Privacy policy

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Tersus Privacy Policy

Last updated: November, 2023

 

By creating an account, using our Services, or clicking 'Agree' or 'Accept' on this Privacy Policy, you are explicitly consenting to the collection, use, and disclosure of your personal information as described in this Privacy Policy.

  1. Introduction

At Tersus, we are committed to ensuring that your personal information is protected and never misused. We process personal data about you in accordance with applicable local law and this privacy policy.

We do not sell your personal information to anyone and only share it as outlined in this privacy policy or when you ask us to.

Our privacy policy explains what personal information we collect, why we collect it, how we use it, the control you have over your personal information, and the procedures we have in place to protect your personal information. It applies to the personal information we collect through:

1.1. Websites

  • web pages for our products;
  • blog;
  • information pages (like this one);
  • online store ();
  • documentation ().

1.2. Tersus apps (Apple App Store, Google Play Store)

(hereinafter – “Websites and Apps”).

  1. Privacy principles

Privacy policies can be complicated. We have tried to make ours as clear and as accessible as possible. To help, we have also summarized how we handle your personal information at Tersus in our privacy principles below. These principles demonstrate our commitment to protecting your privacy and handling your personal information in the right way, and as you would expect it to be handled.

At Tersus we:

  • will only ask for or collect the personal information we need to provide and improve the service, products, and experiences our customers expect;
  • give you control over the personal information we hold about you to ensure it is accurate and meets your expectation, and we are always available at info@tersus-gnss.com for any inquiries concerning your privacy;
  • make sure your personal information is always secure and protected;
  • are fair and transparent about how we use the personal information we hold;
  • only ever use your personal information for the purpose that you trusted us to use it for;
  • will not sell your personal information and only share it as outlined in our privacy policy or when you ask us to;
  • respect your choices and will inform you if there are important changes that affect your personal information or how we use it;
  • take responsibility for the personal information that we hold about you.
  1. What personal data we collect

We are not interested in collecting every personal detail about you. Our main reason for collecting your personal information is to provide and improve the service and products.

Personal information is defined slightly differently across the world. To guarantee your privacy and the protection of your information, we define it as any information that could be used to identify you or another individual directly or indirectly.

We collect personal information about you in a number of different ways. In this section, we explain the different ways we collect personal information about you and the ways in which that information will be used. For more detail on how we use your personal information, please see the section titled “4. How we use your personal information”.

3.1. Information you share with us

We collect personal information that you share with us when you contact us or interact with us through our Websites and Apps, email, phone, in person at our stores, stands and events, or otherwise.

For example, you will provide information to us when you contact our customer service teams, place an order, use a warranty.

Through these interactions, you may share with us: your name, address, e-mail address, contact number, and payment information. In some circumstances, we will need that information to be able to provide you with a product or service that you have asked for; for example, we need your payment information when you buy a product, your address to deliver it to you or to issue an invoice, or to find your previous orders.

If you share details of other people with us (for example, if you have bought an Tersus product for that other person), then you will need to check with that person that they are happy for you to share their personal information with us, and for us to use it in accordance with this privacy policy.

We do not have access to your full payment information. Payment is processed by the GDPR-compliant online payment services: PayPal and Stripe. Check their privacy policy pages to see how they can handle your Personal Information:

3.4. Cookies

We use cookies to recognize your browser and, if you have a registered account, associate it with your registered account. You will be prompted about the usage of cookies on the website when you visit it for the first time. You can disable cookies in your web browser settings, except cookies, which are mandatory to enable you to use our Websites and Apps.

In addition, we use cookies for website analytics.

Some cookies that we use at Tersus will collect personal information about you. Any personal information that is collected will be used in accordance with this privacy policy. By continuing to use our Websites and Apps, you accept that cookies will be set on your device.

3.5. Email communications

We will be sending support communications emails to you if you are a user of our products or services.

When you subscribe to our newsletters, you enter your name and email address. We use them to send you our marketing emails if you are fine with that. We also use email tracking to monitor and analyze click and open rates. This helps us to improve our newsletter content. You can opt-out of the subscription anytime by clicking the link in an email bottom.

Our email marketing platform is MailChimp. To see how they can handle your personal information, check the MailChimp privacy policy page.

3.6. Social media and Tersus forum

We like interacting with you on social media. You may use social media to contact us about your Tersus products or to let people know what you think about your Tersus product. We review publicly available social media and online sites to get a better understanding of what people are saying about us and our products, technology, and services and to assist customers who prefer to contact us through social media.

The information we collect from social media and online sites, including Facebook, YouTube, Twitter, Pinterest, Line, and Snapchat, sometimes includes personal information that has been put online and is publically available. We make sure any information we use is properly credited to its source or is made anonymous.

These online and social media sites typically have their own privacy policies explaining how they use and share your personal information. You should carefully review those privacy policies before you use these sites to make sure that you are happy with how your personal information is being collected and shared.

Additionally, we use our forum to get a better understanding of what people are saying about us. When you are registering on our forum, you enter your name and email address. Your email address will be verified by an email containing a unique link. If that link is visited, we know that you control the email address.

When you are registered and posting, we record the IP address that the post originated from. We also may retain server logs, which include the IP address of every request to our server.

3.7. Information we collect at our stores, stands, and events

You may share personal information with us when you visit us in person at our stores, stands and events; such as your name, contact details, and payment information (see the section above titled “Information you share with us”).

If you have Wi-Fi or Bluetooth enabled on your phone (or another device) when you visit us at our stores, stands and events, we may also collect limited personal information through your device.

  1. How we use your personal information

Our main reason for collecting and using your personal information is to provide and improve the service and products.

4.1. Information you share with us

We use the personal information you share with us in the following ways:

  • to provide, manage and coordinate the purchase, delivery, and any required after-sales care of your products;
  • to respond to your queries and requests;
  • to communicate with you;
  • to provide services and support for our products;
  • to enable us to identify where service and product improvements can be made;
  • to provide updates to you about any changes to Tersus’s policies, terms and conditions, and any other matters which we may need to tell you;
  • to document, monitor and record the lifecycle of our products;
  • to tell you about our other products and services (if you explicitly agree with that); and to provide you with essential service updates about your Tersus products.

4.1.1. Information from Cloud Services

There is some additional specific regarding Cloud Services. The essence of the Сloud Services is data exchange between different devices and access to data from different devices. All this data is required for Cloud Services to function and for us to improve and administer its work.

4.2. Information from your online interactions

We use the personal information from your online interactions, by itself and in combination with other personal information that we collect about you to identify any part of our Websites or Apps that aren’t working as well as they should be, so that we can fix things and make our Websites and Apps better for you and other users.

We also want to be able to monitor your use of our Websites and Apps, and how you engage with our promotional campaigns and advertising online, so that we can:

  • customize and improve the way that you shop with us in future (for example, by showing you products and offers that we think you might like); and
  • send you more relevant and interesting marketing communications (as long as you are happy for us to do so);
  • detect and prevent fraud;
  • keep our Websites and Apps, products and IT systems secure;
  • produce analytics, user profiles, reports, and targeted advertising;

to respond to online queries through the web-enabled chat services on our Websites and Apps.

Tersus does not take any decisions involving the use of algorithms or profiling that significantly affects you. You have the right to object to our monitoring of your use of our Websites and Apps, and how you engage with our promotional campaigns and advertising online for these purposes unless we have a legitimate interest in doing certain data processing.

4.3. Other potential uses of your personal information

We use your personal information:

  • to assist in any disputes, claims or investigations relating to your Tersus product or warranty matters;
  • to detect and prevent fraudulent transactions;
  • to comply with our legal obligations; and
  • for general statistical analysis on an anonymous basis.
  1. What are our legal justifications
    for processing data

Data protection and privacy laws usually require us to have a legal basis or lawful grounds for handling personal information. Broadly, that means that we have to have a legal justification for handling your personal information. For the most part, we need to handle your personal information to be able to:

  • provide you with the products or services that you have asked for; and
  • for our products, Websites and Apps to be able to work properly and to do all the things that you expect them to.

We rely on our contractual arrangements with you as the lawful basis on which we collect and process your personal data when you make an order for products and services. The same ground we use when you want to use Cloud Services, as a part of the performing Terms of Services for Cloud Services. Sometimes, our use of your personal information is not strictly necessary for us to be able to provide you with our products and services, or for them to work properly. In those circumstances, we have what’s called a “legitimate interest” in handling your personal information; our “legitimate interest” may be to:

  • detect and prevent fraud;
  • keep our websites, apps, products and IT systems secure;
  • ensure that our own processes, procedures, and systems are as efficient as possible;
  • analyze and enhance the information that we collect;
  • determine the effectiveness of our promotional campaigns and advertising; and
  • customize and improve the way that you shop and engage with us in the future.

Where we rely on our legitimate interests, we will always make sure that we find the balance between these interests and your rights.

In some cases, we will use your personal data because it is necessary for us to comply with a legal obligation (such as if we receive a legitimate request from a law enforcement agency).

Finally, there will be certain personal information that you share with us which we specify as being optional (for example, to send you advertising and marketing communications or to monitor your use of the Tersus products, Websites and Apps). We will ask you to provide consent for such data processing to confirm that you are agreeing to our use of your information in that way. You can ask us to delete that information at any time by emailing at info@tersus-gnss.com.

No matter the location, we collect explicit consent from all users in order to send our marketing emails. To join the subscribers’ list you should give us your consent to receive such a newsletter. You can opt-out of receiving marketing emails at any time by clicking the “unsubscribe” link found within our emails and changing your contact preferences.

