Terms of Service

1. Terms

Welcome to Tenscope. Please read these terms of service (these "Terms") carefully as they form a contract between you and Tenscope Services Ltd. ("Tenscope", "we", "us", or "our") under the brand name of Tenscope which governs your access and use of (i) any services, tasks, projects, deliverables or products provided by Tenscope; (ii) the Tenscope websites or applications; and (iii) any written or electronic use or features or other documentation provided or made available by Tenscope through the website located at www.tenscope.co (the “Site”) and all related subdomains, social media pages, and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto (together and individually the "Service(s)"). If these Terms are considered an offer, acceptance is expressly limited to these Terms.

The Services are offered and available to users and guests who are 18 years of age or older. By using them, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

By registering, acquiring, using, or requesting the use of any of the Services you acknowledge that you have read, understood, and agree to be bound by these Terms and all amendments and/or changes made from time to time, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you are using the Services on behalf of an organisation, you are agreeing to these Terms for that organisation and represent and warrant that you have the authority to legally bind that organisation to these Terms (in which event, "you" and "your" will refer to that organisation) unless that organisation has a separate paid contract in effect with us, in which event the terms of that contract will govern your use of the Service. You are responsible for ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them. You may use the Services only in compliance with these Terms and only if you have the power to form a contract with Tenscope and are not barred under any applicable laws from doing so.

This Site is controlled and operated by us from our offices in the United Kingdom. We make no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where its contents are illegal is prohibited. Those who choose to access this site from locations outside the United Kingdom are responsible for compliance with all applicable local and regional laws, including intellectual property laws.

These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to be bound by these terms, you must not access or use the services.

We may update these Terms from time to time. By continuing to use this Site and the Services after the update, you accept the update in its entirety. All updates are effective upon posting. We encourage you to check these Terms from time to time, so you are aware of any updates.

3.  Confidentiality

For purposes of these Terms, the term “Confidential Information” means non-public or proprietary information, including, without limitation, information relating to current or future business, products and services, research, images, development, design details and specifications, and marketing plans.  

During the course of our relationship, you may disclose to us your Confidential Information.  We agree to hold in confidence and not disclose to any third party any of your Confidential Information, except as approved or directed in writing by you, and will use your Confidential Information for no purpose other than for the Services.  We will limit access to your Confidential Information to only those employees, officers, directors, contractors, representative and agents who are involved in providing Services to you.  We will be responsible to you for any breach of this provision by our employees, officers, directors, contractors, representative and agents.  

During the course of our relationship, we may similarly disclose to you our Confidential Information.  You agree to hold in confidence and not disclose to any third party any of our Confidential Information, except as approved or directed in writing by us, and will use our Confidential Information for no purpose, except as permitted by these Terms.  You will limit access to our Confidential Information to only those employees, officers, directors, contractors, representative and agents to whom it is necessary to disclose our Confidential Information.  You will be responsible to you for any breach of this provision by your employees, officers, directors, contractors, representative and agents.  

Notwithstanding anything to the contrary in these Terms, the following is not Confidential Information: (a) information which was in the public domain at the time of its disclosure or has entered the public domain without breach of these Terms; (b) information which was already in the rightful possession of a party at the time of disclosure; (c) information which is independently developed by a party without breaching these Terms; or (d) information which becomes known to a party, without restriction, from a third party source not directly or indirectly involving a breach of these Terms.  

The confidentiality obligations under these Terms will survive for five years after the termination of these Terms.

4.  Intellectual property rights

Modify or copy the materials.

Use the materials for any commercial purpose, or for any public display (commercial or non-commercial).

Remove any copyright or other proprietary notations from the materials.

Transfer the materials to another person or “mirror” the materials on any other server.

This permission shall automatically terminate if you violate any of these restrictions and may be terminated by Tenscope at any time.  Upon termination of your permission, you must destroy any downloaded materials in your possession whether in electronic or printed format.  We reserve the right to terminate your account at any time for any reason, however under such cases you will be refunded for any days left under your subscription.

