Last updated November 04, 2024

AGREEMENT TO OUR LEGAL TERMS

TABLE OF CONTENTS

1. OUR APP
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PRODUCTS
6. PURCHASES AND PAYMENT
7. REFUNDS POLICY
8. SOFTWARE
9. PROHIBITED ACTIVITIES
10. USER GENERATED CONTRIBUTIONS
11. CONTRIBUTION LICENSE
12. APP MANAGEMENT
13. PRIVACY POLICY
14. TERM AND TERMINATION
15. MODIFICATIONS AND INTERRUPTIONS
16. GOVERNING LAW
17. DISPUTE RESOLUTION
18. CORRECTIONS
19. DISCLAIMER
20. LIMITATIONS OF LIABILITY
21. INDEMNIFICATION
22. USER DATA
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
24. CALIFORNIA USERS AND RESIDENTS
25. MISCELLANEOUS
26. CONTACT US

1. 1. OUR APP
   The App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access and use the App from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

   The App is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), although we believe this software can, constructively, be used to help you meet these requirements. However, we are not making a representation that this software does accomplish this (or that our App meet these requirements) and you agree to accept all responsibility and liability and that we have no liability if you use the software and App for such a purpose. If your interactions would be subjected to such laws, you use the software and App at your own risk. You may not use the App in a way that would violate the Gramm-Leach-Bliley Act (GLBA). (Here too, we believe that our software and App might assist you in complying with this Act, but we are making no representations that it will and you agree that you are accepting all responsibility and liability should you use it for this purpose in a manner that does not satisfy the requirements of this Act.)

2. 2. INTELLECTUAL PROPERTY RIGHTS
   
   Our intellectual property
   

   We or our benefactor, Tessellation Software Holdings LLC (hereinafter “Benefactor”) are the owner or the licensee of all intellectual property rights in our App, including all source code, compiled code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the App (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

   Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

   The Content and Marks are provided in or through the App "AS IS" for your personal, non-commercial use by you or your family members or for your internal business purposes only subject to these Terms.

   You agree that Company and/or our Benefactor are the rightful owners of all Intellectual Property, including but not limited to source and compiled code (whether on a server or in the distributed App), website content, etc.. You agree that you are being granted a non-exclusive, revocable right to use the App and its intellectual property under these Terms.

   Your use of our App

   Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to:

   • Download a copy of the App on up to 4 computers after agreeing to these Terms
   • Access and use this App on said computers for which you have properly gained access.

   Except as set out in this section or elsewhere in our Legal Terms, no part of the App and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

   If you wish to make any use of the App, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: support@tessellationsoftware.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our App or Content, you must identify us as the owners or licensors of the App, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

   We reserve all rights not expressly granted to you in and to the App, Content, and Marks.

   Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our App will terminate immediately and will also subject you to further remedies to enable Company to be compensated for damages you cause in doing so.

   Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the App ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

3. 3. USER REPRESENTATIONS
   

   By using the App, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not use the App for any illegal or unauthorized purpose; and (6) your use of the App will not violate any applicable law or regulation.

   If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the App (or any portion thereof).

4. 4. USER REGISTRATION AND YOUR INFORMATION AND HOW WE USE IT AND SAFEGUARD IT
   

   You are required to register to use the App and provide us minimally with your name and your email address when you do. This is necessary so that we can address you and send to you:

   • OTPs to enable the download of our software and to verify your email address
   • License Keys (Your first key for any computer you newly download the App may be sent via email. It expires at the end of the refund period. At that point, the app will contact our server directly to receive a second license key that expires after 125 days. Finally, the App will then contact the server for a third and final key that is good for more than 15 years. All this is transparent to you. HOWEVER, if the App is not able to automatically connect to our servers [e.g., because our servers are down or because you have removed permission for the App permission to contact our server], you may contact support@tessellationsoftware.com to receive these second and third keys by email. The App will allow you to manually enter these keys.) It also enables us to re-send a license key if you haven’t received it and to send you the license key for future versions or enhancements you may be offered or entitled to.
   • This also enables us to communicate with you on customer support issues or suggestions that you raise and to provide you timely information if there is a new release of the software to provide enhancements or improvements, to fix bugs [not likely], or to provide a release compatible with a later version of your operating system if, e.g., our current version will no longer work on the latest version of an operating system.
   • It will enable us to communicate with you if there is a change to Terms and Conditions.
   • Rarely (less than 4 times per calendar year), to make you aware of a new available product we have developed that might be of your interest.
   • We will also use this for billing issues – particularly, if a subscription product or if we have problem verifying your payment.
   By optionally providing us with your mobile phone number, you are agreeing to receive an OTP or verifying message from us should you request that your email account be changed. Without this phone number, you will not be able to change your email on file with us. In this case, should you discontinue your email account (and, presumably, obtain a new one) and still have unused licenses as part of your purchase, you will not be able to make use of these unused licenses as you will have no way of changing your email address that we have on file for you.

