Tesselmax (TM) logo

Last updated: Mar 27 2025

Thank you for visiting the website of Tesselmax Corporation. Please read these Terms of Use (these “Terms”) carefully. These Terms are a binding agreement between you and, if applicable, the company or other legal entity you represent (collectively, “User” or “you”) and Tesselmax Corporation (“Tesselmax,” “we,” or “us”). These Terms govern your use of our website located at www.tesselmax.com (the “Site”).

THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS ON LIABILITY, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW CLAIMS THAT YOU AND TESSELMAX HAVE AGAINST EACH OTHER WILL BE RESOLVED. AS SET FORTH BELOW, YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST TESSELMAX ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. ALSO, THESE TERMS INCLUDE A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST TESSELMAX AND CERTAIN THIRD PARTIES THAT MAY ARISE OUT OF THE USE OF OR OTHERWISE RELATE TO USE OF THE SITE. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO USE THE SITE.

  1. Modifications. You should review these Terms regularly as these Terms may change at any time at our sole discretion. Modifications will be posted on the Site and will be effective thirty (30) days after we post notice of the modifications, unless the modifications are required to comply with any applicable statutes, regulations, rules, orders, or other laws, in which case they will be effective as of the date of posting. Any modifications will be effective immediately for new users of the Site. We will endeavor to notify you in advance of any material modifications to these Terms, which may include email notification. Your continued use of the Site following the posting of changes to these Terms constitutes acceptance of those changes. If you do not agree with any updated version of these Terms, you are prohibited from accessing or using the Site. The “last updated" date at the top of this page will be revised to reflect the posting date of the current Terms.

  2. Acceptance of the Terms. You represent and warrant that: (a) you are of legal age to form a binding contract with Tesselmax, and (b) if you are using the Site on behalf of a person, company, or entity, you represent and warrant that you have full legal authority to accept these Terms on behalf of that person, company, or entity.

  3. Access and Use.
    • (a) Username and Password. In order to access particular features of the Site or certain Content (as defined below), or to download Software (as defined below), you are required to create an account using your email address and a password. You are solely responsible for maintaining the confidentiality of your password, and for all activities that occur under your account. You agree to notify Tesselmax immediately upon learning of any unauthorized use of your account or password.
    • (b) Access to Site. Tesselmax reserves the right to withdraw, amend, or restrict your access to the Site (including any part thereof), and any service or content we provide on the Site, in our sole discretion, at any time, without notice. Tesselmax will not be liable if, for any reason, all of or any part of the Site is unavailable. In addition, you are solely responsible for ensuring that any access or use of the Site through your Internet connection complies with these Terms.

  4. Using the Site and our Content
    • (a) License Grant. Subject to, and conditioned on, your compliance with these Terms, Tesselmax hereby grants to you a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable, revocable, royalty-free right and license to: (i) use the documents, content, and other materials (other than the Software, as defined below) provided by Tesselmax through the Site (“Content”) for your internal non-commercial use; and (ii) to use the Site to access resources offered by Tesselmax, its affiliates, and licensors.
    • (b) Use of Brands. You acknowledges that Tesselmax’s names, logos, and trademarks (the “Tesselmax Marks”) displayed on the Site constitute registered and unregistered trademarks, trade names, and service marks of Tesselmax. Ownership of the Tesselmax Marks and the goodwill associated with them remains with Tesselmax. You are not authorized to use any Tesselmax Marks without Tesselmax’s prior written consent.
    • (c) Software. You may be able to download copies of Tesselmax’s software and associated APIs, documentation, and other materials (collectively, “Software”). Tesselmax may impose data caps or other limits on your downloads, as reasonably determined by Tesselmax. You acknowledge that use of the Software is subject to the terms of a separate agreement made available to you at the time of download or installation.
    • (d) Ownership. As between you and Tesselmax, we and our affiliates and licensors own all right, title, and interest in and to the Site, the Content, the Software, the Tesselmax Marks, and all associated databases, software, know-how, and other materials. Except as expressly provided in these Terms, neither party grants, nor shall the other party acquire, any right, title, or interest (including any implied license) in or to any property of the first party or its affiliates under these Terms. All rights not expressly granted in these Terms are reserved.
    • (e) Suggestions. You may, at your discretion, provide to Tesselmax suggestions, enhancement requests, recommendations, new product ideas, or other feedback relating to the Site, the Content, the Software, or any other current or future products, services, or business of Tesselmax (“Suggestions”). You agree that Tesselmax may use and disclose all such Suggestions, in perpetuity and throughout the universe, without any obligation, payment, or credit to you, and may incorporate them into the Site or any other products or services of Tesselmax. You represent that you have the right to disclose all Suggestions that you choose to disclose to us and to grant the rights in the Suggestions described in this paragraph.