You will provide all copy to be used in your designs (“Customer Data”).  You agree that any materials you provide to us, including text, digital files, and any other information provided, are proofed and approved to be used in your designs and are not owned or trademarked by a different entity.  You are responsible that any materials provided can be legally used in your designs.  We are not liable for the materials you provide as it pertains to licence or trademark issues and you represent to us that all materials provided do not infringe on the intellectual property rights of third parties.  You grant us a worldwide, royalty free, non-exclusive license to access and use Customer Data to provide the Services.  You are fully responsible for reviewing and approving all output which we provide you before using the output for any reason.

Legal title into the work product will transfer from us to you only if you are current on all payments due to us, subject to the full performance of all other obligations by you.  Until all payment and performance occur, we shall retain all rights and legal title and each and every other right, at law or in equity, with respect to the work product.  In the event of a refund, all rights and legal title to the work product the refund is for will be transferred back from you to us.

Tenscope will own and retain all rights, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications, (b) any software, applications, inventions or other technology developed in connection with Services or support, and (c) all related intellectual property rights.

In the course of providing the Services, we may use certain pre-existing materials.  We and our licensors are, and will remain, the sole and exclusive owners of all right, title, and interest in and to any pre-existing materials.  We grant you a perpetual, limited, royalty-free, non-transferable, non-sublicensable, worldwide license to use, display, and distribute any pre-existing materials to the extent incorporated in, combined with, or otherwise necessary for the use of the Services or Deliverables.  We expressly reserve all other rights in and to such pre-existing materials.

Notwithstanding anything to the contrary, we shall have the right collect and analyse data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and we will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Tenscope offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.  No rights or licences are granted except as expressly set forth herein.   You will own all rights to the Customer Data, as well as any data, product, output and deliverable which is based on or derived from the Customer Data and provided to you as part of the Services during any month paid in full (collectively, "Deliverables"), including all rights of paternity, integrity, disclosure and withdrawal and any other rights which may be known as “moral rights”, and any and all intellectual property rights arising therefrom.  You will be provided with all files related to your finished project, including source, working, and editable files and output files.  All Deliverables shall constitute a “work made for hire” as such term is defined in 17 U.S.C. § 101, made solely for your benefit.  We agree that you shall not be subject to any restrictions relating to the Deliverables under these Terms.

You hereby grant us a limited, non-exclusive, non-sublicensable, royalty-free worldwide licence to use, publish, and display any deliverables which we develop in connection with the Services for the purpose of marketing and advertising (the “Portfolio Licence”).  You may revoke the Portfolio Rights License at any time by sending written notice to support@tenscope.co.  If you revoke the Portfolio Licence, we will stop using your deliverables for marketing and advertising purposes, however your deliverables may continue to exist elsewhere online such as where the deliverables have been used by others in accordance with the Portfolio Licence.

You acknowledge and agree that any questions, comments, suggestions or other feedback or submission (each a “Submission”) shall be the sole property of Tenscope and we are under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission.  We shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to you under the Ownership of Materials clause above, and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment or compensation of or to you. You agree that you have the right to articulate and put forth the Submission and you hereby waive all claims and recourse against us for use of the Submission in accordance with the Terms hereof and in its sole discretion hereafter.

You otherwise agree to reasonably cooperate with us to serve as a reference account upon request.

Tenscope, the Services, and their entire contents, features and functionality (including but not limited to all information, software, text, displays, featured images, video and audio, and the design, selection and arrangement of the above), are owned by Tenscope, its suppliers, or its licensors, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

The company name, the term “Tenscope” and all related names, logos, product and service names, designs and slogans are trademarks of the company or its affiliates or licensors.  You must not use such marks without the prior written permission from Tenscope.  All other names, logos, product and service names, designs and slogans on Tenscope are the trademarks of their respective owners, where applicable.  The material provided on this Site is protected by law, including without limitation, United States Copyright law.

The copyright in all material provided on this Site is held by Tenscope.  Except as expressly permitted by Tenscope, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Tenscope or the copyright owner.

Permission is granted to you to download and use the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials.