  1. What personal information Tersus shares
    with third parties

6.1. Sharing within the Tersus Corporation

Most of Tersus’s processes, procedures, and systems are shared across the Tersus Team, which means that we need to share your personal information between us. We make sure that access to your personal information is limited to those of our staff who need it, and that all staff understands how and why we protect your personal information.

6.2. Third-party service providers

We share your personal information with certain third-party service providers. They only have access to the personal information they need to perform those services. They are required to keep your personal information confidential and may not use it other than as we ask them to and always in accordance with this privacy policy. Those third-party service providers fall into the following categories:

  • certain distributors who help us to sell our products in certain countries;
  • those helping us to deliver products to you;
  • third parties that help us with mailing services, product service and repairs, processing product purchases, financial services, audit services, administrative services, IT technologies (e.g., data storage), security services and insurance claims; and
  • third parties that help us to provide services and responses to you.

6.3. Third parties that help us with our advertising and marketing

We want to make sure that our advertising and marketing is relevant and interesting to you and our other customers. That means that we work with third parties to help us to understand how well our online advertising works, or to reach people who are more interested in Tersus products. They do this by setting cookies on our website (more information on this can be found in our cookies policy).

We will also share limited personal information with:

  • social media platforms (such as Facebook), who serve our advertising on their platforms;
  • third party data providers and analytics companies who perform data matching and/or data analysis on our behalf.

6.4. Other third parties

We share certain personal information with third parties who help us to detect and prevent fraudulent transactions. The information we share with those third parties includes some of the information that you share with us (such as your contact details and information about
the transaction), and some of the information from your online interactions (such as the IP address of your device). That information is used to determine whether a transaction could be fraudulent. They are responsible for their use of your personal information and will use it for the purposes set out in their privacy policy.

We will also share your personal information if we are required to do so by law, including in response to a legal process, such as a court order or subpoena, or to comply with other national, state, provincial or local laws.

If you would like more information on how we share your personal information, please email at info@tersus-gnss.com .

  1. External links

You can sometimes find links to other sites on the website. These third-party sites have their own privacy policies. We have no responsibility or liability for the content and activities of these linked sites.

Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

  1. How long we keep your personal information

We only keep your personal information for as long as we need to, to be able to use it for the reasons given in this privacy policy, and for as long as we are required to keep it by law. The actual period for which we store your personal information will vary depending on the type of personal information and how it is used. For example, when you buy a product from us, we will store information about you and your purchase for at least the term of your warranty or guarantee.

  1. Your rights

Consistent with applicable law, you may exercise any of the rights described in this section before us. See here for information on data subject rights requests and how to submit a request. Please note that we may ask you to verify your identity and request before taking further action on your request.

9.1. Managing your Information

You may access and update some of your information through your account settings. You are responsible for keeping your personal information up-to-date.

9.2. Rectification of inaccurate or incomplete information

You have the right to ask us to correct inaccurate or incomplete personal information about you (and which you cannot update yourself within your Tersus app, or another tool).

9.3. Data access and portability

In some jurisdictions, applicable law may entitle you to request certain copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).

9.4. Data retention and erasure

We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. In certain jurisdictions, you can request to have all your personal information deleted entirely. Please note that if you request the erasure of your personal information:

  • we may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention, and enhancing safety;
  • we may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, we may keep some of your information for tax, legal reporting and auditing obligations;
  • information you have shared with others (e.g., reviews, forum postings) may continue to be publicly visible on the Tersus platforms, even after your account is canceled. However, the attribution of such information to you will be removed. Additionally, some copies of your information (e.g., log records) may remain in our database but are disassociated from personal identifiers;
  • because we maintain the Tersus Websites and Apps to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.

9.5. Withdrawing consent and restriction of processing

If we are processing your personal information based on your consent, you may withdraw your consent at any time by changing your account settings or by sending an email at info@tersus-gnss.com . Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal.

9.6. Objection to processing

In some jurisdictions, applicable law may entitle you to require Tersus not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing, Tersus will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defense of legal claims.

Where your personal information is processed for direct marketing purposes, you may, at any time, ask Tersus to cease processing your data for these direct marketing purposes by sending an email at info@tersus-gnss.com.

  1. How we protect your personal information

We are committed to protecting your personal information. We use appropriate technical and organizational measures, including encryption, to protect your personal information and privacy, and review those regularly. We protect your personal information using a combination of physical and IT security controls, including access controls that restrict and manage the way in which your personal information and data are processed, managed, and handled. We also ensure that our staff is adequately trained in protecting your personal information. Our procedures mean that we may occasionally request proof of identity before we share your personal information with you.

In the unlikely event that we do suffer a security breach which compromises our protection of your personal information and we need to let you know about it, we will do so.

  1. Transfer of your personal data

We may need to transfer your personal data to other countries, in the following circumstances:

  • where you have requested a service which is fulfilled by one of our group companies which sit outside of your country;
  • where we work with a supplier that processes some of its personal data outside of your country.

Foreign countries may not have the same data protection laws as yours, and so your personal data may not be subject to the same protections. However, in such cases, we will take efforts to make sure that any transfer of your personal data to countries outside of yours is subject to appropriate safeguards and under the guiding principles set out in this privacy policy.

In any case, our transfer, storage, and handling of your personal information will continue to be governed by this privacy policy. If you would like further information about the global handling of your personal information, please contact us at info@tersus-gnss.com.

  1. Children

Tersus’s Websites and Apps, Cloud Services, and products are not directed at children. We do not knowingly collect any personal information from children.

If you are a child, please do not attempt to become a registered user of our Websites and Apps, Cloud Services, or products or otherwise provide us with any personal information. If we learn that we have inadvertently obtained personal information from a child, we will delete that information as soon as possible.

If you are aware of a child who has provided their personal information to us, please contact us at info@tersus-gnss.com.

  1. Updates to Privacy Policy

We may need to change this page from time to time in order to address new issues and reflect changes on the Websites. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone.

  1. Contacting us about Privacy Policy

We address privacy issues seriously and are always available at info@tersus-gnss.com for any inquiries concerning your privacy.

Website Terms and Conditions

Last updated: December, 2023

  1. General provisions

The following terms and conditions (the “Terms and Conditions”) govern all use of the tersus-gnss.com  website and all content and services available at or through the website, including, but not limited to  tersus-gnss.store (taken together, the “Website”). The Website is owned and operated by Tersus., which has its registered address at No.666 Zhangheng Road, Pudong Shanghai, PR China, (hereinafter “Tersus”, "we", "us" or "our").

The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Website by Tersus GNSS Inc.

These Terms and Conditions are legally binding between you ("User", "you" or "your") and Tersus GNSS Inc. By accessing and using the Website, you acknowledge that you have read, understood, and agree to be bound by the terms of these Terms and Conditions. If you are entering into these Terms and Conditions on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms and Conditions, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of these Terms and Conditions, you must not accept these Terms and Conditions and may not access and use the Website. You acknowledge that these Terms and Conditions are a contract between you and Tersus GNSS Inc, even though it is electronic and is not physically signed by you, and it governs your use of the Website.

The Website may be temporarily partially or completely unavailable due to maintenance or other work, or for any other technical reasons. Tersus’s technical service has the right to periodically carry out necessary preventive or other work with or without prior notice to Users.

You must be at least 18 years of age to use the Website unless otherwise is permitted by applicable local legislation. By using the Website and by agreeing to these Terms and Conditions you warrant and represent that you are at least 18 years of age, which is permitted by applicable local legislation. If you are under 18 years of age, you must obtain the consent of a parent or legal guardian to use our Services and consent to this Privacy Policy on their behalf.

  1. Your tersus-gnss.com or tersus-gnss.store account (“Account”)

If you create an account on the Website, you are responsible for maintaining the security of your Account and you are fully responsible for all activities that occur under the Account. You must immediately notify Tersus of any unauthorized uses of your Account or any other breaches of security. Tersus will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Tersus may close or suspend access to the Website or Account in order to protect the registered User, Tersus, its partners, or any third party from identity theft or other fraudulent activity.

  1. Suspension​/​Interruption​/​Amendments

Access to the Website may be temporarily suspended, including without prior warning, if any system errors are detected, urgent assistance or maintenance work is required, or for any other reasons beyond Tersus’s reasonable control. Tersus also reserves the right to interrupt access to the Website at any time, including without prior warning, if these Terms and Conditions and/or the conditions for the access to the Website are breached. Nevertheless, Tersus shall be released from all liability for any damage or loss, including loss of data, resulting from this suspension or interruption of the Website.

Tersus shall make reasonable efforts to ensure that the information published on the Website is correct; although Tersus cannot make any guarantees that this information is accurate and complete. Tersus may change the content on the Website and/or the features available and any other aspect of the Website at any time, including without prior warning. Tersus shall not accept any obligations or commitments to update the content and material published on the Website.

  1. User’s responsibility

Tersus Gnss Inc. does not own any data, information, or material (collectively, "User’s Content") that you submit on the Website in the course of its use. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted User’s Content. We may, but have no obligation to, monitor and review the User’s Content on the Website submitted or created by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display, and perform the User’s Content of your user account solely as required for the purpose of providing the access to the Website to you and related services. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any User’s Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.

