in violation of those laws.
8. Governing Law; Miscellaneous
8.1 Governing Law; Venue. These Terms of Use are governed by the internal substantive laws of the State of California, without regard to conflict-of-laws rules. You agree to submit to the exclusive personal jurisdiction of the state and federal courts located in San Francisco, California for any dispute arising out of or relating to these Terms of Use or the Site.
8.2 Miscellaneous. If any provision of these Terms of Use is held invalid by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. Tensormesh’s failure to act on or enforce any provision is not a waiver of that or any other provision, and no waiver is effective against Tensormesh unless made in writing. These Terms of Use, together with the Privacy Policy, are the entire agreement between you and Tensormesh regarding the Site and supersede all prior or contemporaneous agreements regarding the Site; for clarity, they do not modify or supersede any Tensormesh Product Agreement or any other agreement between Tensormesh and your organization. Tensormesh may freely assign its rights under these Terms of Use, and these Terms of Use will inure to the benefit of Tensormesh’s successors and assigns. Section headings are for convenience only. Questions about the Site or these Terms of Use may be directed to legal@tensormesh.ai.