  5. Use Requirements In visiting or using the Site and Content, you (and anyone acting on your behalf) will adhere to the following (whether or not logged into your account):
    • (a) You will use the Site and Content only (i) in a lawful manner and in compliance with all applicable laws; (ii) in accordance with these Terms and the license granted in Section 4(a); and (iii) in a manner that does not infringe, misappropriate, or otherwise violate any of Tesselmax’s rights or those of any other person or entity.
    • (b) You will not impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
    • (c) You will preserve all confidentiality, copyright, patent, and other proprietary notices contained on or in the Site or Content.
    • (d) You will not disparage or injure the reputation or goodwill of Tesselmax, or any of its officers, directors, or employees.
    • (e) You will abide by all security and safety measures on the Site. You will not circumvent, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or Content. You will not use the Site or Content in connection with any spyware, malware, virus, worm, Trojan horse, or other malicious or harmful code or software application.
    • (f) You will not: (i) distribute, sell, lend, transfer, or grant any rights in or to all or any portion of the Site and Content to any third party; (ii) use the Site or any Content to create any software, website, or service that competes with the Site or functions in substantially the same manner as the Site; (iii) reverse assemble, reverse compile, decompile, translate, or otherwise attempt to discover the source code of any component of the Site, any Content, or any associated databases, software, or systems; (iv) publish or disclose, or enable any third party to publish or disclose, any benchmarking or other comparisons of the Site or any Content with any competitive sites, products, or services; (v) copy, reproduce, distribute, publish, store, perform, modify, create derivative works from, transmit, transfer, or in any way exploit the Content or the Site or attempt to do so, except as expressly permitted under these Terms; (vi) interfere or attempt to interfere in any manner with the functionality or proper working of the Site; or (vii) attempt to gain unauthorized access to the Software.
    • (g) You will not use any bot, crawler, harvester, indexer, robot, spider, scraper, or any other automated means to access, compile, read, or gather Content from the Site. You will not use the Site or any Content to pre-train, fine-tune, or otherwise develop any artificial intelligence or machine learning systems.

  6. Third-Party Sites and Third-Party Content
    • (a) Third Party Sites. As a convenience, the Site may contain links to websites or applications operated by third parties ("Third-Party Sites"). Third-Party Sites are not under the control of Tesselmax, and, as such, access to and use of such Third-Party Sites is at your own risk and subject to corresponding third-party, and not Tesselmax’s, terms of use and privacy policies. Tesselmax takes no responsibility and assumes no liability for (i) your use of any content or information on any Third-Party Sites, or (ii) any third parties’ access or use of any content or information that you submitted to the Third- Party Sites. You are responsible for verifying all of the content and information available on Third-Party Sites before relying on it. The fact that Tesselmax provides a link to a Third-Party Site does not necessarily mean that Tesselmax endorses, authorizes, or sponsors that Third-Party Site, nor that Tesselmax is endorsed by, sponsored by, or affiliated with the Third-Party Site or its operator.
    • (b) Third-Party Content. Certain content or materials provided on the Site may be provided by third parties (collectively, “Third-Party Content”). We do not control any Third-Party Content. Any opinions, advice, statements, views, positions, services, offers, or other Third-Party Content expressed or made available on the Site are solely those of the respective authors or distributors, and do not necessarily reflect our opinions, views, or position. We take no responsibility and assume no liability for any Third- Party Content. You use or rely on Third-Party Content at your own risk.

