Tessi Terms of Service

These Tessi Platform Terms of Service (these "Terms") are a binding legal agreement between Tessi Technologies Inc., a Delaware public benefit corporation ("Tessi," "we," "us," or "our"), and you, the individual homeowner or property owner who creates an account on, accesses, or uses the Platform ("you," "User," or "Homeowner").
BY CREATING AN ACCOUNT, CLICKING “I AGREE,” OR OTHERWISE ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM.
These Terms are accompanied by a separate Tessi Privacy Policy (the "Privacy Policy") that explains how we collect, use, and share your personal data. The Privacy Policy is a separate document, is available on the Platform, and is incorporated into these Terms by reference. Please review it carefully.

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1. Definitions

As used in these Terms, the following terms have the meanings set forth below:

"Damage Estimate" means an estimate of property damage generated by the Platform based on available data, Tessi's models, and information you provide.
"Homeowner" or "User" means the individual homeowner or property owner who creates an account on or uses the Platform.
"Lead" means a homeowner opportunity that Tessi makes available to a Restoration Provider through the Platform at the Homeowner's election.
"Personal Data" or "Personal Information" means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to you, as further described in the Privacy Policy.
"Platform" means Tessi's technology platform, including any websites, mobile applications, and related tools and services through which Tessi provides its services to Homeowners.
"Restoration Provider" means a third-party contractor or service provider who has agreed to receive referrals of homeowner leads from Tessi and who performs property assessment, mitigation, remediation, repair, and restoration services for Homeowners.
"Restoration Services" means the property assessment, mitigation, remediation, repair, and restoration services that a Restoration Provider performs for Homeowners.
"Services" means all features, tools, content, and functionality made available to you through the Platform, including Damage Estimates, insurance-coverage information, funding-resource information, and Restoration Provider referrals.

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2. Description of the Platform and Services

Tessi operates a technology platform that assists homeowners in:

assessing property damage following natural catastrophes;
navigating insurance coverage related to such damage;
identifying financial resources available to fund restoration; and
at the Homeowner's election, referring qualified homeowner leads to Restoration Providers who may be able to perform Restoration Services.

The Platform uses data you provide, together with publicly available information and Tessi's proprietary models, to generate Damage Estimates, insurance-coverage information, and funding-resource information. These outputs are informational in nature as further described in Section 7.

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3. Eligibility and Account

3.1 Eligibility

You must be at least 18 years of age to create an account or use the Platform. By using the Platform, you represent and warrant that you meet this age requirement and that you have the legal capacity to enter into these Terms.

3.2 Account Registration

To access certain features of the Platform, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You may not create more than one account per person.

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Tessi immediately of any unauthorized use of your account or any other breach of security. Tessi will not be liable for any loss or damage arising from your failure to protect your account credentials.

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4. License to Use the Platform; Acceptable Use

4.1 License Grant

Subject to your compliance with these Terms, Tessi grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for your personal, non-commercial purposes as a homeowner seeking to assess property damage, navigate insurance coverage, identify funding resources, and, at your election, receive referrals to Restoration Providers.

4.2 Restrictions

You agree not to:

use the Platform for any unlawful purpose or in violation of any applicable law or regulation;
provide false, misleading, or fraudulent information to Tessi or through the Platform;
impersonate any person or entity, or falsely claim an affiliation with any person or entity;
access or use another User's account without authorization;
use any automated means, including bots, scrapers, crawlers, or similar technologies, to access, monitor, copy, or collect content or data from the Platform;
use, deploy, or permit any artificial intelligence agent, autonomous agent, large language model, or other AI-based system or tool to access, interact with, browse, query, or operate the Platform, whether on your behalf or otherwise and whether or not such access is automated;
reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying structure of the Platform;
interfere with or disrupt the integrity, security, or performance of the Platform or its infrastructure;
circumvent, disable, or otherwise interfere with any security, access-control, or technical-protection features of the Platform;
use the Platform to transmit any virus, malware, or other harmful code;
copy, modify, distribute, sell, lease, or create derivative works based on the Platform or its content, except as expressly permitted; or
use information obtained from the Platform to compete with Tessi or for any purpose other than your personal property-restoration needs.

