Terms of Service (“Terms”)
Last updated: May 14, 2018
“Authorized User” is anyone who is granted access to a Tettra Team either via express invitation or as a result of having an account on a connected Slack workspace (connection to Slack must be expressly authorized by Customer).
“Content” means any data of any type submitted to or posted to the Service by or on behalf of the Customer, including without limitation: (a) data submitted, uploaded or imported to the Service by Customer including from Third Party Platforms)
“Customer” refers to the original Team account creator or company, if account is created on behalf of a company.
“Protected Health Information” means any patient, medical or other protected health information regulated by the Health Insurance Portability and Accountability Act (“HIPAA”).
“Personal Identifying Information” means any of the following: (i) any information that may identify a specific individual, such as, but not limited to, name, address, phone number, or email, (ii) credit, debit or other payment card data subject to the Payment Card Industry Data Security Standards (“PCI DSS”); or (iii) the personal data of a resident of the European Union (“EU Resident”), as set defined in the European Union’s General Data Protection Regulation, Regulation 2016/679 (“GDPR”), or any successor directive or regulation.
“Service” means Tettra’s proprietary software-as-a-service solution(s), including the web application available at https://app.tettra.co, Tettra application programming interfaces (APIs), and provided third-party integrations (such as the Slack integration).
“Team” means the group of users and associated Content that is associated with one Tettra billing account. A Team has one account creator, may have multiple administrators and other authorized users with varying degrees of access permissions (“Authorized Users”).
“Third-Party Service” means any software, software-as-a-service, data sources or other products or services not provided by Tettra that are integrated with the Service (for example, Slack or Zapier) or used to provide the Tettra service (for example, Intercom or Algolia).
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). Customer is responsible for the Content posted on the Team account on or through the Service by Customer or Authorized Users, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
Customer specifically agrees not to use the Service to collect, store, process or transmit any Protected Health Information and/or Personal Identifying Information. Customer acknowledges that Tettra is not a Business Associate or subcontractor (as those terms are defined in HIPAA) or a payment card processor and that the Services are neither HIPAA nor PCI DSS compliant. Customer further agrees not to use the service to collect, process, maintain, or store any Personal Identifying Information.
Tettra will have no liability under this Agreement for any Protected Health Information or Personal Identifying Information posted, stored, shared, displayed, or transmitted by the Customer while using the Service.
The Customer retains any and all rights, title and interest (including any and all intellectual property rights) to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. Subject to the terms of this Agreement, Customer hereby grants to Tettra a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of and display the Content solely to the extent necessary to provide the Service to you.
Tettra has the right (but not the obligation) to monitor, edit and/or remove all Content provided by Customer.
In addition, Content found on or through this Service are the property of Tettra, Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Customer has the right to export all Content posted to Customer Team up to 30 days after the termination of Customer’s applicable Subscription Term. Exports will be provided in a machine-readable format but Tettra makes no claims as to the export’s suitability for import into other platforms. Exports may exclude metadata or derived content that is particular to Tettra’s unique, proprietary Service.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at email@example.com
Use of the Service requires a Tettra account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Our Service is not directed to anyone younger than 18, and access and use of the Service is only offered to users 18 years of age or older. If you are under 18 years old, please do not register to use our Service. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.
If you are a EU Resident, any Personal Identifying Information you provide to us to create a Tettra Account will be used by us in accordance with Section 1(b) of Chapter 1, Article 6 of the GDPR.
Tettra agrees to use commercially reasonable technical and organizational measures designed to prevent unauthorized access, use, alteration or disclosure of any Service or Customer Data. However, Tettra will have no responsibility for errors in transmission, unauthorized third-party access or other causes beyond Tettra’s control, except as required by the GDPR.
Cloud Services and Third Party Platforms
You acknowledge and agree as follows: (a) we provide the Service using cloud computing services of one or more third party cloud providers (collectively, the “Cloud Providers”); (b) the price at which we could afford to offer the Service would vary if we provided the Service other than using such cloud services; and (c) we shall not be responsible or liable to you for any act, omission or failure of any Cloud Provider.
Tettra does not guarantee that the Service will maintain integrations with any Third-Party Platform and Tettra may disable integrations of the Service with any Third-Party Platform at any time with or without notice to Customer. For clarity, these Terms govern Customer’s use of and access to the Service, even if accessed through an integration with a Third-Party Platform. We do not endorse, and hereby disclaim all liability or responsibility to you or any other person for any Third Party Service.
Subscription Term, Fees & Payment
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.
Auto-Renewal and Cancellation
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you or Tettra cancels or modifies it. Either party can give the other notice of non-renewal at least thirty (30) days before the end of a subscription term to stop the Subscription from automatically renewing. You may cancel your Subscription renewal either through your online account management page or by contacting Tettra customer support team.
Account Suspension for Non-Payment
If any fees owed to us by Customer (excluding amounts disputed reasonably and in good faith) are thirty (30) days or more overdue, we may, without limiting our other rights and remedies, suspend any fee-based Service until those amounts are paid in full, so long as we have given Customer ten (10) or more days’ prior notice that its account is overdue.
A valid payment method; including credit card, wire transfer, ACH payment or check; is required to process the payment for your Subscription. You shall provide Tettra, Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Tettra, Inc. to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Tettra, Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Tettra, Inc. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by Tettra, Inc. until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Tettra, Inc. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Tettra, Inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Tettra, Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
We may share information about our future product plans because we like transparency. Our public statements about those product plans are an expression of intent, but do not rely on them when making a purchase. If Customer decides to buy our Service, that decision should be based on the functionality or features we have made available today and not on the delivery of any future functionality or features.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You have the right to request that Tettra delete your account, including all Content posted by your Team, Billing Information provided by Customer, and Personal Identifying Information provided by the Customer and/or its Authorized Users for the purposes of creating a Tettra Account. We agree to request deletion of any such data shared with Third Party Services, to the extent allowed by their technology and terms. Tettra agrees to comply with all such requests within 30 days of receipt.
Storage of Customer Content
Tettra does not provide archiving services and reserves the right to delete all Customer Content posted to the Service 30 days after termination of Customer’s applicable Subscription Term.
Feedback is Welcome
The more suggestions our customers make, the better the Service becomes. If Customer sends us any feedback or suggestions regarding the Service, there is a chance we will use it, so Customer grants us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use any such feedback or suggestions for any purpose without any obligation or compensation to Customer, any Authorized User or other Customer personnel. If we choose not to implement the suggestion, please don’t take it personally. We appreciate it nonetheless.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Tettra, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Tettra.
You agree to defend, indemnify and hold harmless Tettra, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall Tettra, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
THE SERVICE AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Massachusetts, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Neither us nor Customer will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Feel free to contact Tettra, if you have any questions about these Terms, or if you are seeking to exercise any of your statutory rights. You may contact us at firstname.lastname@example.org or at our mailing address below:
285 Washington Street
Somerville, MA 02143