   WE WILL NEVER GIVE YOUR EMAIL OR PHONE NUMBER TO A THIRD PARTY AND WE WILL ONLY USE THESE FOR THE PURPOSES MENTIONED ABOVE. We keep this information encrypted on our servers to protect it in the unlikely event of a breach in our security. (While we believe your information is extremely secure [and beyond what most companies provide for their customers’ information], we are not guaranteeing this security and are providing no warranties. You accept the risk of providing us with this information and agree that we are not liable should the privacy of this information be compromised.)

5. 5. PRODUCTS
   

   All products are subject to availability. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

6. 6. PURCHASES AND PAYMENT
   

   Our order process is conducted by our online reseller FastSpring.com. FastSpring.com is the Merchant of Record for all our orders. FastSpring provides all customer service inquiries and handles returns. We do not keep your credit card information (although FastSpring.com may for any App you purchase that is subscription-based – noting that this App is not subscription-based). You will need to accept FastSpring.com’s conditions to place the order and make the payment.

7. 7. REFUNDS POLICY
   

   We offer a 7-day refund policy on this product. The short refund period is due to the straightforward nature of this App’s functionality. We do not anticipate any problems using this software but wanted to provide an opportunity to anyone who purchased who, for whatever unlikely reason, was unable to get it to function.

8. 8. SOFTWARE
   

   Our App and any related documentation is provided "AS IS" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of our App. You may not reproduce or redistribute our App except as a backup for one of your computers where you have downloaded this App under these Legal Terms.

9. 9. PROHIBITED ACTIVITIES
   

   You may not access or use the App for any purpose other than that for which we make the App available. As a user of the App, you agree not to:

   • Systematically retrieve data or other content from the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
   • Circumvent, disable, or otherwise interfere with security-related features of the App, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the App and/or the Content contained therein.
   • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the App.
   • Make improper use of our support App or submit false reports of abuse or misconduct.
   • Use the App in a manner inconsistent with any applicable laws or regulations.
   • Engage in unauthorized framing of or linking to the App.
   • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the App or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the App.
   • Engage in any automated use of the system, such as using scripts.
   • Delete the copyright or other proprietary rights notice from any Content.
   • Interfere with, disrupt, or create an undue burden on server software connected to the App.
   • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the App to you.
   • Attempt to bypass any measures of the App designed to prevent or restrict access to the App, or any portion of the App.
   • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the App.
   • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the App.
   • Use the App as part of any effort to compete with us.
10. 10. USER GENERATED CONTRIBUTIONS
    

    The App does not offer users to submit or post content.

11. 11. CONTRIBUTION LICENSE
    

    You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings). By submitting suggestions or other feedback regarding the App, you agree that we can use and share such feedback for any purpose without compensation to you. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the App. You are solely responsible for your Contributions to the App and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

12. 12. APP MANAGEMENT
    

    We reserve the right, but not the obligation, to take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities.

13. 13. PRIVACY POLICY
    

    We care about data privacy and security. Please review our Privacy Policy (https://tessellationsoftware.com/retail/ppe) . By using the App, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the App are hosted in the United States. If you access the App from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the App, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

14. 14. TERM AND TERMINATION
    

    These Legal Terms shall remain in full force and effect while you use the App. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE APP (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE APP OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

    If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

15. 15. MODIFICATIONS AND INTERRUPTIONS
    

    We reserve the right to change, modify, or remove the contents of the App at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our App. We also reserve the right to modify or discontinue all or part of the App without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the App.

