Tenax AI - Terms of Service
1. Agreement to Terms
These Terms of Service (“Terms”) govern your access to and use of Tenax AI, Inc.'s (“Tenax AI”, “we”, “us”) websites, mobile data‑capture apps, homeowner/insurer web apps, APIs, and generated PDF reports (collectively, the “Services”). By using the Services, you agree to these Terms and our Privacy Policy. If you use the Services on behalf of an organization (e.g., an insurer), you represent that you have authority to bind that organization, and “you” includes that organization.
2. Eligibility
You must be at least 18 years old to use the Services.
3. Accounts & Access
Provide accurate information and keep your credentials secure. You are responsible for all activity under your account. Organizational administrators may manage your access if your account is provisioned by an enterprise customer.
4. License & Acceptable Use
We grant you a limited, non‑exclusive, non‑transferable right to use the Services in accordance with these Terms. You will not: (i) reverse engineer or attempt to extract source code; (ii) interfere with or disrupt the Services; (iii) bypass or breach security or rate limits; (iv) use the Services to infringe IP or violate law; or (v) misrepresent outputs as professional, legal, or insurance advice.
5. Your Content & Permissions
You retain ownership of media and data you submit (“Customer Content”). You grant Tenax AI a worldwide, sublicensable, non‑exclusive license to host, process, analyze, display, and create derivative outputs from Customer Content (e.g., segmentations, measurements, scores, reports) to provide, maintain, secure, and improve the Services. “Improve the Services” includes conducting research, validation, and training of Tenax AI’s models. When using Customer Content for this purpose, Tenax AI will apply technical and organizational measures designed to de-identify or anonymize Customer Content (for example, by delinking submitted media from personal identifiers or specific property addresses) before model training or research use. This license survives for the period reasonably necessary to achieve these purposes and as permitted by law.
For clarity, nothing in this Section grants Tenax AI the right to sell Customer Content; and Tenax AI does not use Customer Content for cross‑context behavioral advertising.
6. Safety & Filming
Participation in filming is voluntary. You are responsible for obtaining permissions to record on private property, complying with local laws, and taking appropriate safety precautions. Avoid capturing faces and license plates where possible and keep a safe distance from hazards.
7. Outputs, Reports, and Disclaimers
Outputs (including measurements, classifications, scores, recommendations, and reports) are informational and provided “as is” to support professional judgment. They do not replace mandated inspections or constitute legal, engineering, or insurance advice. Insurers remain solely responsible for underwriting and coverage decisions.
8. Fees & Subscriptions (if applicable)
Paid plans renew automatically unless canceled before the renewal date. Fees are non‑refundable except as required by law or expressly stated. Taxes may apply. We may suspend access for non‑payment.
9. Confidentiality
Each party may receive non‑public information from the other. The receiving party will protect such information with reasonable care and use it only for the permitted purpose. These obligations survive termination.
10. Intellectual Property
The Services, software, models, workflows, and content provided by Tenax AI are protected by IP laws and remain our exclusive property or that of our licensors. No licenses are granted except as expressly stated.
11. Third‑Party Services
The Services may interoperate with third‑party services. We are not responsible for third‑party terms or their handling of data; your use of those services is at your discretion and subject to their terms.
12. Beta & Changes to the Services
We may offer beta or experimental features. They are provided as‑is and may be modified or discontinued at any time. We may change or deprecate features with notice when practicable.
13. Term & Termination
You may stop using the Services at any time. We may suspend or terminate access for material violations of these Terms, for legal/safety reasons, or non‑payment. Sections that by their nature survive (e.g., IP, confidentiality, disclaimers, liability limits, dispute resolution) will survive termination.
14. Indemnification
You will defend, indemnify, and hold harmless Tenax AI from third‑party claims, damages, liabilities, and expenses arising from: (a) your unlawful conduct; (b) Customer Content; or (c) your breach of these Terms.
15. Warranty Disclaimer
To the maximum extent permitted by law, the Services are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, and non‑infringement.
16. Limitation of Liability
To the maximum extent permitted by law, Tenax AI will not be liable for any indirect, incidental, special, consequential, or punitive damages, or lost profits. Our aggregate liability for all claims in any 12‑month period will not exceed the amounts you paid to us for the Services in that period.
17. Assumption of Risk; Limited Release ("No‑Sue")
You acknowledge risks associated with site visits and filming. To the fullest extent permitted by law, you assume those ordinary risks and release and covenant not to sue Tenax AI and its affiliates for claims arising from ordinary negligence connected to voluntary filming and use of the Services. If unenforceable in your jurisdiction, this section will be applied to the maximum extent permitted.
18. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of California, without regard to conflicts rules. Arbitration: Any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the AAA under its rules in Los Angeles County, California, in English. Class Action/Jury Waiver: You agree to arbitration on an individual basis; class actions and jury trials are waived. Opt‑Out: You may opt out of arbitration within 30 days of first use by emailing contact@tenaxai.com with your name and the email associated with your account. Either party may seek injunctive relief in court to protect IP or confidential information. Small claims actions may proceed in small claims court.
19. Export & Sanctions
You must comply with U.S. export and sanctions laws. You may not use the Services if you are located in an embargoed jurisdiction or on a restricted list.
20. Government Use
The Services are “commercial computer software” under FAR 12.212 and DFARS 227.7202; U.S. Government users acquire only the rights specified herein.
21. Force Majeure
Neither party is liable for delays or failures due to events beyond reasonable control.
22. Assignment
You may not assign these Terms without our prior written consent. We may assign to an affiliate or in a merger, acquisition, or asset sale.
23. Notices
We may provide notices via email or in‑product messaging. You may send legal notices and general inquiries to contact@tenaxai.com.
24. Entire Agreement; Severability; Waiver
These Terms (and any applicable order form, Privacy Policy, Cookie Notice, and DPA) form the entire agreement. If any provision is unenforceable, the remainder remains in effect. Failure to enforce is not a waiver.
Contact
Tenax AI, Inc., Los Angeles, California, USA
contact@tenaxai.com