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5. Referral Process and Relationship with Restoration Providers

5.1 User Election

The Platform may offer you the option to have your information shared with one or more Restoration Providers who may be able to perform Restoration Services for your property. This sharing occurs only at your election and with your consent. If you elect to proceed, Tessi will share certain information about you (including, without limitation, your contact details, location, property-damage information, and insurance and funding status) with Restoration Providers in your area.

5.2 Tessi's Role

Tessi operates solely as a technology and referral platform. Tessi is not a Restoration Provider and does not perform Restoration Services. Tessi is not a party to, and bears no responsibility for, any agreement, scope of work, pricing, schedule, quality, or services between you and any Restoration Provider. Any engagement of a Restoration Provider is a direct contractual relationship between you and that provider.

5.3 No Endorsement or Guarantee

Referral of a Restoration Provider through the Platform does not constitute an endorsement, recommendation, or guarantee of that provider's qualifications, quality of work, pricing, licensing, or insurance coverage. You are solely responsible for evaluating and selecting any Restoration Provider and for the terms of any engagement with such provider.

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6. Informational Nature of Platform Content; No Professional Advice

The Damage Estimates, insurance-coverage information, funding-resource information, and other content and outputs provided through the Platform are informational only. They are generated based on available data and Tessi's proprietary models and do not constitute:

(a) insurance advice or services; (b) public adjusting services; (c) legal advice or services; (d) lending, mortgage, or financial advisory services; or (e) any guarantee of any insurance recovery, financing approval, funding availability, or particular outcome.

Tessi is not an insurance company, insurance broker, public adjuster, attorney, lender, or financial advisor. Nothing on the Platform should be construed as a substitute for professional advice from a qualified and licensed professional in the relevant field. You should independently verify all information provided through the Platform and consult with appropriate professionals before making decisions regarding insurance claims, financing, or restoration work.

Damage Estimates are approximations and may differ from actual repair costs, insurance adjuster assessments, or contractor bids. Tessi does not guarantee the accuracy, completeness, or reliability of any Damage Estimate or other information provided through the Platform.

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7. User Content and Submissions

7.1 User Content

You may submit information, photographs, documents, and other materials to the Platform in connection with your use of the Services ("User Content"). You retain ownership of your User Content, subject to the license granted below.

7.2 License to Tessi

By submitting User Content to the Platform, you grant Tessi a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, process, adapt, modify, aggregate, publish, and display your User Content solely for the purposes of: (a) operating, providing, and improving the Platform and Services; (b) developing, training, testing, and improving Tessi's databases, AI models, estimator tools, and algorithms; (c) generating and refining Damage Estimates and other informational outputs; and (d) fulfilling Tessi's obligations under these Terms, including sharing information with Restoration Providers at your election. This license survives termination of your account to the extent User Content has been incorporated into Tessi's models or aggregated datasets in de-identified form.

7.3 User Representations

By submitting User Content, you represent and warrant that:

you own or have all necessary rights, licenses, consents, and permissions to submit the User Content and to grant the license above;
the User Content is accurate and not misleading;
the User Content does not infringe, misappropriate, or violate any third party's intellectual property, privacy, or other rights; and
the User Content complies with all applicable laws and these Terms.

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8. Fees

The Platform is currently provided to Homeowners at no charge. Tessi reserves the right to introduce fees for certain features or services in the future. If Tessi introduces fees applicable to your use of the Platform, such fees will be clearly disclosed to you at the point of use prior to your incurring any obligation to pay. Your continued use of a fee-based feature after such disclosure constitutes your agreement to pay the applicable fees.

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9. Intellectual Property

The Platform and all content, features, functionality, software, technology, databases, models, and materials therein (excluding User Content) are owned by Tessi or its licensors and are protected by intellectual property laws. These Terms do not grant you any right, title, or interest in the Platform except for the limited license set forth in Section 4. All rights not expressly granted are reserved by Tessi.

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10. Data Privacy

Tessi’s collection, use, disclosure, and protection of your Personal Data in connection with the Platform are governed by Tessi’s Privacy Policy, which is a separate document available on the Platform and is incorporated into these Terms by reference. The Privacy Policy describes, among other things, the categories of Personal Data we collect, the sources of that data, the purposes for which we process it, how and with whom we share it, our approach to international data transfers and data retention, and the rights available to you under applicable data protection laws (including the EU General Data Protection Regulation (GDPR), the UK General Data Protection Regulation (UK GDPR), U.S. state privacy laws such as the California Consumer Privacy Act, as amended by the California Privacy Rights Act (“CCPA/CPRA”), and Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA)), together with how to exercise those rights. Please review the Privacy Policy carefully. If you have questions about our privacy practices or wish to exercise your data protection rights, you may contact us at privacy@tessi.ai.