By making User’s Content available, you represent and warrant that:

  • the downloading, copying, and use of the User’s Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the User’s Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the User’s Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the User’s Content does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive content;
  • the User’s Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the User’s Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
  • your User’s Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and websites, and similar unsolicited promotional methods;
  • your User’s Content is in compliance with all the applicable laws, regulations, and standards and does not contain anything illegal;
  • your User’s Content is not named in a manner that misleads your readers into thinking that you are another person or company; and
  • you have, in the case of User’s Content that includes computer code, accurately categorized and/or described the type, nature, uses, and effects of the materials, whether requested to do so by Tersus or otherwise.

If you contribute your User’s Content on the Website, it is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License .

You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty.

You agree to indemnify and hold Tersus Gnss Inc. and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your User’s Content, your use of the Website or any willful misconduct on your part.

  1. Unsolicited Ideas

Tersus or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products, services or technologies, product or service enhancements, processes, materials, marketing plans, or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions, or other works (“submissions”) in any form to Tersus or any of its employees. The sole purpose of these provisions is to avoid potential misunderstandings or disputes when Tersus’s products or marketing strategies might seem similar to ideas submitted to Tersus. If despite our request that you do not send us your ideas, you still submit them, the following terms shall apply to your submissions.

You agree that:

  1. your submissions and their contents will automatically become the property of Tersus, without any compensation to you;
  2. Tersus may use or redistribute the submissions and their contents for any purpose and in any way;
  3. there is no obligation for Tersus to review the submission; and
  4. there is no obligation to keep any submissions confidential.

You acknowledge that any feedback, suggestions, and ideas you submit on this website are non-confidential and non-proprietary. To the extent permitted by applicable law, we may use, copy, modify, publish, distribute, or otherwise exploit your submissions without your consent or any compensation to you. Please carefully consider the confidentiality and proprietary nature of any content you submit before submitting it.

Tersus Gnss Inc. does, however, welcome your feedback regarding Tersus’s products and services. If you wish to send us your feedback, please provide only specific feedback on Tersus’s existing products, services, or marketing strategies; do not include any ideas that Tersus’s policy will not permit it to accept or consider.

Any feedback you provide at this site shall be deemed to be non-confidential. Tersus Gnss Inc. shall be free to use such information on an unrestricted basis.

  1. Conditions and restrictions on use

The Website only gives a limited right of access to the Website and the license is non-exclusive and non-transferable. Except for the foregoing, no other right, title, or interest is transferred by virtue of these Terms and Conditions.

Usage of the Website, including all the associated functions and functionalities, is only permitted in accordance with the applicable laws, regulations, and standards, and with any other limitation on the use of the service or content on the Website. The content and any material purchased or used through the Website may not be kept, reproduced, distributed, modified, exhibited, published, granted under license, or utilized to generate derived works to be offered for sale or otherwise utilized. The protections on the Website may not be evaded, removed, altered, deactivated, impaired, or blocked; the use of robots, spiders, scrapers, or other automated tools to access the Website and/or the related service is prohibited; the decompilation, reverse engineering or de-assembly of any software or other product/work/process accessible through the service that makes the Website available, is prohibited; the insertion of any code or product or manipulation of the Website or the utilization of any data mining method, data harvesting or extraction method, is prohibited.

All users are strictly prohibited from uploading, posting, sending by email, or otherwise transmitting any material that is designed to interrupt, destroy or limit the functionality of any software, hardware, or telecommunications terminal associated with the Website, including viruses and any other code, file or program. Tersus may limit or interrupt the use of the Website in the event that these Terms and Conditions are breached, or if the Website is used illegally or fraudulently.

The quality of the Website may be influenced by a series of factors such as geographical location, available bandwidth, or Internet connection speed. All costs of accessing the Internet will be payable by the User. Users are asked to check with their Internet service provider, regarding the amount debited for the consumption of data. The time required to start viewing the Website may vary depending on a series of factors, including geographical location, available bandwidth, and the selected content.

The backend software used to serve and provide access to the Website has been developed or implemented by or on behalf of Tersus and is designed to allow the Website to be viewed on compatible devices. The view and functionality and functions may vary depending on the device. It is also possible that the use of the Website requires the use of third-party software which is subject to license conditions stipulated by third parties.

When receiving access to the Website the User agrees to automatically receive updates of the software of Tersus and of third parties.

Personal data is processed in accordance with the Privacy Policy of Tersus, which is available at: https://store.Tersus.com/legal/.

  1. Content posted on other websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Website links, and that link to Website. Tersus does not have any control over those non-Websites and webpages and is not responsible for their contents or their use. By linking to a non-Website or webpage, Tersus does not represent or imply that it endorses such a website or a webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Tersus disclaims any responsibility for any harm resulting from your use of non-Websites and webpages.

  1. Intellectual property rights and licensing conditions

Unless specified otherwise under these Terms and Conditions or under certain conditions of the specific Website accessed by the User, all copyrights and any other intellectual property or industrial rights or any other rights in any of the content or aspects of the Website belong to Tersus or/and to its licensors. These works are protected by national and international copyright law and by existing international treaties. All rights over these works are expressly reserved. Any use is prohibited of the content of the Website which has not been expressly granted by these Terms and Conditions. If any of these Terms and Conditions are breached, Tersus reserves the right to ban the use of the Website and to request the immediate return or destruction of any material printed or downloaded from the Website or as a result of using the Website.

Subject to compliance with these Terms and Conditions and with any conditions for the provision of access to the Website, Users may print or download certain extracts from the Website strictly for personal use, provided that:

  • no documents or graphics are altered in any way;
  • no illustrations, photographs, videos, audio clips, or any other graphics are used separately from the reference text;
  • the copyright declaration (copyright © Tersus) and the trademark declarations (® or ™) are attached to every copy made.

Notwithstanding the above, no part of the contents of the Website may be reproduced or archived at any other website or included in any other information archiving and search system or service system, without prior written consent from Tersus.

Tersus name, Tersus logo, and any other Tersus’s logo and product or service name are or may be trademarks owned by Tersus (“Tersus Trademarks”) or by third parties. Using or displaying Tersus Trademarks without Tersus’s prior written consent is prohibited.

No property rights or any other owned or licensed rights are granted over extracts or any other material taken from the Website. With the sole exception of the above, all rights are reserved.

Any use of the Website other than that permitted under these Terms and Conditions, without prior written authorization, is expressly prohibited and shall result in the withdrawal of any licenses granted according to these Terms and Conditions. This unauthorized use could also breach any applicable laws including, by way of example, copyright laws, trademark protection laws, and other legislation on the communication or protection of personal data. We reserve the right to suspend the accounts and access of Users who we believe have breached applicable laws or regulations. Without prejudice to the express provisions of these Terms and Conditions or the conditions for the provision of access to the Website, under no circumstances should it be understood that licenses for intellectual property rights have been implicitly or conclusively granted. All licenses may be withdrawn at any time and on any grounds.

Tersus reserves the right to display attribution links. Footer credits and the Tersus.com toolbar may not be removed regardless of upgrades purchased.

  1. Liability restrictions

The Website and software used on the Website are provided by Tersus and contributors “as is” and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. Neither Tersus nor its suppliers and licensors make any warranty that the Website will be error-free or that cess thereto will be continuous or uninterrupted.

To the fullest extent permitted by applicable law, in no event shall Tersus Gnss Inc. (including its affiliates, directors, officers, employees, agents, suppliers, and licensors) or contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software and Website, even if advised of the possibility of such damage. To the maximum extent permitted by applicable law, the aggregate liability of Tersus Gnss Inc. and its affiliates, officers, employees, agents, suppliers, and licensors relating to the Website will be limited to an amount not greater than 500 (five hundred) dollars. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

  1. Online communications

All information about the User’s Account and Website will only be sent in electronic format, to the email address used at the time of registration on the Account.

  1. Amendments to conditions of use

Tersus may vary these Terms and Conditions. We reserve the right to modify these Terms and Conditions or its terms relating to the Website at any time, effective upon posting of an updated version of these Terms and Conditions on the Website.

  1. Forces beyond Tersus's control

Tersus is not liable for failure to fulfill its obligations under these Terms and Conditions due to causes beyond its reasonable control (for example, acts of nature, acts or omissions of User, operational disruptions, man-made or natural disasters, epidemic medical crises, materials, or goods shortages, strikes, criminal acts, delays in delivery or transportation, or inability to obtain labor, materials or goods through regular sources).

  1. Applicable law. Competent Court

The formation, interpretation, and performance of these Terms and Conditions and any disputes arising out of it shall be governed by the substantive and procedural laws of England and Wales without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of England and Wales. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Budapest, Hungary, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to these Terms and Conditions.

  1. Communications

For more information, or to make a complaint, the User may send an email to the following address: info@tersus-gnss.com

  1. Miscellaneous

Tersus Gnss Inc. may assign, transfer or otherwise dispose of its rights and obligations under these Terms and Conditions, in whole or in part, at any time without notice to you. The User may not assign or transfer any rights hereunder.

If any part of these Terms and Conditions is or becomes legally invalid or ineffective, the validity of the other provisions shall not be affected thereby. In this case, the invalid or ineffective provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid or ineffective provision.

If you wish to terminate these Terms and Conditions or your Account (if you have one), you may simply discontinue using the Website. All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Terms and Conditions of Sale

Last updated: December, 2023

  1. Introduction

These terms and conditions of sale (hereinafter - “Terms and Conditions”) govern the offer and sale of the goods (hereinafter - “Goods”) between Tersus Gnss Inc., which has its registered address at No.666 Zhangheng Road, Pudong Shanghai 201203, PR China, (hereinafter the “Vendor”) and the customer (hereinafter the “Buyer”) sold by the Vendor on the e-commerce channel of the website  tersus-gnss.store (hereinafter - “Platform”). The term “Goods” includes such services related to the Goods and requested by the Buyer unless the context requires otherwise.