You may not:

5.  Communication

We may provide you with use of email and chat support services, instant messaging services, chat areas, calendars, or other means of messaging designed to enable you to communicate with us, our designers and other parties, such as project managers (“Communication Services”).  You hereby consent to the following communications from us:

Telephone calls, text messages, and / or email from us regarding the Services, and

Information about our upcoming Services.

In addition, you agree that you will not:

Use the Communication Services to conduct surveys, contests, pyramid schemes, chain letters, spam email, or any unsolicited messages (commercial or otherwise).

Defame, abuse, harass, threaten, or otherwise violate the legal rights of others.

Upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material, virus or information.

Upload, or otherwise make available, files that contain images, photographs, service or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.

Falsify or delete any proprietary rights notices, such as author attributions, legal or other proper notices or labels of the origin of source of service that is uploaded.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Create a false identity for the purpose of misleading us or others.

We have no obligation to monitor the Communication Services but reserve the right to review materials posted to the Communication Services and to remove or censor any material at our sole discretion.  You hereby consent to receive electronic communications from us and agree that all agreements, notices, disclosures and other communications sent via the Communication Services satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by us or through the Site.  You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.

All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognised overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

You are solely responsible for all data transmitted to or which relates to any activity you have undertaken using the Site.  We shall have no liability to you for any loss or corruption of any such data and you hereby waive any right of action against us from any such loss or corruption.

You grant us a perpetual, irrevocable, worldwide, nonexclusive, transferable, sublicensable right and license to commercially exploit in any manner any feedback, suggestions or recommendations that you provide to us.

You may link to the Site, provided you do so in a way which is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

You may use the above features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

Establish a link from any website which is not owned by you,

Cause Tenscope or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site, nor

Otherwise take any action with respect to the materials on Tenscope that is inconsistent with any other provision of these Terms.  

You agree to cooperate with us in causing any unauthorised framing or linking immediately to cease.
We reserve the right to withdraw linking permission without notice.

6.  Fees

By using or agreeing to use the Services, you commit to provide a valid payment method with available funds to pay for any fees through an account on the Site, and to maintain a valid payment method until all Services are paid for.  You represent and warrant that such payment information is accurate and that you are authorised to use the payment instrument.  You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) which may occur.  We reserve the right to not provide any Services before you have provided a valid payment method through an account on the Site.

Our current payment processor is Stripe, and your payments are processed by Stripe in accordance with Stripe’s Terms of Service and Privacy Policy.  Stripe may make a temporary $1 charge to credit cards added to your Tenscope account.  We may make a temporary $0.50 charge to your credit card at the start of your subscription.  Any such charges are refunded after your credit card has been verified.  The refund may take up to several business days depending on your bank or credit card service.

You hereby authorise Tenscope to run, or have run, credit card authorisations on all credit cards provided by you, to store credit card details as your method of payment for Services, and to charge your credit card (or any other form of payment authorised by Tenscope or mutually agreed to between you and Tenscope).

We may choose to bill through an invoice.  Payment by bank transfer or wire transfer is subject to a USD 50 transaction fee that will be added to your invoice.

Once a subscription has started, you can request to pause the subscription for one or more months. This will take effect as of the billing date, either within the current month if that date is still in the future, or in the next calendar month.  It is the sole responsibility of those who sign up for a subscription to cancel or pause the service, ahead of their billing date, if they do not intend to use the service during a subscription period.  At the end of the term the subscription will renew for the same duration, at the same payment rate, if no further action is taken.  We reserve the right to refuse service to anyone for any reason at any time.

Under your plan, hours used are reconciled on a monthly basis.  Any hours remaining unused will roll and credit your balance for the next month, on top of the monthly allowance paid for that month.  Residual hours can roll for up to three months as long as the following monthly subscription fees are paid, and the plan is not terminated.

Use of our Services requires payment of recurring fees.  Payment for any monthly or annual subscription must be made in full, including applicable taxes, in order for the subscription to commence.  You agree that, upon registering for the Services, you authorise us to charge your method of payment (e.g., credit card) for the fees and applicable taxes from your registration date based upon your chosen billing frequency (monthly or annually).

