Introduction
These Terms of Service ("Terms") govern your access to and use of the Tess Horizon website and the services made available through it.
Tess Horizon is a technology and digital engineering brand of Tesseronix OÜ. In these Terms, "Tess Horizon", "we", "us", and "our" refer to Tess Horizon and, where applicable, Tesseronix OÜ.
By accessing or using our website, you agree to these Terms. If you do not agree with these Terms, please do not use the website.
Specific projects and services may also be governed by separate agreements, statements of work, or other written arrangements. Where such an agreement applies, its terms may take precedence over these general Terms to the extent of any conflict.
Definitions
For purposes of these Terms:
- "Website" means the Tess Horizon website and related online pages operated by us.
- "Services" means the technology, software, development, product, consulting, or related services that we may provide.
- "Client" means an individual or organization engaging us for Services.
- "Project" means a specific engagement, development project, product, or technical work agreed between us and a Client.
Use of the Website
You may use the Website for lawful purposes and in accordance with these Terms.
You must not use the Website to engage in unlawful, fraudulent, abusive, harmful, or deceptive activity.
You must not attempt to gain unauthorized access to the Website, its infrastructure, systems, accounts, or data, or interfere with the normal operation of the Website.
We reserve the right to restrict or suspend access to the Website where reasonably necessary to protect our systems, users, or business.
Services
Tess Horizon provides technology and digital engineering services, which may include web development, software development, product development, custom technology solutions, and related technical services.
The availability, scope, specifications, and pricing of Services may vary depending on the Project and Client requirements.
Information presented on the Website is generally descriptive and does not necessarily constitute an offer to provide a particular Service.
Project Engagements
A Project may be governed by a separate written agreement, statement of work, proposal, order, or other mutually agreed document.
Project-specific documentation may define the scope, deliverables, milestones, fees, payment terms, intellectual property arrangements, responsibilities, acceptance criteria, and other applicable conditions.
We are not obligated to begin work on a Project until the applicable engagement has been accepted and any required initial payment or other prerequisite has been satisfied.
Client Responsibilities
Clients are responsible for providing accurate, complete, and timely information reasonably required for a Project.
Clients are also responsible for ensuring that any materials, content, data, credentials, software, or other resources supplied to us may lawfully be used for the Project.
Delays caused by missing information, approvals, access, feedback, materials, or other Client dependencies may affect project timelines.
Fees & Payments
Fees, payment schedules, taxes, expenses, and other commercial terms will be established for each Project through the applicable proposal, statement of work, invoice, or agreement.
Unless otherwise agreed in writing, invoices are payable according to the payment terms stated on the applicable invoice or agreement.
We may suspend work where undisputed amounts remain overdue, subject to the terms of the applicable Project agreement and applicable law.
Intellectual Property
Ownership and licensing of project deliverables, source code, designs, documentation, and other Work Product will be determined by the applicable Project agreement.
Unless otherwise agreed in writing, pre-existing intellectual property, reusable components, frameworks, libraries, tools, know-how, and general technology owned or developed independently by us remain our property or the property of their respective owners.
Third-party software and open-source components remain subject to their respective licenses.
Client materials
Clients retain ownership of materials and information they provide to us, subject to any rights or licenses necessary for us to perform the applicable Services.
Third-Party Services
Projects may involve third-party software, platforms, hosting providers, APIs, payment processors, cloud services, or other external services.
Third-party services are generally subject to their own terms, privacy policies, availability, and technical limitations.
Unless expressly agreed otherwise, we are not responsible for changes, interruptions, failures, or policies of third-party services that are outside our reasonable control.
Confidentiality
During a Project, either party may receive confidential information belonging to the other party.
Each party should take reasonable measures to protect confidential information and use it only for the purposes for which it was disclosed.
Where a Project requires specific confidentiality obligations, the parties may enter into a separate confidentiality or non-disclosure agreement.
Warranties & Disclaimers
We aim to provide Services with reasonable care and skill and in accordance with the applicable Project agreement.
Unless expressly stated otherwise in writing, the Website and general information provided through it are provided on an "as is" and "as available" basis to the extent permitted by applicable law.
We do not guarantee that the Website will always be available, uninterrupted, error-free, or completely secure.
Nothing in these Terms excludes or limits any warranty, condition, right, or remedy that cannot lawfully be excluded or limited.
Limitation of Liability
To the maximum extent permitted by applicable law, neither Tess Horizon nor Tesseronix OÜ will be liable for indirect, incidental, special, consequential, or punitive losses arising from the use of the Website or Services.
For a specific Project, any applicable limitation of liability, exclusions, or liability caps will be governed by the applicable written Project agreement.
Nothing in these Terms limits liability where such limitation is prohibited by applicable law.
Indemnification
To the extent permitted by applicable law and subject to any applicable Project agreement, you agree to indemnify and hold harmless Tess Horizon and Tesseronix OÜ from claims, losses, liabilities, and reasonable expenses arising from your unlawful use of the Website, violation of these Terms, or infringement of third-party rights through materials or content you provide.
Termination
We may suspend or terminate access to the Website if reasonably necessary, including where there is a material violation of these Terms or a security or legal concern.
Termination of a specific Project will be governed by the applicable Project agreement.
Provisions that by their nature should survive termination, including intellectual property, confidentiality, limitations of liability, and applicable payment obligations, will continue to apply where permitted by law.
Governing Law
These Terms and the relationship between you and us will be governed by the laws applicable to the contracting entity, except to the extent otherwise required by mandatory applicable law.
Any jurisdiction, dispute-resolution mechanism, or venue applicable to a specific Project may be set out in the applicable Project agreement.
Changes to These Terms
We may update these Terms from time to time to reflect changes to our Website, Services, business practices, or legal requirements.
When we make changes, we will update the "Last updated" date shown at the beginning of this page.
Your continued use of the Website after updated Terms are published constitutes acceptance of the revised Terms to the extent permitted by applicable law.
Contact Us
If you have questions about these Terms or our Services, you can contact us directly.