tesse

These Terms of Service ("Terms") are an agreement between:

• Blank Library Pte. Ltd. (UEN 202442843H), a company incorporated in Singapore with its registered office at 60 Paya Lebar Road, #06-28 Paya Lebar Square, Singapore 409051, operating Tesse ("Tesse", "we", "us"); and
• the organisation that uses Tesse (the "Customer", "you").

Who you are agreeing for. If you accept these Terms on behalf of an organisation, you confirm that you have authority to bind it. If you use Tesse without an organisation, you are the Customer.

How you accept. You accept these Terms by creating an account, or by using the Services.

• "Customer Content" means everything you or your Users submit to the Services, and everything the Services generate for you. This includes profiles, notes, documents, goals, forms, calendar entries, photographs, videos, stories, lessons and boards. It does not include generic content that the Services share across customers and that does not identify any Individual.
• "Customer Personal Data" means personal data contained in Customer Content.
• "Individual" means a natural person whose personal data is Customer Personal Data. This includes the learners and other persons you support.
• "Output" means content the Services generate for you, such as stories, illustrations, lessons, boards and audio.
• "PDPA" means the Personal Data Protection Act 2012 of Singapore and the regulations made under it, each as amended from time to time. "Personal data" and "organisation" have the meanings given in the PDPA.
• "Services" means the Tesse platform and related services we provide.
• "Users" means your staff and other persons you authorise to use the Services.

2.1 Ownership. As between you and us, you own Customer Content, including Output.

2.2 What you allow us to do with it. You grant us a non-exclusive licence to host, copy, process and display Customer Content only as needed to provide, secure and support the Services for you.

2.3 Our role. For Customer Personal Data, you are the organisation responsible under the PDPA, and we are your data intermediary. These Terms are the written contract referred to in section 4(2) of the PDPA.

2.4 How we use Customer Personal Data. We process Customer Personal Data only to provide, secure and support the Services for you, on your instructions, or where the law of Singapore requires it. Your instructions are these Terms and your use and configuration of the Services. We do not:

• sell Customer Personal Data, or use it for advertising or for our own purposes; or
• use Customer Content to train AI models.

2.5 Protection. We make reasonable security arrangements to protect Customer Personal Data, as section 24 of the PDPA requires. Our personnel with access to it are bound by confidentiality obligations.

2.6 Sub-processors and transfers. We use the sub-processors listed at tesse.ai/security. Some of them, including AI providers, process data outside Singapore, in the locations listed there. You authorise this. For each sub-processor, we:

• bind it by a written contract to protect Customer Personal Data to a standard comparable to the PDPA; and
• remain responsible to you for its processing.

We update tesse.ai/security at least 14 days before a new sub-processor starts processing Customer Personal Data.

2.7 Data breaches. We will notify you of a data breach (as defined in section 26A of the PDPA) affecting Customer Personal Data without undue delay, and in any event within 72 hours of having credible grounds to believe it has occurred. We will give you reasonable help assessing it and notifying the Personal Data Protection Commission and affected individuals.

2.8 Requests from individuals. If an individual asks us about Customer Personal Data, we will pass the request to you within 5 business days and will not respond to it ourselves.

2.9 Deletion.

• When you delete Customer Content in the Services, we delete it from our live systems within 30 days.
• When these Terms end, we delete your Customer Content from our live systems within 30 days. If you ask before they end, we will first keep it available for export for 30 days.
• Backup copies expire within a further 30 days.

2.10 Signed data processing agreement. If you have signed a data processing agreement with us, it governs our processing of Customer Personal Data and prevails over this clause 2 where they conflict. To request one, contact hello@tesse.ai.

2.11 Account data. Our Privacy Policy at tesse.ai/privacy-policy explains how we handle personal data about Users' own accounts and use of the Services.

3.1 Managing Users. You decide who may use the Services on your behalf. You are responsible for:

• adding and removing Users promptly;
• assigning Users to the Individuals they may see; and
• your Users' use of the Services.

3.2 Account security.

• Users must keep their sign-in credentials secure.
• You must tell us promptly at hello@tesse.ai if you suspect unauthorised access to your account.

4.1 You are responsible for having the right, under the PDPA and any other applicable law, to submit Customer Content to the Services. This includes obtaining any consent needed from Individuals, or from their parents, guardians or other persons validly acting on their behalf. In particular, you need it for:

• (a) photographs, including photographs used as reference images for generated illustrations; and
• (b) processing by the AI providers listed at tesse.ai/security.

4.2 Accuracy. You are responsible for the accuracy of the Customer Content you submit.

5.1 Output must be reviewed. Output is generated by AI. It may be inaccurate, incomplete or unsuitable for a particular Individual. You and your Users must review Output before using it with anyone.

5.2 Not professional advice. The Services support your professional judgement. They do not replace it. Output is not medical, clinical, therapeutic, psychological or educational advice, and must not be relied on as such.

5.3 Output is not unique. The Services may generate similar Output for other customers.

6.1 Some features let you take content outside the Services:

• share links that let anyone with the link view the content without signing in; and
• exports and downloads.

6.2 When you use these features, you choose to disclose that content. You are responsible for what you share and for how exported files are handled. Content you share or export is outside our control and no longer covered by clause 2.