Full payment for invoices issued, and for amounts which have been attempted to be charged to your credit card or by another payment method, in any given month, must be received by T no later than fourteen days after the earliest of the emailing date of the invoice, and the date of the attempted charge to credit card or other payment method, unless you have agreed otherwise with us in writing.  If any outstanding amount has not been paid within 14 days, a USD 50 late payment fee may be added to the unpaid amount.  Furthermore, unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service.  Unpaid amounts which have not been paid after 30 days may be sent to a Debt Collection agency.  

Subject to compliance with these Terms and full payment of applicable amounts due, we grant you a revocable, non-exclusive, non-transferrable, royalty-free, worldwide right and licence to the Licensed Content for your personal or professional use, including but not limited to use in your own design project.  Except as expressly permitted by us, you agree not to, directly or indirectly, stockpile, sell, lease, sublicense, distribute, copy, reproduce, republish, reverse engineer, download, data mine, or modify any Licensed Content made available through the Services.

To the extent that we license the Licensed Content from any third party, you agree to comply with the relevant third-party licence.  Except with our written permission, you may not: (i) sell, resell, rent, lease, sublicense, assign, grant a security interest in, or otherwise transfer any part of your rights to use Licensed Content apart from a design deliverable prepared by us or as part of a design product for your own personal use; (ii) change, alter, adapt, translate, convert, modify, or make any derivative works of any Licensed Content; (iii) falsely represent that you are the original creator of any Licensed Content; (iv) use Licensed Content in a pornographic, defamatory, or other unlawful manner; (vi) use Licensed Content in any way that allows others to download, extract, or redistribute Licensed Content as a standalone file or work.(vii) use Licensed Content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person, must indicate: (1) that the content is being used for illustrative purposes only, and (2) any person depicted in the content is a model.

Our licensors and we retain ownership over Licensed Content licensed from them, whether downloaded through our Services or incorporated into your design deliverable.  We reserve the right to terminate, revoke, or withdraw all licences upon your failure to comply with any provisions of these Terms.  In the event of any termination, you will have no further right to make use of the Licensed Content, which may include the Licensed Content which we have included in your design deliverable.

You may request a refund in writing within the first 15 days of a purchase of your first subscription plan.  Any additional subscription plans will not be eligible for a refund.  Beyond the 15-day window for your first subscription, there are no refunds for partial subscription plans under any circumstance, including unused time on a plan.  Promotions, upgrades, and adjustments to existing plans are non-refundable.

We will use commercially reasonable efforts to provide you the Services agreed upon and you will pay us the fee in accordance with these Terms. In cases where the Service has been cancelled, terminated or aborted, either by you or by us, you will pay in full for the Services up to and including the last day on which the Services are provided.  All sections of these Terms which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.

If you believe we have billed you incorrectly, you must contact us no later than 7 days after receiving the invoice or information in which the error or problem first appeared, in order to receive an adjustment or credit.  Inquiries should be directed to accounts@tenscope.co.

It is your responsibility to terminate a project if progress is not deemed satisfactory, and hours used by you on the Tenscope platform must be paid in full, regardless of satisfaction with end product.  It is your responsibility to inquire for progress reports sufficiently frequently to evaluate progress.  In the event that our designers have performed unsatisfactory, it is your responsibility to report this to us as soon as possible, to allow us to handle the dispute and potentially credit you.

We reserve the right to change the above prices, and will make reasonable effort to notify you via email a minimum of 30 days prior to any change.  By continuing to use the Services, you accept such changes.  We are not required to notify you of temporary promotions or reductions in fees.

A request for a change from one subscription plan to another with a lower monthly payment must be in writing to support@tenscope.co, and any available hours will be reduced with the same denominator as the reduction in monthly payment.

We hope you find our Services useful.  If, for whatever reason, you are not, you may cancel your subscription with us at any time as your sole remedy.  To terminate your subscription, please provide us with written notice 30 days in advance.  Once a subscription payment has been processed, the service will be delivered until the final date of the subscription period.

