Terms of Use

 

Welcome to the future of data! We're glad you're here.

This website, TellusData.com (the "site"), is owned and operated by Think Ubiquitous, LLC ("Think Ubiquitous", "we" or “us”). By using the site, services provided on the site, or data content we make available to you through the services (collectively, "Services"), you agree to be bound by the following Terms of Service, as updated from time to time (collectively, the "Terms"). Please read them carefully. If you don’t agree to these Terms, you may not use the Services.

 

signing up

In order to use most Services, you must register for a Tellus Data account. By signing up for a Tellus Data account you are accepting to be bound by these terms of service, and you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions, including any additional guidelines and future modifications (collectively, the "terms"). Clicking on the “create account” button is the same as signing a hardcopy contractual agreement. If you do not agree to the terms of service, you should not click on this button.

Please carefully guard the security of your account. You are responsible for all use of the Services under your account, whether or not authorized. At our discretion, we may make limited exceptions to this policy for unauthorized use of your account if you notify us of the problem promptly.

You must be 13 years or older to use the Services. By registering as a user or providing personal information on the site, you represent that you are at least 13 years old.

If you are entering into this agreement on behalf of your company or another legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" will mean the entity you represent.

 

privacy

Your privacy is important to Think Ubiquitous, LLC. The Tellus Data Privacy Policy is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully for information relating to Think Ubiquitous, LLC.’s collection, use, and disclosure of your personal information.

 

Changes, UPdates & questions

We periodically update this Privacy Policy. Any changes will be effective from the time of publication of the new Privacy Policy.

Your use of the Websites or Subscription Services after changes to this Privacy Policy have been implemented implicitly expresses your acknowledgement and acceptance of the new Privacy Policy. If the new Privacy Policy does not suit you, you must no longer use the Websites or Subscription Services.

Any questions about this privacy policy, or if you want to update, delete, or change any personal information we hold, please contact us at privacy@think-ubiquitous.com.

 

our services

Tellus Data is a web-based service available at https://tellusdata.com that allows you to use software developed and owned by Think Ubiquitous, LLC. and offered as a software as a service in order to create, upload, store, transmit, disseminate, print and otherwise distribute data (herein, “Content”). Your use of The Service is at your own risk. The Service is provided on an AS IS and AS AVAILABLE basis.

Subject to these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license and right to:

  • Use the Services to develop scientific comfort and decision-making processes

  • You may make static exports and prints for non-commercial purposes such as flyers, posters, or other short publications for academic, non-profit, or personal use. All static and print materials must contain the required Tellus Data attribution. Commercial printing requires a custom plan, please contact our team for pricing.

You may only use the Services for non-commercial purposes, for commercial applications publicly accessible without charge, and for commercial mobile applications.

If you want to make use of the Services outside this description--such as in non-public applications, videos, or bulk print media--contact our team about an Enterprise plan.

 

Unlawful and other unauthorized uses

You agree to comply with all applicable laws, regulations, and third party agreements in your use of the Services. You are not, and are not controlled by an individual, organization or entity organized or located in a country or territory that is the target of sanctions imposed, or on any restricted or sanctioned party list maintained, by the U.S. Government, the European Union or the United Kingdom.

By agreeing to these Terms of Service you agree not to:

  1. Use the Services in any manner that could damage or overburden the Services or interfere with any other party's use of the Services.

  2. Aid or implement practices violating basic human rights or civil liberties. For the avoidance of doubt, you may not use the Services to assist in the creation of databases of identifying information for any government to abrogate any human rights, civil rights, or civil liberties of individuals on the basis of race, gender or gender identity, sexual orientation, religion, or national origin;

  3. Except as expressly permitted herein, use The Service for any purposes other than to access and use Tellus Data as such services are offered by Think Ubiquitous, LLC;

  4. Share a single login with multiple people. Your login may be used by only one person, but you may create separate logins for as many others as you desire;

  5. Export, re-export, or permit downloading of any content in violation of any export or import law, regulation, or restriction of the United States and its agencies or authorities, or without all required approvals, licenses, or exemptions;

  6. Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access Tellus Data accounts of others without permission, forge another persons' digital signature or identity, misrepresent the source, identity, or content of information transmitted via Tellus Data, or perform any other similar fraudulent activity;

  7. Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of Tellus Data. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;

  8. Use Tellus Data for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;

  9. Defame, harass, abuse, threaten or defraud Users of Tellus Data, or collect, or attempt to collect, personal information about Users or third parties without their consent;

  10. Use Tellus Data if you are not legally competent to do so;

  11. Remove, circumvent, disable, damage or otherwise interfere with security-related features of Tellus Data or User Content, features that prevent or restrict use or copying of any content accessible through Tellus Data, or features that enforce limitations on the use of Tellus Data or User Content;

  12. Intentionally interfere with or damage operation of Tellus Data or any user's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;

  13. Use any robot, spider, scraper, or other automated means to access Tellus Data for any purpose or bypass any measures Think Ubiquitous LLC. may use to prevent or restrict access to Tellus Data;

  14. Interfere with or disrupt Tellus Data or servers or networks connected to Tellus Data, or disobey any requirements, procedures, policies or regulations of networks connected to Tellus Data.

  15. Transmit viruses, trojan horses, or any other malicious code or program; or

  16. Engage in any other activity reasonably deemed by Think Ubiquitous LLC to be in conflict with the spirit or intent of these Terms.

