Terms of Use

These Terms of Use govern usage of our website, Tempo Automation.com (including any other websites or domains owned or operated by us, the “Site”).  The Site is owned and operated by Tempo Automation, Inc. (“Tempo Automation”), located at 2460 Alameda Street, San Francisco, California 94103.

Tempo Automation reserves the right, in its sole discretion, to update, modify, add, or remove provisions to these Terms of Use at any time, without notice to you.  By visiting or ordering through the Site, you agree, without limitation or qualification, to these Terms of Use and any changes to them.  If you do not agree to these Terms of Use, you may not access or use the Site.  As long as you comply with these Terms of Use, Tempo Automation grants you a personal, non-exclusive, non-transferrable, non-sublicensable, limited privilege, revocable at any time in Tempo Automation’s sole discretion, to access and use the Site.

This Site provides information on us and the products and services we offer.  The Site enables you to request a quotation and place orders for products and services.  Through the Site, you may create and maintain an account with Tempo Automation to place orders.  You must be at least 18 years old to have an account.  As part of the registration process for an account, you are required to provide certain information (“Registration Data”), and you agree that all Registration Data you provide to us will be accurate, current, and complete, and you agree to update this information to keep it accurate, current, and complete at all times.  You are solely responsible for maintaining the confidentiality of your account log in information and password.  You agree not to use the username, password, or account of another user, or to permit anyone else to use your username, password, or account.  You agree that if you become aware of any loss, theft, or unauthorized use or disclosure of your username, password, or account, you shall promptly notify us at support@tempoautomation.com.  You are solely responsible for all activities that occur under your account.  You acknowledge that you do not own your account, nor do you possess any rights of access to data stored in your account.  You acknowledge and agree that Tempo Automation owns any information or data resulting from your use of the Site, other than your proprietary information, materials, specifications, design files, and technology you provide us in order to request a quote or to order products and services from us (“Customer Information”).  You represent and warrant that you own or have the right to submit the Customer Information for the purpose of obtaining a quote or products and services, and you give us permission to use, modify, transfer, and copy it for those purposes.

All text, graphics, interfaces, photographs, sounds, music, artwork, software code, product names, trademarks, service marks, and logos (collectively, the “Content”), including without limitation the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content, contained on the Site is owned, controlled, or licensed by or to Tempo Automation, and is protected by copyright, patent, trademark, trade dress, trade name, and other intellectual property rights.  Except as provided in these Terms of Use, none of the Content may be used, copied, reproduced, distributed, republished, publicly displayed, downloaded, modified, reverse engineered, disassembled, posted, or transmitted in any form or by any means, without Tempo Automation’s express prior written permission.  We grant you permission to access and use the Site in accordance with these Terms of Use to learn about what we do and our products and services, request a quote, upload Customer Information for a quote, order products and services, and display, download, and archive and print portions of the Site on a temporary basis for your individual use, provided you do not modify the Content, you retain any and all copyright and other proprietary notices contained in the Content, and you do not copy, distribute, publicly display, or post the Content or broadcast it in any media.

All of Tempo Automation’s trade names, product names, trademarks, service marks, and logos appearing on the Site, unless otherwise noted, are trademarks, service marks, and/or trade dress, whether registered or not, of Tempo Automation (the “Marks”).  You may only use the Marks as authorized in these Terms of Use or as authorized by us in advance in writing, and any other use of the Marks, as well as any trade names, product names, trademarks, service marks, and logos appearing on the Site that are owned by others, is prohibited.

Additional terms and conditions may apply to the purchase of products and services.  If there is a conflict between these Terms of Use and the terms and conditions you and we agree to for the sale of products and services, the latter terms and conditions shall control for that sale of products and services.  You agree to pay all fees and any other charges incurred by you (including any applicable taxes) for products and services you request through the Site.

You are prohibited from taking the following actions, and you agree you will not: (1) attempt to gain unauthorized access to the Site or any feature on it, or to the products and services, or any network connected to it, including by hacking, password “mining,” brute force attack, or other illegitimate means, (2) probe, scan, or test the vulnerabilities of the Site or any network connected to it, (3) exploit or infiltrate the Site or any network connected to it to reveal any information other than your own information or information Tempo Automation makes available to all users of the Site, (4) scrape the Site or any of its Content, (5) upload or transmit through the site any computer viruses, trojan horses, worms, or anything else designed to interfere with, interrupt, or disrupt the normal operations of the Site or a computer or a network, (6) take any action that imposes an unreasonable or disproportionately large load on the Site or any network connected to it, (7) take any action that interferes with the operation of the Site or any transaction being conducted on the Site, or (8) use the Site or the Content for an unlawful purpose or in violation of these Terms of Use.

Tempo Automation’s Privacy Policy applies to the use of this Site and it is made apart of these Terms of Use.  You can view the Privacy Policy here.

The Site may contain links to websites maintained by unrelated third parties.  A link to a third party’s website does not mean that we approve, endorse, or accept any responsibility for that website, or the use of products and services available through that website.  Tempo Automation does not make any representations, or give any warranties, expressed or implied, about a third party’s website.