If the Buyer is interested in the purchase, they are invited to read these Terms and Conditions carefully before buying the Goods on the Platform. When buying the Goods on the Platform, the Buyer declares that they have read and expressly approved these Terms and Conditions. The description of the Goods is contained in the technical sheet for each good, which is published on the Platform. If the person is acting on behalf of a legal entity-Buyer, the Vendor assumes that this person is authorized and entitled to accept these Terms and Conditions on behalf of such entity represents. It is recommended to save a file with a copy of these Terms and Conditions for future reference.

The Vendor may use subcontractors to fulfill the transport, delivery, installation of the Goods and/or other services or products ordered.

These Terms and Conditions shall apply exclusively. Any conflicting or deviating terms and conditions are not accepted. These Terms and Conditions shall apply to deliveries even in the event that the conflicting or deviating terms have not been contradicted by Vendor. If any of the Vendor’s employees or representatives promise the Buyer something that is conflicting or deviating from these Terms and Conditions, the Vendor is not bound by such promises.

The Buyer can place an order on the Platform 24 hours a day, 7 days a week, except for periods of routine maintenance or technical failures.

The Platform may be temporarily partially or completely unavailable due to maintenance or other work, or for any other technical reasons. The Vendor’s technical service has the right to periodically carry out necessary preventive or other work with or without prior notice to Buyers.

  1. Formation of contract

The Goods presentation on the Platform does not represent an offer but shall be understood as a non-binding invitation for the Buyer to place a purchase order.

By confirming a purchase order on the Platform, the Buyer declares that they have reached the age of legal majority, that they have the necessary legal capacity, and that they are legally authorised to enter into purchase contracts. By sending a purchase order, the Buyer sends the Vendor a binding offer for the conclusion of a purchase contract, and the Buyer confirms that they have read, understood, and accepted all these Terms and Conditions.

The Buyer will receive an automatic reply from the Vendor with order confirmation to the email address supplied by the Buyer during the online purchase process on the Platform. The Buyer expressly accepts this form of communication for the exchange of information regarding the formation and fulfillment of the purchase contract. The Vendor may, at its discretion, reject/cancel the purchase order within 7 (seven) calendar days after sending the automatic reply with order confirmation to the Buyer. The rejection/cancellation of the purchase order may be made for various reasons (restrictions to delivery to certain countries, absence of certain Goods etc.) and the Vendor shall not be liable for any direct or indirect damages in this case before the Buyer. In case of purchase on advance payment, the purchase contract is subject to the condition of and shall become binding for Vendor only upon receipt of the respective payment for the purchase.

The Buyer is fully responsible for providing incorrect information, which resulted in the inability of the Vendor to properly fulfil its obligations to the Buyer.

  1. Price and terms of payment

The prices for the Goods on sale on the Platform are in USD net, excluding taxes or charges that may apply to the particular case. The delivery and other applicable costs will additionally apply to the Goods at the time of purchase on the Platform. The transport and other applicable costs will be calculated separately, and the Buyer will be notified of them before the order is confirmed.

The Buyer should calculate additional costs related to the state fees (for example, taxes, customs charges, etc.), and such costs are not displayed on the Platform.

The price of the Goods purchased on the Platforms is the price published from time to time on the Platform. These prices may be subject to changes, which will not however affect the orders already accepted by the Vendor when the changes are introduced.

Any additional custom taxes, duties, fees, imposts, tariffs, and charges that may be raised by particular countries or authorities related to the conclusion or execution of Buyer’s purchase order shall be borne by the Buyer. In the event Vendor is required to pay such charges to any authority, the Buyer shall indemnify and hold harmless Vendor for any such payments.

In the event of obvious errors on the Platform or made in connection with a Buyer’s purchase order, the Vendor reserves the right to correct the error and charge the correct price. In such a situation, the Vendor shall contact the Buyer and offer the Buyer the option of purchasing the Goods at the correct price or canceling the Buyer’s purchase order.

The price is to be paid by PayPal in a single amount in advance as a part of placing a purchase order unless other options are provided by the Vendor. Alternatively, if this option is expressly provided by the Vendor on the Platform or individually the payment may be made using a bank transfer or credit card. Details of the terms of payment that apply at the time the purchase order is made are contained in the “Checkout” page on the Platform. The Vendor reserves the right to exclude or include particular payment methods at any time.

The Goods will remain the property of the Vendor until full payment of all sums due in relation to the sale contract, including, for all Buyers, any interest on arrears and expenses incurred by the Vendor to recover amounts outstanding, unless this is not directly prohibited by the applicable law and cannot be excluded by these Terms and Conditions.

The Buyer may not set off any amounts due whatsoever from the Vendor against amounts due to the Vendor unless expressly allowed and cannot be prohibited by applicable law.

In case of payment by bank transfer or other payment, which was not made in advance, if the prepayment has not been made within 14 days upon receipt of the invoice, the Vendor will have the right to terminate the contract; the right of the Vendor to raise claims for damages on such grounds shall not be affected thereby. In the event of any payment delay, the Vendor shall have the right to charge default interest in the amount of 5% above the base interest rate of the European Central Bank valid at the time. In addition, the Buyer shall be obliged to compensate any reminder costs and collection expenses that have been incurred due to the delayed payment.

  1. Promotion and Discounts terms

Unless otherwise directly provided by the certain promotion campaign, the following rules shall be applied for the promotions, discounts, promotional vouchers, and other special approaches for prices (the “Campaign”). The Campaign is:

  1. subject to change at any time without prior notification by the Vendor and Vendor reserves the right to at its sole discretion vary, delete or add to any of the terms and conditions contained herein and/or cancel, terminate (including the right to cease the Campaign) or suspend any Campaign, and, in this case, revised Campaign terms (its termination) shall be posted on the Tersus.com website in due time;
  2. valid for Goods are only available while in stock;
  3. valid for a limited time specified in the Campaign and transactions made during this period only (if period is not specified, the Campaign is valid for 24 hours);
  4. valid for the limited number of transactions specified in the Campaign (if number is not specified the Campaign shall be applicable for one purchase of one item only);
  5. valid for the specified in the Campaign Goods only;
  6. valid if the Campaign is published on the tersus-gnss.store website only;
  7. applicable for the full price Goods only, and
  8. applicable on first come first serve basis. The Vendor will only accept transactions that fulfill the Campaign terms.

The Campaign is not valid with any other Campaign, in other words, any promotions, discounts, promotional vouchers, and other special approaches for prices cannot be used in conjunction with any other promotions, discounts, promotional vouchers, and other special approaches for prices. If the Campaign is for a specific Buyer only, it cannot be transferred or applied for another Buyer. Any benefits under the Campaign are non-exchangeable and no cash alternative is offered to the Buyer.

Transactions that are incomplete or fail to abide by the Campaign terms will be automatically disqualified without any further notice. The Vendor reserves the right to disqualify any Discount Offer to the Buyer, in the event that the Vendor believes that the Buyer may have contravened, will contravene, or has contravened any of these terms and/or may bring the Vendor into disrepute.

The Vendor will not be liable and/or be required to offer replacement offers, discounts, credits, cash, or otherwise compensate the Buyer for their inability to benefit from the Campaign.

The Buyer agrees to hold harmless, defend and fully indemnify the Vendor from and against all losses (including loss of opportunity and consequential loss arising therewith), damages, expenses, and all third party actions, proceedings, claims, demands, costs (including without prejudice to the generality of this provision, the legal cost of each other, personal injuries, death, loss or destruction of property, rights of publicity or privacy, defamation), awards and damages that may arise as a result of the Campaign.

The Vendor’s promotions may be subject to specific limitations and conditions. Before participating in any promotion, the Buyer should carefully read and understand these limitations and conditions. The Vendor will clearly disclose such limitations and conditions on the promotion page to ensure that the Buyer can make informed decisions when participating in the activities.

The Buyer shall be personally responsible for all taxes, rates, government fees, or any other charges that may be levied against the Buyer under applicable laws, if any, in relation to this Campaign.

In the event of inconsistency between the terms in this section of Terms and Conditions and other provisions or terms specified in writing in the certain Campaign, terms and provisions of the respective Campaign shall prevail, except the rule that the Campaign is valid only if the Campaign published on the tersus-gnss.storewebsite.

  1. Delivery and transport

Unless communicated otherwise by the Vendor, the Goods will be delivered at the Buyer’s address at Buyer’s costs and the Buyer must receive the Goods there. The Goods must be delivered to the Buyer’s address mentioned in the purchase order. The Vendor's obligation to deliver the Goods is considered fulfilled and risk of accidental loss or damage to the Goods passes to the Buyer when the Vendor hands the Goods to a delivery service company, which shall hand the Goods to the Buyer or to a third party specified in the purchase order as the recipient. Buyer or a third party specified in the purchase order as the recipient are collectively referred to as the "Recipient".

The shipping cost of Goods is calculated individually based on the following specification of the ordered Goods: the weight of the Goods, the place of delivery and delivery method, etc. The shipping cost is indicated on the Platform during ordering.

The delivery date and delivery period specified by the Vendor are purely indicative and are not of the essence. It is the date/period indicated in the order confirmation or date/period indicated on the Platform, or, if no delivery date/period has been indicated, the delivery will be fulfilled within a reasonable period from the date of contract formation, except in cases of force majeure, and after the Vendor has received all the documents proving that payment has been made.