7.1 You and your Users must not:

• (a) use the Services in breach of any law, including the PDPA;
• (b) submit content you have no right to submit;
• (c) use the Services to create content that is unlawful, harassing, sexual, or harmful to the people you support;
• (d) attempt to access data, accounts or systems you are not authorised to access, or interfere with or probe the security of the Services;
• (e) reverse engineer, scrape or copy the Services. This does not limit your right to export your own Customer Content;
• (f) resell or sublicense the Services, or use them to build a competing product;
• (g) use the Services to make automated decisions about an Individual without human review.

8.1 Symbols and images. The Services include symbols and images from third parties, each under its own licence, including:

• the Mulberry Symbol Set by Garry Paxton, Paxtoncrafts Charitable Trust, licensed under CC BY-SA 2.0 UK (creativecommons.org/licenses/by-sa/2.0/uk/) without modification; and
• images found through image search features.

8.2 Your responsibility. If you use these materials outside the Services, you are responsible for complying with their licences, including any attribution requirements.

9.1 What we own. We and our licensors own the Services, including the software, design and documentation, other than Customer Content.

9.2 Your right to use the Services. We grant you a non-exclusive, non-transferable right to use the Services during the term of these Terms, for your internal purposes.

9.3 Feedback. If you give us feedback or suggestions, we may use them without obligation to you.

10.1 Order forms. Fees are set out in the quotation, order form or purchase order agreed between us (an "order form").

10.2 Payment and tax. Unless your order form says otherwise:

• fees are invoiced in advance for each billing period, and are payable within 30 days of the invoice date; and
• fees are exclusive of GST and other taxes.

10.3 Fee changes. We will give you at least 30 days' notice of any fee change. The change takes effect from your next billing period.

10.4 Free plans and pilots. Free plans, trials and pilots are provided without charge. We may end them on 30 days' notice.

11.1 We may suspend access to the Services, in whole or in part, if:

• (a) we reasonably believe that use of the Services breaches clause 7, or is a security risk to the Services or other customers; or
• (b) fees are more than 30 days overdue after we have given you notice.

11.2 Where reasonably practicable, we will give you notice before suspending. Suspension will be limited to what is necessary, and we will restore access once the issue is resolved.

11.3 Suspension does not affect our obligations under clause 2.

12.1 Term. These Terms apply from when you accept them until terminated.

12.2 Ending by you. You may stop using the Services and close your account at any time. Prepaid fees are not refundable except where these Terms or a signed data processing agreement say otherwise.

12.3 Ending by us. We may terminate these Terms:

• (a) on 30 days' notice; or
• (b) immediately by notice, if you materially breach these Terms and do not remedy the breach within 30 days after we ask you to.

If we terminate under (a), we will refund any fees you have prepaid for the period after termination.

12.4 After termination. Clause 2.9 covers export and deletion of Customer Content.

12.5 What survives. These clauses survive termination:

• clause 2, for as long as we hold Customer Personal Data, and clause 9.1;
• clauses 12.4 and 13 to 16; and
• any accrued payment obligations.

13.1 Our commitment. We will provide the Services with reasonable skill and care.

13.2 Disclaimer. Except as expressly stated in these Terms or a signed data processing agreement, the Services are provided "as is". We do not warrant that:

• the Services will be uninterrupted or error-free; or
• Output will be accurate or suitable for any particular purpose.

14.1 Excluded losses. Neither party is liable for:

• indirect or consequential loss; or
• loss of profits, revenue, goodwill or anticipated savings.

This applies however the loss arises, whether in contract, tort (including negligence), breach of statutory duty or otherwise.

14.2 Liability cap. Each party's total liability under or in connection with these Terms and any signed data processing agreement is limited, in aggregate, to the greater of:

• (a) the fees paid and payable by you to us in the 12 months before the event giving rise to the claim; and
• (b) S$100.

14.3 Exceptions. Clauses 14.1 and 14.2 do not limit:

• liability for fraud;
• liability for death or personal injury caused by negligence;
• your obligation to pay fees; or
• any liability that cannot be limited by law.

15.1 Changes to these Terms. We may update these Terms. We will give you at least 30 days' notice of material changes, by email or in the Services. If you continue to use the Services after a change takes effect, you accept it. If you do not accept a material change, you may terminate before it takes effect. We will then refund any fees you have prepaid for the period after termination.

15.2 Changes to the Services. We may change the Services. We will not make a change that materially reduces their core functionality during a paid term without giving you notice.

15.3 Signed agreements. If you have a signed agreement with us for the Services, its terms prevail over these Terms where they conflict.

16.1 Governing law. These Terms are governed by the laws of Singapore. The courts of Singapore have exclusive jurisdiction over any dispute arising from them.

16.2 Third-party rights. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 2001 to enforce any of them.

16.3 Assignment. Neither party may assign these Terms without the other's consent. The exception is that either party may assign them to a successor to all or substantially all of its business, on notice. A successor to Tesse remains bound by clause 2 and any signed data processing agreement.

16.4 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control. This does not apply to payment obligations.

16.5 Entire agreement. These Terms, any order form and any signed data processing agreement are the entire agreement between us about the Services.

16.6 Severability. If any provision of these Terms is held invalid, the rest remains in effect.

16.7 Notices.

• To us: hello@tesse.ai.
• To you: the email address of your account owner in the Services.

16.8 Confidentiality. Each party will keep confidential the non-public information it receives from the other in connection with these Terms, and use it only to perform these Terms. This does not apply to information that:

• is or becomes public through no fault of the recipient;
• the recipient already had, or develops independently; or
• must be disclosed by law. Where the law allows, the recipient will tell the other party first.

Clause 2 and any signed data processing agreement, not this clause, govern Customer Personal Data.