Terms of Use

Last Revision: August 1, 2019

Introduction

Terso Solutions, Inc. (“Terso,” “we” or “us”) appreciates your interest in Stratosphere (“Stratosphere”). These terms and conditions (“Terms”) govern your use of Stratosphere. By using Stratosphere, you agree to be bound by these Terms. If you are using Stratosphere on behalf of a business, that business accepts these Terms.

Privacy

The Stratosphere Privacy Policy describes how we treat your personal data and protect your privacy when you use Stratosphere. By using Stratosphere, you agree to the collection and use of this information, as set forth in the privacy policy.

Use of Stratosphere

Don’t misuse Stratosphere. For example, you may not interfere with Stratosphere or try to access it using a method other than the interface and the instructions that we provide. You may use Stratosphere only as permitted by law. We may suspend or stop providing Stratosphere to you if you do not comply with our Terms, if we are investigating suspected misconduct, or our provision of Stratosphere to you is no longer commercially viable.

Using Stratosphere does not give you ownership of any intellectual property rights in Stratosphere or the content you access. These Terms do not grant you the right to use any branding or logos used in Stratosphere.

We may add or remove functionalities or features, and we may suspend or stop Stratosphere altogether. If we discontinue a function or feature of Stratosphere, where possible, we will give you reasonable advance notice and a chance to get information out of Stratosphere.

Your Account

An account will be created for you in Stratosphere upon your request or your business’ request. You may not allow any third party to use your account for any purpose. You are responsible for safeguarding your account. Use a strong password, keep your password confidential, and limit its use to your account. Terso is not liable for any loss or damage arising from your failure to comply with this paragraph.

As part of Stratosphere, we will provide you with various communications regarding the inventory of your account and/or devices. You can control if and when these communications are sent to you from Stratosphere. You are responsible for notifying an administrator to update your account information if you change or deactivate your email.

Warranties and Disclaimers

TERSO PROVIDES STRATOSPHERE “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. FOR EXAMPLE, TERSO MAKES NO REPRESENTATIONS, OR WARRANTIES ABOUT STRATOSPHERE, ITS SPECIFIC FUNCTIONS, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS.

Limitations on Liability

TERSO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSSES OR EXPENSES BASED UPON, RESULTING FROM OR ARISING OUT OF YOUR USE OF OR INABILITY TO USE STRATOSPHERE FOR ANY PURPOSES WHATSOEVER.

Indemnification

You and your business will hold harmless and indemnify Terso and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of Stratosphere or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

Governing Law

The laws of Wisconsin, U.S.A. will apply to any disputes arising out of or relating to these Terms or Stratosphere. All claims arising out of or relating to these Terms or Stratosphere will be litigated exclusively in the federal or state courts located in Madison, Wisconsin, USA, and you and Terso consent to personal jurisdiction in those courts.

Changes

We reserve the right to make changes to these Terms at any time. When we make changes to these Terms, we will post the revised Terms, with an updated revision date at the top of the Terms, on the Stratosphere website. We encourage you to view our Terms regularly for updates. Your continued use of Stratosphere will be deemed your agreement to any changes. If you object to any of the changes to these Terms, you must stop using and deactivate your Stratosphere account.

Canceling Your Account

You may deactivate your Stratosphere at any time by contacting us at the address below and discontinuing your use of the Stratosphere. However, even if your Stratosphere account is deactivated, we will retain your information, unless you contact us to request its erasure.

Contact Us

If you have questions about these Terms, please email support@tersosolutions.com.