Last Updated: October 15, 2023
By accessing or using the Tempestix website and services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing our website and services.
These Terms of Service apply to all visitors, users, and others who access or use our website and services. Additional terms may apply to specific services or features, and will be presented to you when you access those services or features.
Throughout these Terms of Service, certain terms have specific meanings:
Refers to Tempestix Inc., its affiliates, subsidiaries, and representatives.
Refers to the individual accessing or using our website and services, or the company or other legal entity on whose behalf that individual is accessing or using the website and services.
Includes text, images, audio, video, software, code, and other materials available through our website and services.
Refers to all products, services, content, features, technologies, and functions offered by us through our website and other platforms.
To access certain features of our services, you may be required to create an account. When creating an account, you agree to:
Provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
Maintain the security of your account credentials and accept all risks of unauthorized access to your account. You are responsible for all activities that occur under your account.
Be at least 16 years of age to create an account. If you are under 16, you may only use our services with the involvement of a parent or guardian.
We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading.
Tempestix provides digital solutions including web development, app development, UI/UX design, digital marketing, cloud solutions, and cybersecurity services.
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, including the availability of any feature, database, or content.
You are responsible for obtaining and maintaining all telecommunications, broadband, computer hardware, equipment, and services needed to access and use our services.
We may impose limits on certain features and services or restrict your access to parts or all of our services without notice or liability.
Certain aspects of our services may be provided for a fee or other charge. If you elect to use paid aspects of our services, you agree to the pricing and payment terms as we may update from time to time.
By providing a payment method, you authorize us to charge all applicable fees to that payment method.
You are responsible for paying all taxes associated with your purchases. We may calculate and add tax at checkout where required.
We reserve the right to change our pricing at any time. If the services include a subscription component, we will provide you with reasonable notice of any price changes.
Refund policies will be specified at the time of purchase. Unless otherwise stated, all fees are non-refundable.
The content, features, and functionality of our website and services are and will remain the exclusive property of Tempestix and its licensors.
Our trademarks, service marks, logos, and all related names, logos, product and service names, designs, and slogans are our property or the property of our affiliates or licensors.
You retain all rights to any content you submit, post, or display on or through our services. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content in connection with providing the services.
Subject to your compliance with these terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use our services for your personal or internal business purposes.
You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software.
In using our services, you agree not to:
Our services may contain links to third-party websites or services that are not owned or controlled by Tempestix.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
If you enable third-party services for use with our services, you acknowledge that we may allow those third parties to access your data as required for the interoperation of those services with our services.
You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such third-party websites or services.
Our services are provided on an "AS IS" and "AS AVAILABLE" basis. We disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee that our services will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.
You understand that you download from or otherwise obtain content or services through our website at your own discretion and risk.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
To the fullest extent permitted by applicable law, in no event shall Tempestix, its affiliates, officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages.
This includes without limitation damages for loss of profits, goodwill, use, data, or other intangible losses resulting from your access to or use of or inability to access or use the services.
Our total cumulative liability to you for all claims arising from or related to the services shall not exceed the greater of the amount you have paid us for the services in the twelve (12) months prior to the event giving rise to the liability or one hundred dollars ($100).
The limitations in this section apply regardless of the legal theory on which the claim is based, and even if we have been advised of the possibility of such damages.
You agree to defend, indemnify, and hold harmless Tempestix, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees.
This indemnification obligation covers claims arising out of or relating to your violation of these Terms of Service, your use of the services, or your infringement of any intellectual property or other rights of any person or entity.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.
We each agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these terms informally for at least thirty (30) days before initiating any arbitration or court proceeding.
Any dispute arising from these terms will be resolved through final and binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify.
You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
We may modify these Terms of Service from time to time. If we make changes, we will provide notice of such changes by updating the "Last Updated" date at the top of these Terms of Service.
Your continued use of our services after any modification to these Terms of Service will constitute your acceptance of such modification.
If we make material changes to these terms, we will endeavor to provide additional notice, such as via email or through the services.
If you have any questions about these Terms of Service, please contact us at:
Tempestix Inc.
1234 Innovation Drive, Suite 567
New York, NY 10001
United States
Email: legal@tempestix.com
Phone: +1 (555) 123-4567