If the delivery of the Goods is made within the agreed terms, but the Goods were not delivered to the Buyer for reasons that depend on the Buyer, the subsequent delivery is made within the new terms agreed with the Vendor, after the Buyer pays the cost of delivery services again.

The Vendor may reject/cancel the automatically confirmed purchase order if the delivery cannot be made to a certain country (as described in the section “Formation of contract”). The Buyer shall always check with the Vendor whether the delivery of the Goods can be made to the specific country.

In order to avoid cases of fraud, as well as to fulfill the obligations assumed, when delivering prepaid Goods, the person delivering the Goods has the right to request a document proving the identity of the Recipient, as well as specify the type and number of the document provided by the Recipient on the purchase order receipt.

The Recipient checks the appearance and completeness of the Goods, as well as the completeness of the entire purchase order at the time of delivery. The Recipient must immediately inform the Vendor of the apparent defects found in the Goods or incompleteness of the purchase order, otherwise, the Buyer cannot refer to such apparent defects or incompleteness.

The Vendor shall transfer the Goods to the Buyer with the relevant accessories, as well as documents related to the Goods (user manual, etc.).

The Goods may be subject to customs, export control, and other public laws, regulations, and procedures. The Buyer is obliged to comply with the regulations and obligations resulting from these export or import control and other public laws. The Vendor shall not be liable for any and all limitations with regard to the delivery of the Goods resulting from such regulations and reserves the right to withdraw from the purchase contract based on these grounds. The Buyer shall provide the Vendor and delivery service company with all necessary assistance required for customs procedures, export control, and other applicable procedures that may occur, including (but not limited to) provision of necessary documents and information by the Buyer. The Vendor shall not be liable for any delays or unsuccessful results of customs, export control, or other similar proceedings, even if they caused that the Buyer cannot receive the Goods.

  1. Warranty and support for Goods.
    Limitations and forfeiture. Safety instructions

For Buyers the Vendor's warranty is strictly limited to the replacement or repair, at the sole discretion of the Vendor, of components of the Goods that have material or manufacturing defects and the Buyer thus waives all action for termination or reduction of the price.

The foregoing is in lieu of any other warranty express, implied or statutory, including the implied warranties or merchant ability and fitness for a particular purpose, all of which other warranties are hereby expressly disclaimed.

In no event shall the Vendor be liable to the Buyer for loss of profits, loss of use, or damages of any kind based upon a claim for breach of warranty.

Warranty applies for Goods that become defective or fail to meet the specifications during the warranty period, provided that the Vendor will not be liable under this warranty unless: (i) the Vendor is promptly notified in writing by the Buyer upon discovery of defects or failure to meet specification within the warranty period, (ii) the Vendor examination of such unit (including remote examination or testing) shall disclose, to its satisfaction, that such defects or failures have not been caused by misuse, neglect, improper installation, repair, alteration, or accident. Examination of Goods may take up to one month. After that, the Vendor provides the Buyer with the answer whether the Goods are subject to warranty or not and instructions in this regard.

If the Goods are subject to warranty and the Vendor decides to replace the Goods, a new unit will be sent by the Vendor within 1 month after the end of the examination free of charge. The time period within which the new unit will be received by the Buyer depends on the delivery service company. The type of delivery will be the same as the Buyer specified when they ordered initial Goods. The type of delivery can be improved by the Buyer for additional fees paid by the Buyer. Any additional custom taxes, duties, fees, imposts, tariffs, and charges that may be raised by particular countries or authorities related to the conclusion or execution of Buyer’s purchase order shall be borne by the Buyer. In the event Vendor is required to pay such charges to any authority, the Buyer shall indemnify and hold harmless Vendor for any such payments.

If the Goods are subject to warranty and the Vendor decides to return the money for the Goods (if replacement is not possible), the money will be sent by the Vendor within 1 month after the end of the examination. The time period within which the money will be credited to the Buyer’s account depends on the Buyer’s bank.

Upon the request of the Vendor, the defective unit shall be returned to the Vendor, transportation prepaid by the Buyer. In such case, the defective units shall be sent by the Buyer to the Vendor no later than four (4) weeks following the day of the Vendor’s request to return the defective Goods. The Buyer must pay themselves for delivery to the Vendor and arrange the shipping process in relation to the return of the Goods received by the Buyer. The Vendor shall not be obliged to compensate any costs and expenses that have been incurred due to such a shipping process.

If the Goods are subject to warranty and the Vendor decides to repair it, it may take up to 1 month. The warranty period will be extended for the period during which the repair was carried out by the Vendor.

At the sole discretion of the Vendor, it may provide other instructions in writing to the Buyer in such warranty case to follow.

The Goods are shipped with a manual containing instructions for their correct use and maintenance unless the specific of the product does not require such manuals. Additional instructions can be found at  tersus-gnss.store and must be read carefully by the Buyer, too. The warranty provided in this Section will be invalidated in the event of faults, failures, or deficiencies in the Goods that result from the use and/or maintenance that is improper and/or does not conform to the instructions in the manual.

If the Goods are directly installed by the Buyer or by third parties that are not authorized by the Vendor, the Vendor is not liable for damages arising from the incorrect installation of the Goods or installation which does not conform to indications in the user and installation manual or in any other document sent with the Goods or placed at tersus-gnss.store.

Warranty services only extend to the restoration of the functionality of the Goods, except where the Vendor, at its sole discretion, considers it more convenient to fully replace the Goods or return the money if replacement is not possible.

The Buyers should use the following contacts for warranty and quality issues: email at info@tersus-gnss.com .

  1. Vendor’s responsibility

The Vendor guarantees the conformity of the Goods to all the mandatory safety standards imposed by laws, provisions, and regulations in force in China.

The Vendor declines all liability for any damage to property and/or injury to persons arising from any use of the Goods that do not conform to the indications in the user manual, instructions, or any other document or notice attached to the Goods/published at tersus-gnss.store, as well as damage to property and/or injury to persons arising from the fulfillment of the delivery and/or other services provided by third parties, even if carried out by subcontractors of the Vendor (in such case third parties are liable for any damage in this regard). The Buyer or any other user is expressly asked to read the user manual of the Goods carefully before use, to ensure that it is used correctly, and to strictly comply with the safety regulations displayed.

The Vendor shall not be liable for any indirect damage caused by the Goods (including loss of profits or goodwill). Limitations on the liability of the Vendor do not apply: (a) in the event of the death of or harm to the person caused by gross negligence of the Vendor; (b) in the case of wilful misconduct or gross negligence by the Vendor; (c) in any other circumstance which, according to law, does not allow for limitations on liability.

The Buyer must carefully read the description of the Goods and ask additional questions (if any) before the purchase. The Vendor is not responsible for any discrepancy between the provided Goods and the Buyer's expectations and/or subjective evaluation. The mismatch of the Buyer’s expectations and/or negative subjective evaluation is not grounds to consider Goods as inappropriate or defective and not subject to warranty terms.

The Vendor does not oblige to pay for any of the costs or arrange any part of the shipping process in relation to the return of the Goods received by the Buyer, including cases subject to warranty.

In case of any disputes regarding the Goods or their quality, such Goods are subject to expert evaluation.

To the maximum extent permitted by applicable law, the aggregate liability of the Vendor and its affiliates, officers, employees, agents, suppliers, and licensors relating to the Goods will be limited to an amount of the purchase order, but in any way, the aggregate liability may not be greater than 500 (five hundred) dollars.

  1. Right of cancellation of Buyers

Money will be refunded by the Vendor and the purchase contract terminated if the Buyer cancels its purchase order during the first 2 hours after it was made. Such cancellation can be made by the Buyer for no reason. In other cases, the Buyer cannot cancel the purchase order or terminate the purchase agreement.

  1. Forces beyond the Vendor's control

The Vendor is not liable for failure to fulfill its obligations under these Terms and Conditions due to causes beyond its reasonable control (for example, acts of nature, acts or omissions of Buyer, operational disruptions, man-made or natural disasters, epidemic medical crises, materials or Goods shortages, strikes, criminal acts, delays in delivery or transportation, or inability to obtain labor, materials or Goods through regular sources).

  1. Applicable law. Competent Court

These Terms and Conditions are governed by the laws of China. The application of the 1980 United Nations Convention on Contracts for the International Sale of Goods is specifically excluded. In the event of any inconsistency between these Terms and Conditions and the applicable local laws, that cannot be excluded (for example, in case of regulation as know as “public order clauses”) compliance with the local laws prevails to the extent which is obligatory and cannot be excluded by these Terms and Conditions.

The Court of Arbitration of the China of Commerce shall have sole jurisdiction in respect of any dispute between the Buyer and the Vendor in relation to these Terms and Conditions or to any contract made between said parties.

  1. Communications

For more information, or to make a complaint, the Buyer may send an email to the following address: info@tersus-gnss.com .

  1. Miscellaneous

The Vendor may assign, transfer or otherwise dispose of its rights and obligations under the purchase contract with the Buyer, in whole or in part, at any time without notice to the Buyer. The Buyer may not assign the purchase contract or transfer any rights hereunder.

If any part of these Terms and Conditions is or becomes legally invalid or ineffective, the validity of the other provisions shall not be affected thereby. In this case, the invalid or ineffective provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid or ineffective provision.

The Vendor reserves the right to amend these Terms and Conditions at any time, effective upon posting of an updated version of these Terms and Conditions on the Tersus.com website. Changes shall apply to new purchase contracts only concluded after such changes.

