Last Revision: April 23, 2018
Terso Solutions, Inc. (“Terso,” “we” or “us”) appreciates your interest in the Catapult alert service (“Alert Service”). These terms and conditions (“Terms”) govern your use of the Alert Service. By using the Service, you agree to be bound by these Terms. If you are using the Alert Service on behalf of a business, that business accepts these Terms.
Don’t misuse the Alert Service. For example, you may not interfere with the Alert Services or try to access it using a method other than the interface and the instructions that we provide. You may use the Alert Services only as permitted by law. We may suspend or stop providing the Alert Service to you if you do not comply with our Terms, if we are investigating suspected misconduct, or our provision of the Alert Service to you is no longer commercially viable.
Using our Alert Service does not give you ownership of any intellectual property rights in our Alert Service or the content you access. These Terms do not grant you the right to use any branding or logos used in the Alert Services.
We may add or remove functionalities or features, and we may suspend or stop the Alert Service altogether. If we discontinue a functionality or feature of the Alert Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of the Alert Service.
The Alert Service will only work when registered devices are online. You are responsible for keeping registered devices online.
You will need to create an account to use the Alert Service. You may not allow any third party to use your account for any purpose. You are responsible for safeguarding your account. Use a strong password, keep your password confidential, and limit its use to your account. Terso is not liable for any loss or damage arising from your failure to comply with this paragraph.
As part of the Alert Service, we will provide you with various communications regarding the devices you register. You can control what type of communications you receive from the Alert Service. If you add your email and/or telephone number to your account in order to receive these communications, you are responsible for updating your account information if you change or deactivate your email or telephone number. Terso is not responsible for any text messaging or data charges you may incur for your use of the Alert Service.
You are responsible for registering devices. You will not receive the Alert Service for a device unless you register the device in your account. If you acquire a device after creating an account, you must register that device in your account to receive the Alert Services for that device. This paragraph applies even if the device you acquire is a replacement for a device that is registered in your account.
The fees we charge for your use of the Alert Service are a flat yearly rate as shown on the Alert Service subscription page. In order to use the Alert Service, you must pay these fees with a PayPal account or via credit card for your service to be activated. Your PayPal account or credit card will be charged by Terso. You authorize Terso to charge your PayPal account or credit card for payments due upon completing the subscription process. The charges for the Alert Service are nonrefundable. Payments are non-recurring; when the subscription ends, alerting will cease to function unless the service is renewed. Renewal is a manual process that must be completed by you.
TERSO PROVIDES THE ALERT SERVICE “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. FOR EXAMPLE, TERSO MAKES NO REPRESENTATIONS, OR WARRANTIES ABOUT THE ALERT SERVICE, ITS SPECIFIC FUNCTIONS, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS.
TERSO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSSES OR EXPENSES BASED UPON, RESULTING FROM OR ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE ALERT SERVICE FOR ANY PURPOSES WHATSOEVER. IN NO EVENT SHALL TERSO’S LIABILITY UNDER THIS AGREEMENT EXCEED THE AGGREGATE OF ALL PAYMENTS RECEIVED BY TERSO FROM YOU FOR YOUR USE OF THE ALERT SERVICE.
You and your business will hold harmless and indemnify Terso and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Alert Service or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
The laws of Wisconsin, U.S.A. will apply to any disputes arising out of or relating to these Terms or the Alert Services. All claims arising out of or relating to these Terms or the Alert Services will be litigated exclusively in the federal or state courts located in Madison, Wisconsin, USA, and you and Terso consent to personal jurisdiction in those courts.
We reserve the right to make changes to these Terms at any time. When we make changes to these Terms, we will post the revised Terms, with an updated revision date at the top of the Terms, on the Alert Service login website, https://www.catapultalerts.io/. We encourage you to view our Terms regularly for updates. Your continued use of the Alert Service will be deemed your agreement to any changes. If you object to any of the changes to these Terms, you must stop using and cancel the Alert Service.
You may cancel the Alert Service at any time by contacting us at the address below and discontinuing your use of the Alert Service. However, even if your Alert Service account is deactivated, we will retain your information.
If you have questions about these Terms, please email email@example.com.