    Though we expect it to, we do not guarantee that the current version of our App will execute on future versions of Windows or Mac OS/X. For the first 4 years after your purchase date, providing that we still offer this product, we will endeavor to provide you with a new release of the software in a timely manner at no additional charge for those computers that you already have licenses for.

    We cannot guarantee the App will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the App, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the App at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the App during any downtime or discontinuance of the App. Nothing in these Legal Terms will be construed to obligate us to maintain and support the App or to supply any corrections, updates, or releases in connection therewith.

16. 16. GOVERNING LAW and JURISDICTION
    

    These Legal Terms and your use of the App are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles.

    You agree that any disputes between you and Company or Benefactor and any of their employees, officers and beneficial owners will be resolved in accordance with the laws of the State of New York, U.S.A. and that these laws shall apply to the interpretation these Terms (with the U.S. Federal Arbitration Act governing the interpretation and enforcement of the ARBITRATION clause below).

    To the extent allowed by law, in any situation where the ARBITRATION Clause below is deemed by law or by these Terms or by the ARBITRATION Clause not to apply, you agree that any action brought against Company or any of its employees, officers, agents or beneficial owners will be brought to the appropriate court in New York, NY in the United States. Also, to the extent allowed by law, you agree to forego your right to bring or be part of any class action or multi-party action and agree to bring any claim individually in such a case as a condition for using this app and its associated services.

17. 17. DISPUTE RESOLUTION Informal Negotiations
    

    To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

    Binding Arbitration (ARBITRATION Clause)

    
    

    If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. By downloading and using this Application, user is agreeing to accept all risks of doing so -- including, but not limited to, accidentally choosing a directory where they have data the user does not wish erased and data erased due to application malfunction. User further agrees that the maximum liability of Company is what the user paid Company for the application. If such costs are determined by the arbitrator to be excessive, we will pay all excess arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable arbitrator rules or applicable law, the arbitration will take place in New York City, New York. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

    You and Company and you and Benefactor agree that any controversy or claim except for those related to intellectual property rights will be brought forward and resolved under the arbitration rules of the American Arbitration Association (hereinafter "AAA") and that any arbitration that occurs will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the AAA with this Terms And Conditions entire Agreement considered agreed by you and by Company AND by you and by Benefactor as the basis for resolving the issues and claims during any arbitration proceeding as interpreted as governed by the laws of the State of New York, U.S.A..

    You and Company and Benefactor agree that these Terms are governed and interpreted in accordance with the laws of the State of New York, U.S.A. and that you and Company acknowledge that this agreement is a transaction involving interstate commerce and that the United States Arbitration Act shall govern the interpretation, enforcement and proceedings of this ARBITRATION Clause of this Terms and Conditions Agreement and that this entire ARBITRATION clause and Terms And Conditions Agreement (other than your right to use the App) will also survive the deletion of your account and your terminating the use of the App. To the extent that it is ruled that Arbitration does not apply, you then agree that all actions be brought under the laws and venues as directed in the "GOVERNING LAW and JURISDICTION” clause above.

    You and Company agree that Company and you are waiving any right to a trial by jury and the right to be a part of any class action or multi-party action and that any action you take against Company and its employees, officers and beneficial owners related to your use of the App, the services associated with the App, and the App's and its associated services' use, function or failure to function as well as any actual or consequential damages you may incur from using or because of the App and its associated services must be brought in an individual capacity and not as part of a group or class and must be brought in an arbitration proceeding as set forth in this ARBITRATION Clause.

    You and Company agree that if arbitration is brought in other than an individual capacity, no arbitrator award or judgement shall be honored, enforceable or recordable. You and Company further agree that if this paragraph of this ARBITRATION Clause is deemed unenforceable by laws in effect, this whole ARBITRATION Clause shall be deemed to be null and void and be removed from these overall terms and that dispute resolution will then be as per the “GOVERNING LAW and JURISDICTION” clause.

