Terms of Service
Welcome to the Tellus EHS Platform ("Platform"), operated by Tellus EHS ("Tellus," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website at tellusehs.com, the Tellus EHS web application, mobile applications, APIs, and all related services (collectively, the "Service").
By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
If you do not agree to these Terms, do not use the Service.
1. Definitions
- "Account" means the user account you create to access the Service.
- "Company" means the legal entity or organization that subscribes to the Service.
- "Company Data" means all data, documents, safety data sheets (SDS), chemical inventories, training records, compliance plans, and other content uploaded, entered, or generated within your Company's workspace.
- "Authorized User" means any individual granted access to the Service under a Company's subscription.
- "Subscription" means the paid or free-tier plan selected by a Company that determines access to features, modules, and usage limits.
2. Eligibility
You must be at least 18 years old and capable of forming a binding contract to use the Service. The Service is designed for business use by organizations with workplace safety obligations. It is not intended for personal, consumer use.
3. Account Registration
3.1. You must provide accurate, complete, and current information when creating an Account.
3.2. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account.
3.3. You must notify us immediately at support@tellusehs.com if you become aware of any unauthorized access to your Account.
3.4. We reserve the right to suspend or terminate Accounts that contain inaccurate information or violate these Terms.
4. Subscription Plans and Payment
4.1. Free Trial. We may offer a free trial period. At the end of the trial, your access will be downgraded to the free tier unless you select a paid Subscription.
4.2. Paid Subscriptions. Paid plans are billed on a monthly or annual basis as selected at the time of purchase. All fees are quoted in U.S. dollars unless otherwise stated.
4.3. Payment Terms. Payment is due at the start of each billing cycle. We use third-party payment processors and do not store your full payment card details on our servers.
4.4. Price Changes. We may change pricing with at least 30 days' advance notice. Price changes take effect at the start of your next billing cycle following the notice period.
4.5. Refunds. Fees are non-refundable except where required by applicable law or as expressly stated in a written agreement with Tellus.
4.6. Taxes. You are responsible for all applicable taxes. If we are required to collect taxes, they will be added to your invoice.
5. Use of the Service
5.1. Permitted Use
You may use the Service solely for your organization's internal business purposes related to environmental health and safety (EHS) management, hazard communication compliance, chemical inventory management, safety training, and related activities.
5.2. Restrictions
You agree not to:
- (a) Use the Service for any unlawful purpose or in violation of any applicable law or regulation;
- (b) Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service;
- (c) Sublicense, resell, rent, lease, or otherwise make the Service available to any third party, except to Authorized Users under your Subscription;
- (d) Remove, alter, or obscure any proprietary notices, labels, or marks on the Service;
- (e) Use the Service to build a competing product or service;
- (f) Interfere with or disrupt the integrity or performance of the Service;
- (g) Attempt to gain unauthorized access to the Service, other Accounts, or our systems;
- (h) Upload content that is malicious, infringing, defamatory, or otherwise objectionable;
- (i) Use automated means (bots, scrapers, crawlers) to access the Service without our prior written consent;
- (j) Exceed the usage limits of your Subscription plan.
6. Company Data and Ownership
6.1. Your Data, Your Ownership. You retain all right, title, and interest in your Company Data. Tellus does not claim ownership of any data you upload or create within the Service.
6.2. License to Tellus. You grant Tellus a limited, non-exclusive, worldwide license to host, store, process, and display your Company Data solely as necessary to provide and improve the Service. This license terminates when you delete your Company Data or close your Account.
6.3. Aggregated and Anonymized Data. We may create aggregated, de-identified, and anonymized data derived from your use of the Service ("Aggregated Data"). Aggregated Data does not identify you or your Company and may be used by Tellus for analytics, benchmarking, product improvement, and industry research.
6.4. Data Portability. You may export your Company Data at any time through the Service's export features. Upon termination of your Account, we will make your data available for export for 30 days, after which it may be permanently deleted.
7. AI-Powered Features
7.1. The Service includes AI-powered features, including but not limited to: automated SDS parsing, AI-generated HazCom plans, AI course generation, EHS compliance evaluation, and PPE recommendations (collectively, "AI Features").
7.2. Informational Purposes Only. AI Features are provided as decision-support tools. Outputs from AI Features are not a substitute for professional judgment, legal advice, or consultation with qualified EHS professionals. You are solely responsible for verifying AI outputs and making compliance decisions.
7.3. No Guarantee of Accuracy. While we strive for accuracy, AI outputs may contain errors, omissions, or outdated information. Tellus does not warrant that AI-generated content is complete, accurate, or suitable for any particular regulatory requirement.
7.4. Human Review Required. All AI-generated content (including HazCom plans, training courses, and compliance recommendations) should be reviewed and approved by a qualified person before being relied upon for compliance purposes.