Upon cancellation, you will continue to have access to the Services and your design files through the end of your current paid billing term.  Once the billing term has ended after cancellation, you will no longer have access to the Services and may lose access to your design files through the Site.  Any unused hours will be voided at termination.

7.  Prohibited use

You agree not to access or use the Site for any purpose other than that for which it is made available. The Site may not be used in connection with any commercial endeavours except those related to the work performed by Tenscope on your behalf.

You may use the Site or Services only for lawful purposes and in accordance with these Terms. You agree not to use the Site or Services:

In any way which violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

To engage in any other conduct which restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or our users or expose them to liability.

Be written exclusively in capital letters.

Be plagiarised.

Contain spam or advertisements.

Contain personally identifying information about any user or account holder.

Contain personally identifying information about any Tenscope staff, owners, officers, employees, or agents, including any contact persons listed on the Site, or other persons.

Contain overly detailed or sexual descriptions of an individual’s physical appearance, or lewd personal attacks against a specific individual or group of individuals, or

Contain personal grievances.

We do not support and will not tolerate the Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin.  You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence.  If we believe in our sole determination that your use of the Service is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin, we may permanently or temporarily terminate or suspend your access to the Service, without notice and liability for any reason.

We may terminate your account without prior notice or liability to you, if we find, in our sole and exclusive discretion, that you: (i) have violated these Terms; (ii) are not in alignment with our model; (iii) are sharing usernames or passwords; (iv) violate our core values; or (v) are abusing our services or team in any way, including using our services for illegal purpose.  You will remain liable for all amounts due up to and including the date of termination.

Upon expiration or termination of your account or subscription to a Service, all rights under these Terms relating to such Service will immediately terminate, you will lose all access to the applicable Service, including access to your account and content or other files.  If we terminate these Terms for your breach, any licences to Licensed Content will terminate.

In addition, you agree not to:
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If you post reviews on the Site, the Services, or any of Tenscope’s social media pages or channels, you agree not to post reviews which are not based upon your personal experience or are otherwise designed for any purpose other than providing other users, both guests and clients, with an accurate description of your personal experience.  Reviews based on second-hand, non-personal experience are not allowed.  In addition to the other restrictions listed in these Terms, reviews posted on the Site, the Services, or any of Tenscope’s social media pages or channels must not:

8.  Warranty and disclaimer

While we do our best to minimise any mistakes, due to the nature of creative design we cannot guarantee all files delivered will be 100% error free.  Upon file delivery you agree to review and proof all files for any errors or omissions and notify our team if any changes / corrections are needed within seven days of receipt.

We will do our best to rush any edits to correct the mistakes.  We do not make any guarantees for delivery output, and you agree to not hold us liable for any damages, expenses, or losses incurred from missed deadlines or from projects which take longer to complete than your designer had estimated or stated.  We are not responsible or liable for any losses, damages, or expenses incurred from overruns, errors or omissions.  We shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimises errors and interruptions in the Services and shall perform the Services in a professional and workmanlike manner.  Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Tenscope or by third-party providers, or because of other causes beyond our reasonable control, but we shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.  However, we do not warrant that the Services will be uninterrupted or error free; nor do we make any warranty as to the results which may be obtained from use of the Services.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, the Site, or the Services, will be free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.  We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material which may infect your computer equipment, mobile device, computer programmes, data or other proprietary material due to your use of the Site or any services or items obtained through Tenscope or to your downloading of any material posted on it, or on any website or app linked to it.

Tenscope hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

Except as specifically set forth in this section, the Site and Services are provided “as is, as available”.  We make no promises about our services and, to the extent permitted by law, we disclaim all warranties, express or implied, including but not limited to, warranties of merchantability, fitness, non-infringement of intellectual property, and other violation of rights, either oral or written, whether arising by law, course of dealing, course of performance, usage, trade, or otherwise.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Reverse engineer (except to the extent specifically permitted by statutory law), decompile, disassemble or otherwise attempt to discover source code, object code or underlying structures, ideas or algorithms of the Services.