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11. Third-Party Links and Services

The Platform may contain links to third-party websites, applications, or services that are not owned or controlled by Tessi, including websites of Restoration Providers, insurance companies, lenders, and other resources. Tessi is not responsible for the content, privacy practices, or terms of use of any third-party service. Your use of third-party services is at your own risk, and you should review the applicable terms and privacy policies before providing any information to such third parties.

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12. Disclaimers of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM, SERVICES, DAMAGE ESTIMATES, INSURANCE-COVERAGE INFORMATION, FUNDING-RESOURCE INFORMATION, REFERRALS, AND ALL RELATED CONTENT AND INFORMATION ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

TESSI EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, TESSI DOES NOT WARRANT THAT: (A) THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (B) ANY DAMAGE ESTIMATE WILL BE ACCURATE OR REFLECT ACTUAL REPAIR COSTS; (C) ANY INSURANCE RECOVERY, FINANCING, OR PARTICULAR OUTCOME WILL RESULT FROM USE OF THE PLATFORM; OR (D) ANY RESTORATION PROVIDER REFERRED THROUGH THE PLATFORM WILL BE QUALIFIED, LICENSED, INSURED, OR SATISFACTORY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE MANDATORY LAW.

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13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TESSI OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE PLATFORM OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF TESSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TESSI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO TESSI IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THE LIMITATIONS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND DO NOT LIMIT LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE MANDATORY LAW, INCLUDING LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE (WHERE SUCH EXCLUSION IS PROHIBITED).

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14. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Tessi and its officers, directors, employees, agents, affiliates, and licensors from and against any and all third-party claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Platform in violation of these Terms; (b) your User Content; (c) your violation of any applicable law or regulation; (d) your engagement of or dealings with any Restoration Provider; or (e) your infringement or misappropriation of any third party's rights.

This indemnification obligation does not apply to residents of jurisdictions where consumer indemnification provisions are unenforceable under mandatory applicable law.

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15. Term, Suspension, and Termination

15.1 Term

These Terms are effective as of the date you first access or use the Platform and continue until terminated by either party as provided herein.

15.2 Termination by You

You may terminate these Terms at any time by closing your account through the Platform or by contacting us at support@tessi.ai. Upon termination, your right to access and use the Platform will cease immediately.

15.3 Suspension and Termination by Tessi

Tessi may suspend or terminate your access to the Platform, in whole or in part, at any time, with or without cause, and with or without notice, including if Tessi reasonably believes that you have violated these Terms, engaged in fraudulent or unlawful conduct, or pose a risk to other Users, Tessi, or third parties. Tessi may also discontinue the Platform or any feature thereof at any time.

15.4 Effect of Termination

Upon termination, your license to use the Platform is immediately revoked. Sections that by their nature should survive termination will survive, including Sections 7 (User Content license, to the extent described therein), 10 (Data Privacy, together with the Privacy Policy, as to data retained in accordance with the Privacy Policy), 12, 13, 14, 16, 17, and 18.

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16. Changes to the Terms and to the Platform

16.1 Changes to Terms

Tessi reserves the right to modify these Terms at any time. If we make material changes, we will notify you by posting the revised Terms on the Platform with an updated "Effective Date" and sending notice to the email address associated with your account at least 30 days before the changes take effect (or such longer period as required by applicable law). Your continued use of the Platform after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Platform and close your account.

16.2 Changes to the Platform

Tessi may modify, update, suspend, or discontinue the Platform or any feature or functionality thereof at any time, with or without notice, and without liability to you. Tessi will use commercially reasonable efforts to provide advance notice of material changes to Platform functionality.

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17. Dispute Resolution and Governing Law

17.1 Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Platform are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States of America, without regard to its conflict-of-laws principles.

17.2 Jurisdiction and Venue

Subject to Section 17.3 below (if applicable), the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Boston, Massachusetts, for any dispute arising out of or relating to these Terms or the Platform.

17.3 Binding Arbitration and Class-Action Waiver

Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, will be determined by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court. The arbitration will be conducted by a single arbitrator in Boston, Massachusetts, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys' fees where authorized by law.