  7. Indemnification; Disclaimer of Warranties; Limitations on Liability
    • (a) Indemnity. You agree to release, indemnify, defend, and hold harmless Tesselmax, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from: (i) your use of the Site and Content made available on the Site; and (ii) any violation of these Terms or applicable law by you in connection with your use of the Site, including, but not limited to, any actual or alleged infringement by you or any person to whom you provide access to the Site of any intellectual property or privacy or other right of any third party, to the fullest extent permitted under applicable laws.
    • (b) Disclaimer. THE SITE, TESSELMAX MARKS, AND ALL CONTENT ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, TO BE USED ONLY FOR INFORMATIONAL PURPOSES. TESSELMAX MAKES NO, AND HEREBY DISCLAIMS ALL, WARRANTIES (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) WITH RESPECT TO THE SITE, TESSELMAX MARKS, OR CONTENT, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON- INFRINGEMENT. IN PARTICULAR, TESSELMAX DOES NOT REPRESENT OR WARRANT THAT ANY INFORMATION OR CONTENT OBTAINED OR VIEWED BY YOU WILL BE ACCURATE OR RELIABLE OR THAT YOUR ACCESS AND USE OF THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. You agree that use of the Site and its content is at your own risk and expense and you are responsible for verifying all of the Content available on the Site before relying on it. We may discontinue providing access to the Site at any time without notice or penalty.
    • (c) Limitations of liability. TESSELMAX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING COSTS OF SUBSTITUTES, LOSS OF PROFITS, LOSS OF DATA, OR INTERRUPTION OF BUSINESS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE SITE, CONTENT, OR ANY THIRD-PARTY SITES OR THIRD-PARTY CONTENT. IN ANY CASE, TESSELMAX’S AGGREGATE LIABILITY ARISING OUT OF THE SITE, CONTENT, THIRD-PARTY SITES, THIRD-PARTY CONTENT, OR THESE TERMS SHALL BE LIMITED TO $100. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT INCREASE THIS LIMIT.
    • (d) Limitations. The foregoing limitations shall apply notwithstanding the failure of essential purpose of any exclusive or limited remedy, and whether or not you have been advised of the possibility of such damages. Without limiting the foregoing, you acknowledge that use of the Site requires Internet connectivity for proper functioning and that Tesselmax is not responsible for any loss, claims, or damages associated with use of the Site that is attributable to the Internet. Your sole recourse in the event of any dissatisfaction with the Site or Content is to stop using the Site and Content and/or return or destroy the Content.
    • (e) Applicable Law. Some jurisdictions do not allow exclusions of liability for certain types of damages. In such cases, Tesselmax’s liability will be limited to the fullest extent permitted by applicable law. If you are a California resident, you waive California Civil Code section 1542, which states: “a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine applicable in that jurisdiction.

  8. Governing law and dispute resolution. These Terms shall be governed and interpreted under the laws of the state of California and applicable U.S. federal law, excluding any principles of conflict of laws. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. The Parties further agree that the Uniform Computer Information Transactions Act or any version thereof adopted by any state in any form (“UCITA”) shall not apply to these Terms and, if nevertheless UCITA is deemed to apply to these Terms for any reason, the parties hereby opt out of the applicability of UCITA pursuant to the opt-out provisions contained in UCITA. If any controversy or claim between you and Tesselmax arises out of your use of the Site that cannot be resolved through direct discussions, the dispute shall be resolved by final and binding confidential arbitration before a single neutral arbitrator administered by the American Arbitration Association in accordance with its consumer arbitration rules or subsequent versions thereof (“AAA Rules,” available at www.adr.org) or, if the claims qualify, in small claims court. In arbitration there is no judge or jury, and court review of an arbitration award may be limited. However, an arbitrator can award on an individual basis the same damages and relief as a court. We each agree that any and all disputes, claims, and causes of actions arising out of or connected with these Terms, the Site, or the Content shall be resolved individually, without resort to any form of class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you hereby consent to the jurisdiction of and venue in any federal or state court of competent jurisdiction located in the state of California, and you waive any right to a jury trial. Notwithstanding the foregoing arbitration requirement, either you or Tesselmax may bring suit in court to enjoin infringement or other misuse of confidential information or intellectual property rights.

