Teragonia, Inc. (“Teragonia,” “we,” “us,” “our”) provides a platform of tools and services for analytics and insights. This Teragonia Terms of Service Agreement (“Agreement”) governs your access and use of our website (https://teragonia.com) (“Website”) and our subscription platform (“Platform”) (collectively, the Website and Platform are the “Services”). You signify your assent to this Agreement by using the Services. Please do not use or continue to access the Services if you do not agree to this Agreement.   

YOUR USE OF THE SERVICES 

You are responsible for your use of the Services. You must have a parent or legal guardian review this Agreement with you and agree to it on your behalf if you are not of legal age to form a binding contract with us (age 18 in most states). If you have authorized or registered another person to use the Services, including a minor, you are fully responsible for that person’s use of the Services and the consequences of that person’s misuse of the Services. The parent or legal guardian of a minor must affirmatively consent to such minor’s use of the Services. You may only use the Services in compliance with this Agreement, any agreement entered into by your employer relating to the Services (if applicable), and all applicable laws and regulations.    

YOUR ACCOUNT 

Your Platform account is personal to you and you may not share it or allow any other person to utilize your account. You may not use another person’s Platform account. The Platform may allow you to store your login credentials in your web browser so that you are automatically logged in each time you access the Platform. If someone else has access to your computer, mobile device, or web browser, the automatic login feature will allow that person to have access to your Platform account. You will be responsible for all damages resulting from unauthorized access to the Platform from your account. You must notify us if your registration information changes or you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. 

CONTENT 

The Platform may include information provided by you, other users, Teragonia, or third parties (collectively, the “Content”) and that Content may be protected by copyrights, patents, trademarks, trade secrets, or other intellectual property laws. You are responsible for the Content you post or upload to the Platform and for the consequences and liability related to or connected with your Content as well as your use of any Content you access or obtain through the Platform. We will not be liable for any Content that we do not upload to the Platform. You represent and warrant that you have all rights and authority to grant us the license herein to the Content you post or upload to the Platform. 

We do not claim ownership rights to your Content. You retain all of your rights to your Content, but by uploading, transmitting, or posting Content via the Platform, you hereby grant to us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, host, store, distribute, sublicense, and create derivative works and compilations incorporating your Content as part of providing the Platform.  

We do not pre-screen or approve Content but we reserve the right to remove Content that we believe is infringing, offensive, objectionable, or illegal at our sole discretion and without liability to you or any other person.  

YOUR LICENSE TO USE THE SERVICES 

We grant to you a limited, non-exclusive, non-assignable, non-transferable license to access and use the Services for your own personal, non-commercial purposes, subject to your agreement to and compliance with this Agreement. We reserve all rights not otherwise expressly granted by this Agreement. You may not:  

• Rent or sell the Services to a third party; 

• Copy or reverse engineer the Services; 

• Create derivative works of the Services; 

• Change or alter Content or notices; 

• Use a bot or other automatic process to harvest information or Content on the Services; 

• Introduce a virus or malicious code into the Services; 

• Use the Services to violate a third party’s intellectual property rights; 

• Send advertisements or spam using or through the Services; 

• Use any information in the Services to create a competing service, or 

• Engage in any activity that violates this Agreement. 

USAGE AND LIMITATIONS 

We do not guarantee that the Services will be compatible or operate with your Internet provider’s service plan, your mobile carrier’s service plan, with any particular computer, mobile device, or web browser, or any other piece of hardware, software, equipment, or device you use to access the Services. You are responsible for providing, maintaining, and ensuring the compatibility of all hardware, software, and other system requirements necessary for your access to and use of the Services. You are also responsible for all third party charges and fees, including to your Internet service provider and mobile carrier, in connection with your access and use of the Services and for complying with any contracts, terms of service agreements, and restrictions associated with such third party services. 

We may post links to third party websites in the Services. We are not responsible or liable for any content, advertising, products, or other materials on or available from third party websites or for any privacy or other practices of the third parties operating those websites.  

OUR RIGHTS AND OWNERSHIP 

We may discontinue or alter any aspect of the Services, restrict the time the Services are available, install bug fixes, updates, patches, and other upgrades to the Services, and restrict the amount of use permitted at our sole discretion and without prior notice or liability to you. Your only remedy is to discontinue using the Services if you do not want a modification we make to the Services. 