Class-Action Waiver. YOU AND TESSI AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. UNLESS BOTH YOU AND TESSI AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

Opt-Out. You may opt out of this arbitration provision by sending written notice to Tessi at the address set forth below within 30 days of first accepting these Terms. If you opt out, the jurisdiction and venue provisions of Section 17.2 will apply.

Small Claims Exception. Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.

17.4 Preservation of Mandatory Rights

Nothing in these Terms (including any arbitration provision above, if retained) is intended to, or shall be construed to, limit or waive any rights that cannot be waived under applicable mandatory consumer-protection or data-protection law. If you are a consumer in the European Union, United Kingdom, Canada, or another jurisdiction with mandatory consumer-protection laws that override a choice-of-law or arbitration clause, those mandatory protections apply to the extent required by applicable law, and you retain the right to bring proceedings in your jurisdiction of residence as provided by such law.

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18. Miscellaneous

18.1 Entire Agreement

These Terms, together with any policies or notices referenced herein, constitute the entire agreement between you and Tessi regarding your use of the Platform and supersede all prior or contemporaneous understandings, proposals, or communications, whether oral or written, regarding the subject matter hereof.

18.2 Severability

If any provision of these Terms is held to be unenforceable or invalid by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

18.3 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without Tessi's prior written consent. Tessi may assign these Terms without restriction, including, without limitation, to an affiliate or to a successor in connection with a merger, acquisition, or sale of all or substantially all of its assets. Any purported assignment in violation of this Section is void.

18.4 Waiver

No waiver of any provision of these Terms is effective unless in writing and signed by Tessi. No failure or delay by Tessi in exercising any right or remedy operates as a waiver of that right or remedy or precludes its future exercise.

18.5 Force Majeure

Tessi will not be liable for any delay or failure in performance resulting from events beyond its reasonable control, including acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, government actions, power failures, internet or telecommunications failures, or similar events.

18.6 Notices

Tessi may provide notices to you via the email address associated with your account, through in-Platform notifications, or by posting on the Platform. Notices to Tessi must be sent in writing to Tessi Technologies Inc., 134 Sumner Street, Newton, MA 02459, Attn: Legal. Notices are effective upon receipt.

18.7 Electronic Communications Consent

By creating an account or using the Platform, you consent to receive electronic communications from Tessi (including emails, push notifications, and in-Platform messages) relating to your account, the Services, and these Terms. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

You further expressly consent to receive communications from Tessi and, if you elect to receive a referral, from Restoration Providers, by telephone call, text (SMS or MMS) message, and email at the telephone number(s) and email address associated with your account or otherwise provided by you. Such communications may relate to your account, Damage Estimates, referrals, scheduling, and Restoration Services, and may include service, transactional, informational, and, where permitted by applicable law, marketing communications. You acknowledge that such calls and text messages may be placed or sent using an automatic telephone dialing system or an artificial or prerecorded voice, and that message and data rates may apply. Your consent to receive marketing or promotional calls or text messages is not a condition of creating an account, using the Platform, or receiving any Services. You may withdraw your consent or opt out at any time by following the instructions provided in the applicable communication (for example, by replying STOP to a text message or unsubscribing from an email) or by contacting us at privacy@tessi.ai; with respect to Restoration Providers, you may also contact the relevant Restoration Provider directly.

18.8 SMS Text Messaging Program

If you provide your mobile telephone number and consent to receive text messages, Tessi may send you recurring SMS or MMS messages as part of its text messaging program. The categories of messages we send include authentication and verification messages, results and status messages (such as Damage Estimates and referral updates), and messages regarding resource opportunities that may be available to you. Message frequency may vary. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages. You may opt out at any time by replying STOP to any text message from Tessi, after which Tessi will stop sending you SMS messages unless you re-enroll. For help, reply HELP to any text message or contact us at support@tessi.ai. Your consent to receive text messages is not required as a condition of creating an account, using the Platform, or receiving any Services, except to the extent SMS messaging is necessary to complete a specific service flow that you have requested.

18.9 Electronic Acceptance

You acknowledge and agree that clicking "I Agree," creating an account, or otherwise manifesting assent to these Terms through electronic means constitutes your electronic signature and is equivalent to a handwritten signature for purposes of validity, enforceability, and admissibility. These Terms may be accepted in electronic form, and such electronic acceptance is deemed an original.