Modify, translate or create derivative works based on the Services.

Use the Services for any purpose other than its own internal purposes; or

Use the Services other than in accordance with these Terms and in compliance with all applicable laws and regulations (including but not limited to any applicable privacy and intellectual property laws).

You are responsible for obtaining and maintaining all telecommunications, broadband and computer equipment and services needed to access and use the Services and for paying all related charges.

To use certain features of Tenscope or Services, you must register for an account with us by registering as a member on Tenscope (“User Account”) and providing certain information about yourself as prompted by the Tenscope registration form (“Registration Data”), including your first and last name, your date of birth, a valid telephone number, a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, a valid billing address, and a valid phone number.  A payment processor (e.g. PayPal, Stripe) will process your payment for Services on our behalf and you are required to provide your applicable credit card number, expiration date, and CVV code.  Thus, we will not receive or store your payment card information on our server.

You may only access and use the Services in accordance with these Terms.  You agree to: (i) provide accurate, current and complete information about yourself as may be prompted by any form on this Site; (ii) maintain and promptly update the Registration Data, to keep it accurate, current and complete; (iii) maintain the security of any password and identification information; (iv) notify us immediately of any unauthorised use of your account; (v) accept sole responsibility for any and all activities which occur on your account.  Each person who uses any Services must have a separate username and password.  You must provide a valid email address for each person that you authorise to use your account.  You agree to provide any other information that we reasonably request.

We do not guarantee or warrant the Site will be available and accessible at all times.  Issues with hardware, software or other items may result in interruption delays or errors beyond our control. You agree that we shall not be liable for any loss, damage or inconvenience caused by your inability to access or use the Site during any interruption in the connection or service.

You may not access or use the Services in order to monitor its availability, performance, or functionality for competitive purposes. You may not, and may not permit any third party to:

The information presented on or through the Site or the Services is made available solely for general information purposes.  We do not warrant the accuracy, completeness, or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site or Services, or by anyone who may be informed of any of its contents.

Occasionally there may be information on our site or in the Services which contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability.  We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

The Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators or reporting services.  All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Tenscope, are solely the opinion and the responsibility of the person or entity providing those materials.  These materials do not necessarily reflect the opinion of Tenscope.  We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

We may update the content on the Site, including with regard to the Services (and support services) from time to time, but its content is not necessarily complete or up-to-date.  Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.  

This site may contain certain historical information.  Historical information, necessarily, is not current and is provided for your reference only.  We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site, except as required by law.  You agree that it is your responsibility to monitor changes to our site.  

We may from time-to-time issue upgraded versions of the Site.  You consent to such automatic upgrading on the Site (for full functionality), and agree that these Terms shall apply to all such upgrades.  

If this Site is available through any third-party platform, or if we provide links from this Site to any third-party platform, these links are provided for your convenience only and we do not accept responsibility for any content or practices of such third parties.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third-party websites or apps linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or apps, where applicable.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.  You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.  We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.  Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).  We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources).  Such new features and/or services will also be subject to these Terms.

9.  Indemnity

You will indemnify, defend, and hold harmless Tenscope, our affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party against an Indemnified Party relating to: (a) use of the Services by you or your agents, including any Customer Data provided by you or your agents and any payment obligations incurred through use of the Services; (b) any contract entered into by you or your agents; (c) failure to comply with these terms by you or your agents; (d) failure to comply with applicable law by you or your agents; (e) negligence, wilful misconduct, or fraud by you or your agents; and (f) defamation, libel, violation of privacy rights, unfair competition, or infringement or allegations thereof of registered patent, registered trademark, or copyright of a third party, or misappropriates a trade secret to the extent caused by you or your agents. Tenscope will reasonably notify you of any such claim or demand that is subject to your indemnification obligation.  You shall cooperate as required by us in the defence of any claim.  We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.