 

Terms and Conditions for Online Service and Apps

Last updated: December, 2023

  1. Introduction

These terms and conditions (hereinafter - “Terms and Conditions”) govern all use of apps and related online services between Tersus Gnss Inc., which has its registered address at No.666 Zhangheng Road, Pudong Shanghai 201203, PR China, (hereinafter the “Tersus”) and the user of the apps and related online services provided by Tersus (hereinafter the “User”).

On the Google Play Store or Apple Store, the User or its representative can download and/or use the ReachView app or other Tersus’s app (hereinafter collectively - “App”). The App is a mobile Software-as-a-Service (SaaS) solution, that helps users to navigate the goods sold by Tersus (hereinafter – “Goods”) and to capture data. App operates on a smartphone or tablet of the User, which downloads the App.

The App may provide the opportunity for registration in the App, the registered User remains registered until the registered User decides to unregister in the App.

The App gives the Users access to the services, which help to work with the Goods (hereinafter – “Service”). Access to the Service requires the use of a compatible Tersus’s product or a device for accessing the mobile or landline network (tablet, smartphone, PC, Tersus’s Goods connected to the Internet, etc.). The Service and the App can only be used with compatible Goods.

The App used to deliver the Services remotely will be managed in accordance with the Privacy Policy, which can be accessed here . It will be submitted to the User for acceptance, upon first access of the App activated by the User.

The Service allows access to Tersus’s content in the App or to content, services, and subscription plans offered by third parties in addition to Tersus’s content. Certain subscription plans, or access to third-party content, may involve conditions or limitations. These will be made known at the time of activation, or through another form of communication. Tersus does not have any control over those non-Tersus software, apps, content, products, or services and is not responsible for their contents or their use. By using non-Tersus software, apps, content, products, or services, Tersus does not represent or imply that it endorses such software, apps, content, products, or services. The User is responsible for taking precautions as necessary to protect themselves and their computer systems from viruses, worms, Trojan horses, and other harmful or destructive content or products. Tersus disclaims any responsibility for any harm, damages, or other liability resulting from their use of non-Tersus software, apps, content, products, or services.

  1. Suspension​/​Interruption​/​Amendments

Access to the Service and App may be temporarily suspended, including without prior warning, if any system errors are detected, urgent assistance or maintenance work is required, or for any other reasons beyond Tersus’s reasonable control. Tersus also reserves the right to interrupt access to the Service and App at any time, including without prior warning, if these Terms and Conditions and/or the conditions for the provision of the Service are breached. Nevertheless, Tersus shall be released from all liability for any damage or loss, including loss of data, resulting from this suspension or interruption of Service or access to the App.

Tersus shall make reasonable efforts to ensure that the information published in the App and/or provided as part of the Service is correct; although Tersus cannot make any guarantees that this information is accurate and complete. Tersus may change the content or the descriptions of products and/or the Service and/or the features available and any other aspect of the App and/or Service at any time, including without prior warning. Tersus shall not accept any obligations or commitments to update the content and material published on the App or provided as part of the Service.

  1. User’s responsibility

All Users are responsible for activating and maintaining all the agreements and services that enable access to the App and/or Service. All Users accept all obligations and responsibilities for any adaptation of their hardware, software, or other equipment, or for the repair, maintenance, or correction of this equipment necessary to use the features of the Service provided by Tersus.

  1. Password and access to the account

The registered User has control of and access to their data and the devices compatible with Goods used to access such data and is responsible for all the activities carried out on the account. Each registration in the App and Service is only valid for one registered User. Some functions of the App and Service are available without registration of the account. In this case, the User is also responsible for all the activities carried out by the User. To maintain control of the account and prevent anyone else from accessing it (or from accessing personal or sensitive data), the account holder must keep control of Tersus-compatible devices used to access the Service, and must not disclose the password to anyone else, nor the details of the payment method associated with the account. It is the responsibility of the registered and unregistered Users to update the information supplied in relation to the Service and App, and to make sure that the details are up-to-date and accurate. Tersus will not be liable for any acts or omissions by User, including any damages of any kind incurred as a result of such acts or omissions. Tersus may close or suspend access to the Service in order to protect the registered or unregistered User, Tersus, its partners, or any third party from identity theft or other fraudulent activity.

  1. Price and methods of payment

Basic functions of the Service and App are provided free of charge. At the same time, Tersus may establish a fee for the additional options in the course of using Service or App (hereinafter “paid options”). In such case, the User may either do not buy additional options and use the basic functions only OR agree, pay the established by Tersus fees, and receive access to such paid options (hereinafter “paid subscription”).

On activating the paid subscription, the User must indicate one or more “methods of payment”. “Method of payment” means a valid method of payment that is accepted in the App. The method of payment may be modified during the course of the paid subscription. Unless the User terminates the paid subscription before expiry, Tersus is authorized to debit the paid subscription charge for the following month, using the chosen payment method. The available methods of payment may also be updated according to the data and instructions of the payment services providers. Following each update, Tersus is authorized to utilize the available payment methods to debit the paid subscription charge, and the User remains responsible for any unpaid charges. If a debit is unsuccessful, for example, due to lack of funds or for any other reason, and if the subscription is not properly terminated, access to the paid options of the Service may be blocked until such time as the debit is successfully completed using a valid payment method. The issuer may charge a commission, for certain payment methods. The taxes levied may vary, depending on the payment method used. For more details, check with the provider of the chosen payment service.

The paid subscription charge for accessing the paid options of the Service and any other costs relating to the use of the paid options of the Service, for example, taxes or commission will be charged monthly, via the chosen payment method, on the day corresponding to the start of the payment period or on the day immediately following, if there is no corresponding day at the time of renewal.

Any paid subscription may be terminated at any time. Where permitted by law, payments may not be refunded and no reimbursements or credits will be granted in respect of partial use of paid options of the Service, or unused paid options. To view the details of their subscription or to terminate it, the User must visit the personal billing area of their account.

Tersus may vary the paid subscription plans or paid subscription prices; however, any changes will only take effect after at least 30 days’ notice has been given. Notification will be sent to the email registered for the account.

  1. Conditions and restrictions on use

To use the App and Service, the User must have reached the age of legal majority.

The App only gives a limited right of access to the Service which is non-exclusive and non-transferable. Except for the foregoing, no other right, title, or interest is transferred by virtue of these Terms and Conditions.

Usage of the Service and App, including all the associated functions and functionalities, is only permitted in accordance with the applicable laws, regulations, and standards and with any other limitation on the use of the service or content. The content and any material purchased or used through the Service and/or with the App may not be kept, reproduced, distributed, modified, exhibited, published, granted under license, or utilized to generate derived works to be offered for sale or otherwise utilized. The protections on the App may not be evaded, removed, altered, deactivated, impaired, or blocked; the use of robots, spiders, scrapers, or other automated tools to access the Service and/or the related service is prohibited; the decompilation, reverse engineering or de-assembly of any software or other product/work/process accessible through the service that makes the Service available, is prohibited; the insertion of any code or product or manipulation of the App or the utilization of any data mining method, data harvesting or extraction method, is prohibited.

All users are strictly prohibited from uploading, posting, sending by email, or otherwise transmitting any material that is designed to interrupt, destroy or limit the functionality of any software, hardware, or telecommunications terminal associated with the App and/or to the Service, including viruses and any other code, file or program. Tersus may limit or interrupt the use of the Service in the event that these Terms and Conditions are breached, or if the service is used illegally or fraudulently.

The quality of the Service may be influenced by a series of factors such as geographical location, available bandwidth, or Internet connection speed. All costs of accessing the Internet will be payable by the User. Users are asked to check with their Internet service provider, regarding the amount debited for the consumption of data. The time required to start viewing the Service may vary depending on a series of factors, including geographical location, available bandwidth, and the selected content.

The software used to provide the Service has been developed by or on behalf of Tersus and is designed to allow the Service to be viewed on compatible devices by the App. The software may vary depending on the device, and the functionality or functions may be different, depending on the device. It is also possible that the use of the Service requires the use of third-party software which is subject to license conditions stipulated by third parties. The User shall always check whether the User’s device is compatible with the App. However, even in this case App due to some specific technical aspects may not work properly and Tersus shall not be liable for such cases.

When receiving access to the Service, the User agrees to automatically receive updates of the software of Tersus and of third parties.

Personal data is processed in accordance with the Privacy Policy of Tersus,.

  1. Discontinuation of Services

Tersus has the right to discontinue any Service (or associated material functionality) at any time after prior notification. In this case, Tersus shall notify the User about this at least 1 month before discontinuing any Service (or associated material functionality) unless Tersus replaces such discontinued Service or functionality with a materially similar Service or functionality. Nothing in this Section (Discontinuation of Services) limits Tersus's ability to make changes required to comply with applicable law, address a material security risk, or avoid a substantial economic or material technical burden. Tersus Gnss Inc. shall be released from all liability for any damage or loss, including loss of data, resulting from such discontinuation of Services.

  1. Intellectual property rights and licensing conditions

Unless specified otherwise under these Terms and Conditions or under certain conditions of the specific Service accessed by the User, all copyrights and any other intellectual property or industrial rights or any other rights in any of the content or aspects of the App and/or Service belong to Tersus or/and to its licensors. These works are protected by national and international copyright law and by existing international treaties. All rights over these works are expressly reserved. Any use is prohibited of the content of the App and/or Service which has not been expressly granted by these Terms and Conditions or by a specific purchase order of the Service. If any of these Terms and Conditions are breached, Tersus reserves the right to ban the use of the App and Service and to request the immediate return or destruction of any material printed or downloaded from the App or as a result of using Service.

