1. Definitions
In these Terms of Service ("Terms"), the following definitions apply:
- "Tessera", "we", "us", or "our" refers to the Tessera platform and its operators.
- "Platform" refers to the Tessera multi-tenant case and workflow management application, including all features, APIs, and related services.
- "User", "you", or "your" refers to any individual or entity that accesses or uses the Platform.
- "Tenant" refers to an organizational account within the Platform, including all associated users, data, and configurations.
- "Domain Pack" refers to a pre-built configuration package that includes entity schemas, workflows, and dashboard layouts for a specific service management domain.
- "Content" or "User Data" refers to all data, files, configurations, and other materials uploaded, created, or stored on the Platform by you.
2. Acceptance of Terms
By accessing or using the Tessera platform, you agree to be bound by these Terms and all applicable laws and regulations. If you are entering into these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
If you do not agree with any part of these Terms, you must not access or use the Platform. We reserve the right to refuse service to anyone for any reason at any time.
3. License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your internal business purposes. This license does not include the right to:
- Sublicense, resell, or redistribute the Platform or any part thereof.
- Modify, reverse engineer, decompile, or disassemble the Platform or its source code.
- Use the Platform to build a competing product or service.
- Remove, alter, or obscure any proprietary notices or labels on the Platform.
4. Acceptable Use
You agree not to use the Platform to:
- Violate any applicable local, national, or international law or regulation.
- Upload, transmit, or store any content that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable.
- Interfere with or disrupt the integrity or performance of the Platform or its underlying infrastructure.
- Attempt to gain unauthorized access to any part of the Platform, other accounts, computer systems, or networks connected to the Platform.
- Transmit any viruses, malware, or other harmful computer code.
- Use automated means (bots, scrapers, crawlers) to access the Platform beyond the scope of our published APIs.
- Circumvent or attempt to circumvent any security measures, rate limits, or access controls.
5. Payment
During the Early Access period, the Platform is provided free of charge. When paid plans are introduced, we will provide at least 30 days' advance notice of pricing and any changes to your subscription terms.
For paid plans, the following terms apply:
- Fees are billed in advance on a monthly or annual basis, as selected at the time of subscription.
- All fees are non-refundable except as expressly stated in these Terms or required by applicable law.
- We reserve the right to change pricing upon 30 days' written notice. Continued use of the Platform after a price change constitutes acceptance of the new pricing.
- Failure to pay fees when due may result in suspension or termination of your account.
6. Service Level Agreement
We strive to maintain high availability and performance of the Platform. Our target uptime is 99.9% measured on a monthly basis, excluding scheduled maintenance windows.
- Scheduled maintenance: We will provide at least 48 hours' advance notice for planned maintenance that may affect availability.
- Incident response: Critical issues will be acknowledged within 1 hour and resolved with best commercial efforts.
- Enterprise SLA: Customers on Enterprise plans may negotiate custom SLA terms, including uptime guarantees and dedicated support, as part of their individual agreements.
7. Intellectual Property
The Platform, including its design, code, features, documentation, and all associated intellectual property rights, is and remains the exclusive property of Tessera. These Terms do not grant you any rights to our trademarks, service marks, or trade names.
You retain all rights, title, and interest in and to your User Data. We do not claim ownership of any content you upload to the Platform. By using the Platform, you grant us a limited license to process your User Data solely to provide and improve the service.
8. Confidentiality
Each party agrees to keep confidential all non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential ("Confidential Information"). Confidential Information does not include information that:
- Is or becomes publicly available through no fault of the receiving party.
- Was rightfully known to the receiving party prior to disclosure without restriction.
- Is independently developed by the receiving party without use of the disclosing party's Confidential Information.
- Is rightfully obtained from a third party without restriction on disclosure.
9. Warranties and Disclaimer
The Platform is provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.
We do not warrant that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components. You acknowledge that no advice or information, whether oral or written, obtained from us shall create any warranty not expressly stated in these Terms.
10. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Tessera, its officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or in connection with:
- Your access to or use of (or inability to access or use) the Platform.
- Any conduct or content of any third party on the Platform.
- Unauthorized access, use, or alteration of your transmissions or content.
Our total aggregate liability for all claims arising out of or relating to these Terms or the Platform shall not exceed the greater of (a) the amount you paid us in the 12 months preceding the claim, or (b) one hundred euros (EUR 100).
11. Indemnification
You agree to indemnify, defend, and hold harmless Tessera and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
- Your use of the Platform.
- Your violation of these Terms or any applicable law or regulation.
- Your User Data or any content you upload, transmit, or store on the Platform.
- Any claim that your User Data infringes or misappropriates the intellectual property rights of a third party.
12. Termination
Either party may terminate these Terms at any time for any reason by providing written notice to the other party. We may also suspend or terminate your access to the Platform immediately, without prior notice, if:
- You breach any provision of these Terms.
- We are required to do so by law or a governmental authority.
- We reasonably believe that your use of the Platform poses a security risk or may cause harm to other users.
Upon termination, your right to access the Platform ceases immediately. We will retain your User Data for 30 days following termination, during which you may request a data export. After this period, your data will be deleted in accordance with our data retention and erasure procedures.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Italy, without regard to its conflict of law provisions. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Italy.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
14. Changes to These Terms
We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last updated" date at the top of this page and provide notice through the Platform or by email. Your continued use of the Platform after any changes constitutes acceptance of the revised Terms.
We encourage you to review these Terms periodically. For significant changes, we will provide at least 30 days' notice before the new terms take effect.
15. Contact
If you have any questions or concerns about these Terms of Service, please contact us:
- Email: hello@tessera.click
- Legal inquiries: legal@tessera.click