TEMPO AUTOMATION MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE AND THE CONTENT, INCUDING, WITHOUT LIMITATION, THAT THEY WILL BE ERROR-FREE OR UNINTERRUPTED.  THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS.  TEMPO AUTOMATION DISCLAIMS ANY DUTY TO MAINTAIN, SUPPORT, OR UPDATE THE SITE OR THE CONTENT.

TEMPO AUTOMATION CANNOT ENSURE, AND MAKES NO REPRESETATIONS AND WARRANTIES, THAT THE SITE, ITS CONTENT, AND ANY FILES OR DATA DOWNLOADED FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TEMPO AUTOMATION DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND THE CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, STATUTORY OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE.  TEMPO AUTOMATION DOES NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE YOUR ACCOUNT, COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA, INCLUDING, WITHOUT LIMITATION, ANY CUSTOMER INFORMATION SUBMITTED BY YOU WHEN YOU REQUEST A QUOTE.

EXCEPT TO THE EXTENT PROHIBITED BY LAW, TEMPO AUTOMATION HEREBY EXCLUDES AND DISCLAIMS LIABILITY FOR ANY LOSSES, EXPENSES, AND DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR THE CONTENT – INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF OR DAMAGE TO PROPERTY, INTANGIBLE LOSSES, AND CLAIMS OF THIRD PARTIES – UNDER ANY EQUITY, COMMON LAW, TORT, CONTRACT, ESTOPPEL, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER TEMPO AUTOMATION HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING OR COULD HAVE FORESEEN SUCH LOSSES, EXPENSES, AND DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY OR WARRANTY.

YOU ASSUME ALL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER APPROPRIATE.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN YOU AND WE AGREE THAT TEMPO AUTOMATION’S AGGREGATE LIABILITY FOR LIABILITIES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR THE CONTENT SHALL NOT EXCEED TEN DOLLARS ($10.00).

The warranty disclaimers and limitations of liability set forth in these Terms of Use shall not apply to the extent prohibited by law, in which case the disclaimers or limitations shall be modified to disclaim warranties and/or limit liabilities to the maximum extent permitted by law.

You agree to indemnify and hold harmless Tempo Automation and its parent, subsidiaries, affiliates, shareholders, directors, officers, employees, contractors, agents, predecessors, successors, and assigns from and against any claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) made against Tempo Automation by any third party that arise out of or in connection with your use of the Site.

You may not use or export or re-export any Content, or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of applicable export laws and regulations, including, but not limited to, the Export Administration Regulations (“EAR”) administered by the U.S. Department of Commerce, International Traffic in Arms Regulations (“ITAR”) administered by the U.S. Department of State, and embargo controls administered by the U.S. Department of the Treasury’s Office of Foreign Asset Controls (“OFAC”).

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, U.S.A. applicable to contracts made in and fully performed in the State of California, U.S.A., without giving effect to conflict of law principles that would cause the application of laws of any other jurisdiction.  The United Nations Convention on Contracts for the International Sales of Goods shall not apply to these Terms of Use.  You hereby consent to exclusive jurisdiction and venue in the state and federal courts located in the County of San Francisco, State of California, U.S.A. for resolution of any and all claims, causes of action, controversies, and disputes arising out of or in connection with these Terms of Use, and you agree to submit to the personal jurisdiction of those courts for such purposes and hereby waive any objections thereto based on personal jurisdiction, venue, or forum non-conveniens.  Any claim or cause of action arising out of these Terms of Use must be brought within one (1) year after the date the claim or cause of action accrues, or such claim or cause of action is barred.

These Terms of Use, together with the Privacy Policy and, if applicable, the Terms and Conditions of Sale, contain the entire agreement between you and Tempo Automation with respect to use of the Site and its Content, and they supersede any and all other prior and contemporaneous agreements, representations, promises, negotiations, and understandings of the parties, whether oral or in writing, concerning the use of the Site and its Content.  Any failure of Tempo Automation to enforce a provision of these Terms of Use shall not be deemed a waiver of such provision or of the right to enforce such provision on any other occasion.  In the event any provision of these Terms of Use is determined to be invalid or unenforceable, in whole or in part, then the invalid or unenforceable provision (or portion thereof) shall be deemed severed from these Terms of Use, and such invalidity or unenforceability shall not affect or impair the validity or enforceability of the remaining provisions of these Terms of Use, which shall continue in full force and effect.  The headings of the paragraphs are included for convenience only and are not to be considered in construing and interpreting these Terms of Use.  These Terms of Use shall not be construed to confer any rights or remedies on third parties.  Access to, or use of, the Site may be prohibited by law in certain countries or jurisdictions.  You are responsible for compliance with any applicable laws of the country from which you are accessing the Site.  If you have any questions, you may contact us via email at support@TempoAutomation.com, or by mail at Tempo Automation, Inc., 2460 Alameda Street, San Francisco, California 94103.

Tempo Automation, Inc. – April 2021