Subject to compliance with these Terms and Conditions and with any conditions for the provision of the Service, Users may print or download certain extracts from the App strictly for personal use, provided that:

  • no documents or graphics are altered in any way;
  • no illustrations, photographs, videos, audio clips, or any other graphics are used separately from the reference text;
  • the copyright declaration (copyright © Tersus) and the trademark declarations (® or ™) are attached to every copy made.

Notwithstanding the above, no part of the contents of the App or Service may be reproduced or archived at any other website or included in any other information archiving and search system or service system, without prior written consent from Tersus.

Tersus name, Tersus logo, and any other Tersus’s logo and product or service name are or may be trademarks owned by Tersus (“Tersus Trademarks”) or by third parties. Using or displaying Tersus Trademarks without Tersus’s prior written consent is prohibited.

No property rights or any other owned or licensed rights are granted over extracts or any other material taken from the App or Service. With the sole exception of the above, all rights are reserved.

Any use of the Service or App other than that permitted under these Terms and Conditions or the relative conditions for the provision of the Service, without prior written authorization, is expressly prohibited and shall result in the withdrawal of any licenses granted according to these Terms and Conditions. Such unauthorized use could also breach any applicable laws including, by way of example, copyright laws, trademark protection laws, and other legislation on the communication or protection of personal data. Tersus reserves the right to suspend the accounts of Users who are believed to have breached applicable laws or regulations. Without prejudice to the express provisions of these Terms and Conditions or the conditions for the provision of the Service, under no circumstances should it be understood that licenses for intellectual property rights have been implicitly or conclusively granted. All licenses may be withdrawn at any time and on any grounds.

  1. Liability restrictions

The software used in the App and related to the Service is provided by Tersus and contributors “as is” and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall Tersus or contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage. To the maximum extent permitted by applicable law, the aggregate liability of Tersus and its affiliates, officers, employees, agents, suppliers, and licensors relating to the Service will be limited to an amount of the ordered Service, but in any way, the aggregate liability may not be greater than 500 (five hundred) dollars. The limitations and exclusions also apply if this remedy does not fully compensate the User for any losses or fails of its essential purpose.

  1. Online communications

All information about the User’s account (such as payment authorizations, invoices, password changes, changes of payment method, confirmations, or notifications) will only be sent in electronic format, to the email address used at the time of registration on the account. Tersus will take reasonable security measures to protect the User’s personal information during transmission. However, please note that no transmission method over the internet is entirely secure. Therefore, Tersus cannot guarantee the absolute security of the User’s information during transmission.

  1. Amendments to conditions of use

Tersus may vary these Terms and Conditions. Tersus reserves the right to modify these Terms and Conditions or its terms relating to the Service or Apps at any time, effective upon posting of an updated version of these Terms and Conditions on the website.

  1. Forces beyond Tersus's control

Tersus is not liable for failure to fulfill its obligations under these Terms and Conditions due to causes beyond its reasonable control (for example, acts of nature, acts or omissions of User, operational disruptions, man-made or natural disasters, epidemic medical crises, materials, or goods shortages, strikes, criminal acts, delays in delivery or transportation, or inability to obtain labor, materials or goods through regular sources).

  1. Applicable law. Competent Court

The formation, interpretation, and performance of these Terms and Conditions and any disputes arising out of it shall be governed by the substantive and procedural laws of England and Wales without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of England and Wales. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Budapest, Hungary, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to these Terms and Conditions.

  1. Communications

For more information, or to make a complaint, the User may send an email to the following address: info@tersus-gnss.com .

  1. Miscellaneous

Tersus may assign, transfer or otherwise dispose of its rights and obligations under these Terms and Conditions, in whole or in part, at any time without notice to you. The User may not assign or transfer any rights hereunder.

If any part of these Terms and Conditions is or becomes legally invalid or ineffective, the validity of the other provisions shall not be affected thereby. In this case, the invalid or ineffective provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid or ineffective provision.

If you wish to terminate these Terms and Conditions or your account (if you have one), you may simply discontinue using the App and Service and delete your account. All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Tersus Caster Terms of Service

Last updated: December, 2023

  1. General provisions

The following terms and conditions (the “Terms of Service”) govern all use of the Caster Cloud Service and all content and services available at or through the Caster Cloud Service and related to its services and products (taken together, the “Services”) on the Tersus’s website caster.Tersus.com (the “Platform”). The Services are owned and operated by Tersus Gnss Inc., which has its registered address at No.666 Zhangheng Road, Pudong Shanghai, PR China, (hereinafter the “Tersus”, "we", "us" or "our").

The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Tersus’s websites.

These Terms of Service are legally binding between you ("User", "you" or "your") and Tersus. By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of these Terms of Service. If you are entering into these Terms of Service on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms of Service, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of these Terms of Service, you must not accept these Terms of Service and may not access and use the Services. You acknowledge that these Terms of Service are a contract between you and Tersus, even though it is electronic and is not physically signed by you, and it governs your use of the Services.

The Services may be temporarily partially or completely unavailable due to maintenance or other work or for any other technical reasons. Tersus’s technical service has the right to periodically carry out necessary preventive or other work with or without prior notice to Users.

You must be at least 18 years of age to use the Services unless otherwise is permitted by applicable local legislation. By using the Services and by agreeing to these, unless otherwise is permitted by applicable local legislation you warrant and represent that you are at least 18 years of age or age which is permitted by applicable local legislation.

The essence of the Services is data exchange between different User’s devices and access to data from different devices. All this data is required for the Services to function and for us to improve and administer its work. Once you agree and want to use our Services, you allow us to process data and other information according to these Terms of Service and Privacy Policy. The legal ground for data processing is these Terms of Service under which you use the Services.

  1. Your Tersus.com account (“Account”)

If you create the Account, you are responsible for maintaining the security of your Account and you are fully responsible for all activities that occur under the Account and content you upload. To maintain control of the Account and prevent anyone else from accessing it (or from accessing personal or sensitive data), the account holder must keep control of the to access the Service, and must not disclose the password to anyone else, nor the details of the payment method (if applicable) associated with the Account. You must immediately notify Tersus of any unauthorized uses of your account or any other breaches of security. Tersus will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Each registration to the Services is only valid for one registered User. It is the responsibility of the registered User to update the information supplied in relation to the Services and to make sure that the details are up-to-date and accurate. Tersus may close or suspend access to the Account in order to protect the registered User, Tersus, its partners, or any third party from identity theft or other fraudulent activity.

  1. Price and methods of payment

Basic functions of the Services are provided free of charge on the Platform. At the same time, Tersus may establish a fee for the additional options in the course of using Services (hereinafter “paid options”). In such case, you may either do not buy additional options and use the basic functions only OR agree, pay the established by the Tersus fees, and receive access to such paid options (hereinafter “paid subscription”).

On activating the paid subscription, you must indicate one or more “methods of payment”. “Method of payment” means a valid method of payment that is accepted on the Platform. The method of payment may be modified during the course of the paid subscription. Unless you terminate the paid subscription before expiry, Tersus is authorized to debit the paid subscription charge for the following month, using the chosen payment method. The available methods of payment may also be updated according to the data and instructions of the payment services providers. Following each update, Tersus is authorized to utilize the available payment methods to debit the paid subscription charge, and you remain responsible for any unpaid charges. If a debit is unsuccessful, for example, due to the lack of funds or for any other reason, and if the subscription is not properly terminated, access to the paid options of the Services may be blocked until such time as the debit is successfully completed using a valid payment method. The issuer may charge a commission, for certain payment methods. The taxes levied may vary, depending on the payment method used. For more details, check with the provider of the chosen payment service.

The paid subscription charge for accessing the paid options of the Services and any other costs relating to the use of the paid options of the Services, for example, taxes or commission will be charged monthly, via the chosen payment method, on the day corresponding to the start of the payment period or on the day immediately following, if there is no corresponding day at the time of renewal.

Any paid subscription may be terminated at any time. Where permitted by law, payments may not be refunded and no reimbursements or credits will be granted in respect of partial use of paid options of the Services, or unused paid options. To view the details of your subscription or to terminate it, visit the personal billing area of your account.

Tersus may vary the paid subscription plans or paid subscription prices; however, any changes will only take effect after at least 30 days’ notice has been given. Notification will be sent to the email registered for the Account.

  1. Suspension​/​Interruption​/​Amendments

Access to the Services may be temporarily suspended, including without prior warning, if any system errors are detected, urgent assistance or maintenance work is required, or for any other reasons beyond Tersus’s reasonable control. Tersus also reserves the right to interrupt access to the Services at any time, including without prior warning, if these Terms of Service and/or the conditions for the access to the Services are breached. Nevertheless, Tersus shall be released from all liability for any damage or loss, including loss of data, resulting from this suspension or interruption of access to the Services.

Tersus shall make reasonable efforts to ensure that the information published on the Platform related to the Services is correct; although Tersus cannot make any guarantees that this information is accurate and complete. Tersus may change the content on the Platform and/or the features available and any other aspect of the Services at any time, including without prior warning. Tersus shall not accept any obligations or commitments to update the content and material published on the Platform.

  1. Discontinuation of Services

Tersus has the right to discontinue any Services (or associated material functionality) at any time after prior notification. In this case, Tersus shall notify the User about this at least 1 month before discontinuing any Services (or associated material functionality) unless Tersus replaces such discontinued Services or functionality with a materially similar Services or functionality. Nothing in this Section (Discontinuation of Services) limits Tersus's ability to make changes required to comply with applicable law, address a material security risk, or avoid a substantial economic or material technical burden. Tersus shall be released from all liability for any damage or loss, including loss of data, resulting from this discontinuation of Services.