Tenscope is not responsible for creating or maintaining backups of your (or your client’s) website, files, or server and you are responsible for creating and maintaining backups for your websites, files, and servers prior to providing our designers access to them.  We do not warrant the functions of your website will meet your expectations of traffic or resulting business following any changes or updates performed by us.  In no event will we be liable to you or any third-party for any damages, including any lost profits, lost savings, lost information, or other incidental, consequential, or special damages arising out of the operation of or inability to operate your website or any of its web pages, even if we have been advised of the possibility of such damages.

You hereby acknowledge that you understand that Tenscope shall have no obligation or duty to perform trademark, service mark, or copyright searches or inquiries, or the like, in order to validate the propriety or legality of any delivered work.  Accordingly, you are encouraged to perform your own independent searches with regard to any submitted work, and related licences, before using it in any way.  Furthermore, you acknowledge that we shall have no responsibility or obligation of any kind to assist you in seeking state or federal intellectual property protection (i.e., without limitation, trademark or copyright registration) for any work, nor shall we be responsible for otherwise assisting you in any way in your attempt to perfect your rights in or to any completed work.  You also agree that we are in no way responsible for ensuring the originality of any creative work delivered, and that it is your full responsibility to research all creative work received by you before using it in any way. We are in no way responsible for any legal or financial difficulty of any kind incurred by using any service purchased through us.

The Company strives to provide current and accurate information on the Site about the Services or from merchants offering goods and services, or regarding the offers and transactions available to you.  Nevertheless, errors and misprints occur, and accordingly, we reserve the right to reject, correct, cancel, or terminate any transaction for which the price or offer details were incorrectly displayed or for which any other erroneous or inaccurate information was provided.  We reserve the right to do this at any time during the transaction process, including after a transaction has been submitted and even if we have confirmed the transaction.  Under no circumstances are we obligated to process or complete any transaction based on any error, misprint, or otherwise.

In no event will Tenscope, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, including any lost profits, revenues, data, financial losses or indirect, special, consequential, exemplary, or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, or loss of goodwill arising out of or in connection to the use or inability to use the Site, any apps or websites linked to it, any services or items obtained through Tenscope or such other websites or apps.  To the extent permitted by law, our total liability, for any claims against these Terms, including for any implied or expressed warranties, shall not exceed fees paid by you to Tenscope for the services under these Terms in the 12 months prior to the act which gave rise to the liability, regardless of the cause of action, in tort, contract, or otherwise.  This paragraph does not affect any liability which cannot be excluded or limited under applicable law.

10.  Digital millenium copyright act (DMCA)

In the event materials are made available to this Site by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content.  However, we respect the copyright interests of others.  It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site.  If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:

A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to support@tenscope.co.

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
You may use the Site or Services only for lawful purposes and in accordance with these Terms. You agree not to use the Site or Services:

11.  Governing law

All matters relating to these Terms, the contract between you and Tenscope which these Terms form, and any dispute or claim arising or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of England and Wales.

The parties hereto consent to personal jurisdiction in said courts and waive all defences of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction.  Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Use.

Under California Civil Code Section 1789.3, users of Tenscope from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favour at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Both parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

The parties agree that any cause of action or claim arising out of or relating to these Terms of use must be commenced within one year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

The English language version of these Terms will be controlling in all respects and will prevail in case of any inconsistencies with translated versions, if any.

12.  miscellaneous

Nothing in these Terms shall be construed to constitute the forming of a joint venture, partnership, employment or agency relationship between you and Tenscope, and you do not have any authority of any kind to bind Tenscope in any respect whatsoever.  In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys’ fees.

These Terms are not assignable, transferable or sublicensable by you except with T’s prior written consent.  T may transfer and assign any of its rights and obligations under these Terms without consent.

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.  

The failure of Tenscope to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.  A waiver of any term or condition or any breach, in any one instance, will not waive such term or condition or any subsequent breach.  

If you have executed a separate agreement with us applicable to your access to and use of this Site or our Services, then the terms and conditions of that agreement prevail to the extent of any conflict with these Terms.  In all other cases, these Terms constitute the entire agreement between the parties concerning its subject matter and supersedes all prior communications and proposals.  Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

For questions regarding these Terms, please contact Tenscope at support@tenscope.co.