8. Regulatory Compliance Disclaimer
8.1. The Service is designed to assist organizations in managing hazard communication and EHS compliance obligations. However, Tellus is not a law firm, regulatory agency, or compliance certifier.
8.2. The Service does not guarantee compliance with OSHA, GHS, EPA, DOT, or any other federal, state, local, or international regulation.
8.3. You are solely responsible for ensuring that your workplace safety programs, chemical management practices, and hazard communication activities meet all applicable legal and regulatory requirements.
8.4. Regulatory requirements change frequently. While we endeavor to keep the Service current, there may be delays between regulatory changes and updates to the Service.
9. Intellectual Property
9.1. The Service, including its software, design, text, graphics, logos, and all related intellectual property, is owned by Tellus EHS or its licensors and is protected by copyright, trademark, and other intellectual property laws.
9.2. These Terms do not grant you any right to use Tellus trademarks, logos, or brand features without our prior written consent.
9.3. We welcome feedback and suggestions about the Service. By providing feedback, you grant Tellus an unrestricted, perpetual, irrevocable license to use that feedback for any purpose without compensation to you.
10. Third-Party Services
10.1. The Service may integrate with or contain links to third-party services (e.g., payment processors, authentication providers, regulatory databases). Your use of third-party services is governed by their respective terms and policies.
10.2. Tellus is not responsible for the availability, accuracy, or practices of any third-party service.
11. Service Availability and Support
11.1. We strive to maintain high availability but do not guarantee uninterrupted access to the Service. Scheduled maintenance windows will be communicated in advance when possible.
11.2. Support is provided based on your Subscription plan. Details of support levels are described on our Subscription Tiers page.
11.3. We reserve the right to modify, suspend, or discontinue any feature of the Service at any time, with reasonable notice for material changes.
12. Termination
12.1. By You. You may cancel your Subscription and close your Account at any time through the Service or by contacting support@tellusehs.com.
12.2. By Tellus. We may suspend or terminate your access if you breach these Terms, fail to pay fees when due, or engage in activity that threatens the security or integrity of the Service. We will provide notice and an opportunity to cure where practicable.
12.3. Effect of Termination. Upon termination: (a) your right to access the Service ceases; (b) you remain liable for any outstanding fees; (c) Company Data will be available for export for 30 days, then may be permanently deleted; (d) provisions that by their nature should survive (including Sections 6, 9, 13, 14, 15, and 16) will remain in effect.
13. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TELLUS DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
TELLUS DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (B) ANY DEFECTS WILL BE CORRECTED; (C) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS; OR (D) ANY CONTENT OR DATA PROVIDED THROUGH THE SERVICE (INCLUDING AI-GENERATED CONTENT) IS ACCURATE, COMPLETE, OR RELIABLE.
14. Limitation of Liability
14.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TELLUS'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO TELLUS IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
14.2. IN NO EVENT SHALL TELLUS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY; COST OF SUBSTITUTE SERVICES; REGULATORY FINES OR PENALTIES; OR WORKPLACE INCIDENTS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY.
14.3. These limitations apply even if Tellus has been advised of the possibility of such damages and even if a limited remedy fails of its essential purpose.
15. Indemnification
You agree to indemnify, defend, and hold harmless Tellus, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your Company Data or any content you provide through the Service.
16. Dispute Resolution
16.1. Governing Law. These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles.
16.2. Informal Resolution. Before filing any formal proceeding, you agree to contact us at legal@tellusehs.com to attempt to resolve the dispute informally for at least 30 days.
16.3. Arbitration. Any dispute not resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware, or remotely as agreed by the parties.
16.4. Class Action Waiver. You agree that disputes will be resolved on an individual basis and waive any right to participate in a class, collective, or representative action.
16.5. Exceptions. Either party may seek injunctive relief in any court of competent jurisdiction for intellectual property infringement or unauthorized access to the Service.
17. General Provisions
17.1. Entire Agreement. These Terms, together with our Privacy Policy and any Order Form or Subscription agreement, constitute the entire agreement between you and Tellus regarding the Service.
17.2. Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.
17.3. Waiver. Failure to enforce any provision of these Terms does not constitute a waiver of that provision.
17.4. Assignment. You may not assign these Terms without our prior written consent. Tellus may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets.
17.5. Force Majeure. Tellus shall not be liable for any delay or failure to perform due to causes beyond our reasonable control, including natural disasters, pandemics, government actions, or internet disruptions.
17.6. Notices. We may send notices to the email address associated with your Account. You may send notices to legal@tellusehs.com.
18. Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will notify you by email or through the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Service and close your Account.
19. Contact Us
If you have questions about these Terms, please contact us:
Tellus EHS Email: legal@tellusehs.com Support: support@tellusehs.com Website: tellusehs.com