The Services are our copyrighted property and it may not be reproduced, recreated, modified, accessed, or used in any manner contrary to what is allowed by this Agreement or disseminated or distributed to any other person. Our images, trademarks, service marks, logos, icons, including TERAGONIA, the T logo, ASTRADIS, and FIBRON^AI, and other Content we upload to the Services are our property and may not be used without our prior written consent. Trademarks owned by third parties are the property of those respective third parties.

Any feedback or suggestions you give to us about the Services is voluntary and we may use such feedback or suggestions in our sole discretion without obligation to you. 

PRIVACY  

We collect, store, and use data collected from you in accordance with our Privacy Notice, located at https://www.teragonia.com/privacy. 

DISCLAIMERS 

To the fullest extent allowed under applicable law, Teragonia expressly disclaims all warranties, express, implied, or otherwise, including without limitation, warranties of merchantability, title, non-infringement, suitability, integration, currentness, accuracy, and fitness for a particular purpose. Teragonia does not warrant that the Services will be malware or virus free. Teragonia specifically disclaims any representations that the Services will meet your requirements, that access to or operation or use of the Services will be uninterrupted or error free, that defects in the Services, if any, will be corrected, or that results will be timely, accurate, adequate or complete. The Services are provided “as is” and “as available” and Teragonia does not guarantee the Services’s availability or uptime. Teragonia does not warrant or represent that use of the Services will result in compliance with any applicable laws or regulations, and you understand that you are solely responsible for ensuring compliance with any and all applicable laws and regulations. 

LIABILITY 

To the fullest extent permitted by law, under no circumstance will Teragonia be responsible for lost profits, revenues, financial losses, or indirect, special, consequential, exemplary, or punitive damages. To the fullest extent permitted by law, Teragonia’s total liability for any claims under this Agreement, including for any implied warranties, is limited to the amount you paid to Teragonia during the one month prior to the event giving rise to the claim. The limitations of this section will apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not Teragonia has been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.  

INDEMNIFICATION 

You agree to defend, indemnify, and hold us and our officers, members, managers, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, demands, or expenses, including attorney’s fees and costs and expenses, arising out of or in any way connected with your use of the Services, your breach or alleged breach of this Agreement, your unauthorized use of the Content, unauthorized use of your Services account, or your violation of any rights of any other person or entity. 

TERMINATION 

This Agreement is effective until you or Teragonia terminates it. You may terminate this Agreement at any time by discontinuing your use of the Services. We may terminate this Agreement at any time and for any reason without prior notice to you, and accordingly, we may deny or suspend your access to the Services. Termination of this Agreement will not affect any right or relief to which we are entitled at law or in equity. Upon termination of this Agreement, you must terminate all use of the Services and any information or materials that have been provided to you. The terms and conditions in this Agreement that by their nature and context are intended to survive any termination of this Agreement will survive such termination and will be fully enforceable thereafter. 

COMPLIANCE WITH NON-US LAW 

We do not make any representation that the Services, the Content, or other material or information provided through the Services are appropriate to or available in locations outside of the United States. You may not use the Services or export Content in violation of United States export laws, regulations, or restrictions. If you access the Services from outside of the United States, you are responsible for compliance with all applicable laws. 

GOVERNING LAW AND OTHER MISCELLANEOUS TERMS 

This Agreement and any claim related thereto will be governed by the laws of the State of Illinois, without reference to its conflicts or choice of law principles. All claims and disputes arising under this Agreement will be brought solely in any court located in Cook County, Illinois. You irrevocably submit and consent to the personal jurisdiction of such courts.  

We have the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of this Agreement.  

This Agreement controls the relationship between Teragonia and you. This Agreement does not create any third party beneficiary rights. 

Our failure to enforce the provisions of this Agreement do not constitute a waiver of our right to enforce them. 

If any term or provision of this Agreement is held to be invalid or unenforceable, the remaining terms and provisions of this Agreement will remain in full force and effect, and the invalid or unenforceable term or provision will not be considered to be part of this Agreement. 

In the event of a conflict between this Agreement and any additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific application will control. 

CHANGES TO THIS AGREEMENT 

We reserve the right to change, modify, add, or remove portions of this Agreement. Changes will become effective immediately but will not apply retroactively. If you do not agree to the modified Agreement you should immediately discontinue your use of the Services. 

CONTACT US 

If you have any questions or would like further clarification about the Services or this Agreement, please e-mail us at info@Teragonia.com.