  1. User’s responsibility

Tersus does not own any data, information, or material (collectively, "User’s Content") that you submit on the Platform or otherwise in the course of using Services. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted User’s Content. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any User’s Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.

By uploading, submitting, or transferring the User’s Content in the course of using Services, you represent and warrant that:

  • uploading, copying, and use of the User’s Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to upload the User’s Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the User’s Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the User’s Content does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive content;
  • the User’s Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the User’s Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
  • your User’s Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and websites, and similar unsolicited promotional methods;
  • your User’s Content is in compliance with all the applicable laws, regulations and standards and does not contain anything illegal;
  • your User’s Content is not named in a manner that misleads your readers into thinking that you are another person or company; and
  • you have, in the case of User’s Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Tersus or otherwise.

You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty.

You agree to indemnify and hold Tersus and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your User’s Content, your use of the Services or any willful misconduct on your part.

  1. Unsolicited Ideas

Tersus or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products, services or technologies, product or service enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“submissions”) in any form to Tersus or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Tersus’s products or marketing strategies might seem similar to ideas submitted to Tersus. If, despite our request that you not send us your ideas, you still submit them, the following terms shall apply to your submissions.

You agree that:

  1. your submissions and their contents will automatically become the property of Tersus, without any compensation to you;
  2. Tersus may use or redistribute the submissions and their contents for any purpose and in any way;
  3. there is no obligation for Tersus to review the submission; and
  4. there is no obligation to keep any submissions confidential.

Tersus does, however, welcome your feedback regarding Tersus’s products and services. If you wish to send us your feedback, please provide only specific feedback on Tersus’s existing products, services or marketing strategies; do not include any ideas that Tersus’s policy will not permit it to accept or consider.

Any feedback you provide at this site shall be deemed to be non-confidential. Tersus shall be free to use such information on an unrestricted basis.

  1. Conditions and restrictions on use

The Platform only gives a limited right of access to the Services and license is non-exclusive and non-transferable. Except for the foregoing, no other right, title or interest is transferred by virtue of these Terms of Service.

Usage of the Services, including all the associated functions and functionalities, is only permitted in accordance with the applicable laws, regulations and standards, and with any other limitation on the use of the service or content. The content and any material purchased or used through the Services may not be kept, reproduced, distributed, modified, exhibited, published, granted under licence or utilised to generate derived works to be offered for sale or otherwise utilised. The protections on the Platform may not be evaded, removed, altered, deactivated, impaired or blocked; the use of robots, spiders, scrapers or other automated tools to access the Services and/or the related service is prohibited; the decompilation, reverse engineering or de-assembly of any software or other product/work/process accessible through the service that makes the Platform or Services available, is prohibited; the insertion of any code or product or manipulation with the Platform or Services or the utilisation of any data mining method, data harvesting or extraction method, is prohibited.

All Users are strictly prohibited from uploading, posting, sending by email or otherwise transmitting any material that is designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications terminal associated with the Services or Platform, including viruses and any other code, file or program. Tersus may limit or interrupt the use of the Services in the event that these Terms of Service are breached, or if the Services are used illegally or fraudulently.

The quality of the Services and Platform may be influenced by a series of factors such as geographical location, available bandwidth, or Internet connection speed. All costs of accessing the Internet will be payable by the User. Users are asked to check with their Internet service provider, regarding the amount debited for the consumption of data. The time required to start viewing the Platform may vary depending on a series of factors, including geographical location, available bandwidth and the selected content.

The software used to provide the access to the Services and Platform has been developed by or on behalf of Tersus and is designed to allow the Services to be viewed on compatible devices. The software may vary depending on the device, and the functionality or functions may be different, depending on the device. It is also possible that the use of the Services and Platform requires the use of third-party software which is subject to licence conditions stipulated by third parties. The User must always check the technical requirements prior to receiving access to the Services that the Services will be worked properly with compatible devices, hardware and software. Even if technical requirements are in compliance with User’s devices, hardware and software, Tersus does not guarantee that Services and Platform will always work properly, because there are a lot of technical aspects of the User’s devices, hardware and software that may prevent to receive Services correctly and in this case Tersus does not bear any responsibility.

When receiving access to the Services the User agrees to automatically receive updates of the software of Tersus and of third parties.

  1. Content posted in other websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the Services and Platform to which the Platform links, and that link to Platform. Tersus does not have any control over those non-Platform websites and webpages, and is not responsible for their contents or their use. By linking to a non-Platform website or webpage, Tersus does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Tersus disclaims any responsibility for any harm resulting from your use of non-Platform websites and webpages.

  1. Intellectual property rights
    and licensing conditions

Unless specified otherwise under these Terms of Service or under certain conditions of the specific section of the Services accessed by the User, all copyrights and any other intellectual property or industrial rights or any other rights in any of the content or aspects of the Services and Platform belong to Tersus or/and to its licensors. These works are protected by national and international copyright law and by existing international treaties. All rights over these works are expressly reserved. Any use is prohibited of the content of the Services and Platform which has not been expressly granted by these Terms of Service. If any of these Terms of Service are breached, Tersus reserves the right to ban the use of the Services and Platform and to request the immediate return or destruction of any material printed or downloaded from the Platform or as a result of using Services and Platform.

Subject to compliance with these Terms of Service and with any conditions for the provision of the access to the Services, Users may print or download certain extracts from the Platform strictly for personal use, provided that:

  • no documents or graphics are altered in any way;
  • no illustrations, photographs, videos, audio clips or any other graphics are used separately from the reference text;
  • the copyright declaration (copyright© Tersus) and the trademark declarations (® or ™) are attached to every copy made.

Notwithstanding the above, no part of the contents of the Platform may be reproduced or archived at any other website or included in any other information archiving and search system or service system, without prior written consent from Tersus.

Tersus name, Tersus logo, and any other Tersus’s logo and product or service name are or may be trademarks owned by Tersus (“Tersus Trademarks”) or by third parties. Using or displaying Tersus Trademarks without Tersus’s prior written consent is prohibited.

No property rights or any other owned or licensed rights are granted over extracts or any other material taken from the Services. With the sole exception of the above, all rights are reserved.

Any use of the Services and Platform other than that permitted under these Terms of Service, without prior written authorization, is expressly prohibited and shall result in the withdrawal of any licenses granted according to these Terms of Service. This unauthorized use could also breach any applicable laws including, by way of example, copyright laws, trademark protection laws, and other legislation on the communication or protection of personal data. We reserve the right to suspend the accounts and access of Users who we believe have breached applicable laws or regulations. Without prejudice to the express provisions of these Terms of Service or the conditions for the provision of the access to the Services and Platform, under no circumstances should it be understood that licenses for intellectual property rights have been implicitly or conclusively granted. All licenses may be withdrawn at any time and on any grounds.

  1. Liability restrictions

The software used on the Platform and/or related to the Services is provided by Tersus and contributors “as is” and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. Neither Tersus nor its suppliers and licensors make any warranty that the Services and/or Platform will be error-free or that cess thereto will be continuous or uninterrupted.

To the fullest extent permitted by applicable law, in no event shall Tersus (including its affiliates, directors, officers, employees, agents, suppliers, and licensors) or contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software and Services and/or Platform, even if advised of the possibility of such damage. To the maximum extent permitted by applicable law, the aggregate liability of Tersus and its affiliates, officers, employees, agents, suppliers, and licensors relating to the Services and/or Platform will be limited to an amount of the ordered Services (paid options), but in any way, the aggregate liability may not be greater than 500(five hundred) dollars. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

  1. Online communications

All information about the User’s Account and Services will only be sent in electronic format, to the email address used at the time of registration on the account.

  1. Amendments to conditions of use

Tersus may vary these Terms of Service. We reserve the right to modify these Terms of Service or its terms relating to the Services at any time, effective upon posting of an updated version of these Terms of Service on the Platform.

  1. Forces beyond Tersus's control

Tersus is not liable for failure to fulfill its obligations under these Terms of Service due to causes beyond its reasonable control (for example, acts of nature, acts or omissions of User, operational disruptions, man-made or natural disasters, epidemic medical crises, materials or goods shortages, strikes, criminal acts, delays in delivery or transportation, or inability to obtain labor, materials or goods through regular sources).

  1. Termination

The User may stop using the Services at any time. The User may terminate these Terms of Service at any time by deleting the Account. In this case, all information linked to this Account will be deleted by Tersus and cannot be recovered.

If the Terms of Service are terminated, then all rights and access to the Services will terminate (including access to User’s data and content, if applicable), unless otherwise described in these Terms of Service. The User shall take into account consequences related to the paid subscription in case of termination (see Section ”Price and methods of payment”). All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

  1. Applicable law. Competent Court

The formation, interpretation, and performance of these Terms of Service and any disputes arising out of it shall be governed by the substantive and procedural laws of England and Wales without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of England and Wales. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Budapest, Hungary, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to these Terms of Service.

  1. Communications

For more information, or to make a complaint, the User may send an email to the following address:info@tersus-gnss.com

  1. Miscellaneous

Tersus may assign, transfer or otherwise dispose of its rights and obligations under these Terms of Service, in whole or in part, at any time without notice to you. The User may not assign or transfer any rights hereunder.

If any part of these Terms of Service is or becomes legally invalid or ineffective, the validity of the other provisions shall not be affected thereby. In this case, the invalid or ineffective provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid or ineffective provision.