  9. Termination
    • (a) Term. These Terms will take effect when you first use the Site and will remain in effect until terminated according to these Terms.
    • (b) Termination. We have the right to terminate these Terms, and suspend or revoke your access to all or any portion of the Site and Content, at any time for any reason. You may terminate these Terms by discontinuing the use of the Site and Content.
    • (c) Effect of Termination. Upon termination or expiration, all rights granted to you under these Terms will terminate; however, Sections 4(b), 4(d), 4(e), 5, 7 - 11 of these Terms shall survive any termination or expiration of these Terms.

  10. Related Agreements
    • (a) Privacy Policy. Any identifying information you provide to us or which we collect about you will be used only in accordance with our Privacy Notice (the “Privacy Notice”), the terms of which are incorporated into these Terms by this reference. If you have not done so already, please take a few moments to review the Privacy Notice which may be accessed at https://www.tesselmax.com/privacy.html.

  11. General Terms
    • (a) Electronic Communications. You agree that (i) these Terms constitute an agreement signed by you under applicable law; and (ii) any notices or other communication regarding your use of the Site may be provided to you electronically (by posting on the Site, by e-mail, and other electronic formats) and will be considered received upon posting or other distribution.
    • (b) Relationship of the Parties. These Terms do not create a partnership, joint venture, or agency relationship between you and Tesselmax or any of Tesselmax’s affiliates. Tesselmax and you are independent contractors and neither party will have the power to bind the other or to incur obligations on the other’s behalf without the other party’s prior written consent.
    • (c) Entire Agreement. These Terms, together with the Privacy Notice, constitute the entire and exclusive agreement between us with respect to their subject matter, and govern the use of the Site, superseding any prior agreements or negotiations between Tesselmax and you with respect to that subject matter.
    • (d) Assignment and Delegation. You may not assign or delegate any rights or obligations under these Terms, including in connection with a change of control. Any purported assignment and delegation shall be null and void. Tesselmax may freely assign or delegate any and all rights and obligations under these Terms without notice to you.
    • (e) Equitable Remedies. Notwithstanding Section 8, the parties acknowledge that if a party violates or breaches these Terms, it may cause irreparable harm to the other party. Accordingly, the parties agree that if a party violates or breaches these Terms, the other party shall have the right to seek injunctive relief against such party in addition to any other legal remedies available at law or equity.
    • (f) Questions. You may direct any questions, complaints, or claims with respect to the Site or Content to legal@tesselmax.com.
    • (g) Notices. All notices from one party to the other pertaining to these Terms will be in writing and will reference these Terms. We may notify you using the information you provided, including by email. Service will be deemed given on the date of receipt if delivered by email or on the date sent via courier if delivered by post.
    • (h) Waiver and Severability. If you do not comply with these Terms, failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any right under these Terms must be in a writing signed by the party purporting to waive such right. If a particular term in these Terms is determined to be invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that term will be enforced to the maximum extent permissible, and it will not affect the enforceability of any other terms.
    • (i) Export. The Software is subject to the EAR without regard to the location of use of the Software. As a result, if you or any of your affiliates, personnel, agents, or any other parties acting on your behalf receive access to the Software, you are required to comply with U.S. export control restrictions when exporting, reexporting, or transferring (in-country) the Software, including with respect to the release of technology or code associated with the Software to non-U.S. persons (see, e.g., 15 C.F.R. § 734.13).