    You and Company further agree that such actions brought will be resolved in arbitration in accordance with this Terms And Conditions Agreement and this ARBITRATION Clause and that this arbitration will be binding and final and that "Award" (where "Award" is as defined by the AAA) resulting from said arbitration may be entered and enforced by any Court having jurisdiction thereof. You and Company further agree that Court intervention and review is limited by applicable New York State and federal arbitration laws and that award enforcement is facilitated by those same laws.

    You and Company agree that any arbitration will take place in: New York, NY and that the language in all hearings shall be English. You and Company agree that any arbitrator(s) will be selected using the AAA's listing process and will be citizens of the United States.

    You and Company agree that in no event will arbitrator(s) have the authority to award punitive or other damages beyond the remedies prescribed in this Terms and Conditions Agreement and that, specifically, any award in an arbitration initiated under this agreement shall be limited to monetary damages. You expressly waive any claim in excess of the amount recoverable as set forth in this Terms and Conditions Agreement and that any recovery that meets the amount as limited by this Terms and Conditions Agreement shall satisfy all claims by You against Company or against Benefactor.

    You and Company agree that any controversy or claim raised for arbitration filed with the AAA must be filed within one year of the time you or Company becomes aware (or should have been aware) of the event or issue that caused the claim or demand or else the party who would file for said arbitration gives up the right to claim or remedy in its entirety to the extent permissible by law.

    You agree that any claims related pertaining to intellectual property and the ownership of intellectual property or rights are not subject to this ARBITRATION Clause and instead will be handled by the appropriate court within the " GOVERNING LAW and JURISDICTION " clause as set forth prior to this ARBITRATION Clause.

    In the event you file for arbitration with the AAA, your fees will be as per the AAA's Consumer Rules with Company paying the rest. If arbitration costs are considered excessive by applicable laws, Company will cover the difference. If, however, the arbitrator decides that your claims are frivolous, you agree to reimburse Company for arbitration fees that Company has paid that you would normally be required to pay under the arbitration rules. To the extent allowed by law, in no event will Company be responsible for your attorney fees or other costs.

    If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in New York City, New York, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non convenience with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

    In no event shall any Dispute brought by either Party related in any way to the App be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

    Restrictions

    The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

    Exceptions to Informal Negotiations and Arbitration

    The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

18. 18. CORRECTIONS
    

    There may be information on the App that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the App at any time, without prior notice. You agree that any such changes, inaccuracies and omissions do not create a breach of these Terms on our part and do not entitle you to a refund or other relief.

19. 19. DISCLAIMER
    

    THE APP ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE APP WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APP's CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE APP AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP INCLUDING, BUT NOT LIMITED TO LOSS OF INFORMATION, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE APP. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

20. 20. LIMITATIONS OF LIABILITY
    

    This App is provided “AS-IS”. Though we test our software extremely thoroughly and take pride in it, you agree that, should there be errant code in this or a future release that you download, Company has no liability or responsibility for any consequential or incidental damages (or for any harm caused) from the use of this App. You (and, if applicable, the entity you are binding) agree to hold Company harmless in all such cases.

    IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS OR OUR BENEFACTOR AND ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

    You agree to waive California Civil Code Section 1542, which has the following clause: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." And, you also agree to waive any similar statute or right that exists in your jurisdiction, whether in California or elsewhere.

21. 21. INDEMNIFICATION
    

    You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the App; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the App with whom you connected via the App. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

22. 22. USER DATA
    

    We will maintain certain data that you transmit to the App for the purpose of managing your purchase of the App and for notifying you and as set forth in these Terms and in our Privacy Policy. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

23. 23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
    

    Visiting the App, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the App, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE APP. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

24. 24. CALIFORNIA USERS AND RESIDENTS
    

    If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer App of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

25. 25. MISCELLANEOUS
    

    These Legal Terms and any policies or operating rules posted by us on the App or in respect to the App constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the App. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

26. 26. CONTACT US
    

    In order to resolve a complaint regarding the App or to receive further information regarding use of the App, please contact us at:

    Email: support@tessellationsoftware.com (preferred)

    Mail: Tessellation Software LLC
    58 Sylvan Road N
    Westport, CT 06880 United States
    
    Phone: +1 203-590-6508