You may not modify, create derivative works from, reverse engineer, or attempt to derive any source code from the site’s software, except as expressly permitted by a written license from us. Further, unless expressly prohibited under applicable law, you may not use the Services to develop, test, validate and/or improve any service or dataset that is a substitute for, or substantially similar to, the Services (including any portion thereof).

Think Ubiquitous LLC reserves the right to scan all Content to ensure compliance with these Terms of Service. In the event Think Ubiquitous LLC determines, in its sole discretion, that your use of Tellus Data is in violation of these Terms of Service, Think Ubiquitous LLC shall have the right without recourse by the User to immediately terminate your account.

 

End users and notification

You may not allow your end users or other third parties to use the Services in any way that would be a violation of these Terms if done by you, and you agree to take reasonable efforts to prevent such use. You agree to promptly notify Think Ubiquitous, LLC in writing if you become aware of any misappropriation or unauthorized use of the Services.

 

Documentation

In addition to the requirements above, you agree to adhere to the policies posted on this site in conjunction with the Services, including accompanying documentation. Those policies are incorporated by reference into these Terms.

Account, Payment, Refunds

When you use Tellus Data, you may be asked to establish an account and establish passwords. You are solely responsible for maintaining the confidentiality of your account and passwords and for restricting access to your computer and/or account, and you agree to accept responsibility for all activities that occur under your account or passwords. You agree that the information you provide to Think Ubiquitous LLC. on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify Think Ubiquitous LLC. You may be liable for the losses incurred by Think Ubiquitous LLC or others due to any unauthorized use of your Tellus Data account.

  1. A valid credit card may be required for creation of an account;

  2. The Service is billed in advance on a monthly or annual basis and is non-refundable. There will be no refunds or credits for partial months of service or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made;

  3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes;

  4. All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law.

 

Ownership

Your content

You retain ownership of all content that you contribute to the Services via Tellus Data excluding any content that you receive from Think Ubiquitous LLC ("Your Content") and any data byproducts generated by the Tellus Data Platform.

Limited to the purpose of hosting Your Content so that we can provide the Services to you, you hereby grant Think Ubiquitous LLC a non-exclusive, worldwide, royalty-free, fully paid-up, transferable and sublicensable right and license to use, copy, cache, publish, display, distribute, modify, create derivative works, and store Your Content and to allow others to do so. This right and license enables Tellus Data to host and mirror your content on its distributed platform. You warrant, represent, and agree that you have the right to grant Think Ubiquitous LLC these rights.

On termination of your account, Think Ubiquitous, LLC will make reasonable efforts to promptly remove from the site and cease use of Your Content; however, you recognize and agree that caching of or references to the content may not be immediately removed.

Our content and third party content

Other than Your Content, all content displayed on the site or accessible through the Services, including text, images, maps, software or source code, are the property of Tellus Data and/or third parties and are protected by United States and international intellectual property laws. Logos and product names appearing on or in connection with the Services are proprietary to Think Ubiquitous LLC or our licensors. You may not remove any proprietary notices or product identification labels from the Services.

Feedback

You agree that we may freely exploit and make available any and all feedback, suggestions, ideas, enhancement requests, recommendations or other information you provide relating to the Services.

Publicity

We're proud to have you as a customer. During the term of this agreement, you hereby grant us a worldwide, non-exclusive, royalty-free, fully paid-up, transferable and sublicensable license to use your trademarks, service marks, and logos for the purpose of identifying you as a Tellus Data customer to promote and market our services. But if you prefer we not use your logo or name in a particular way, just let us know, and we will respect that.

 

Account cancellation or suspension

We don't want you to leave, but you may cancel at any time. However, we do not give pro-rated refunds for unused time if you cancel during the middle of a billing cycle.

If you breach any of these Terms, we may immediately without notice cancel or suspend your account and the limited license granted to you hereunder automatically terminates, without notice to you. Upon termination of the limited license, you agree to immediately destroy any materials downloaded from the Services. In addition, Tellus Data may cancel or suspend your account for any reason by providing you 30 days' advance notice.

Upon cancellation or suspension, your right to use the Services will stop immediately. You may not have access to data that you stored on the site after we cancel or suspend your account. You are responsible for backing up data that you use with the Services. If we cancel your account in its entirety without cause, we will refund to you on a pro-rata basis the amount of your payment corresponding to the portion of your service remaining right before we cancelled your account.

Changes to services or terms

We may modify these Terms and other terms related to your use of the Services (like our privacy policy) from time to time, by posting the changed terms on the site. All changes will be effective immediately upon posting to the site unless they specify a later date. Changes will not apply retroactively. Please check these Terms periodically for changes - your continued use of the Services after new terms become effective constitutes your binding acceptance of the new terms.

We may change the features and functions of the Services. It is your responsibility to ensure that calls or requests you makes to the Services are compatible with then-current Tellus Data visualizations. We attempt to avoid changes, but such changes may occasionally be required. If that happens, we will use reasonable efforts to notify you prior to deploying the changes.

 

Indemnification

You agree to indemnify and hold harmless Tellus Data and its subsidiaries, affiliates, officers, agents, partners, and employees from any claim or demand, including reasonable attorneys' fees, arising out of:

  • Your use of the Services;

  • Your violation of these Terms;

  • Your end users’ use of the Services in or through an application or service you provide;

  • Content you or your end users submit, post to, extracts from, or transmit through the Services.

 

Disclaimers

“As is," "as available" and "with all faults." YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SITE AND ITS SOFTWARE, SERVICES, MAPS, AND OTHER CONTENT, INCLUDING ANY THIRD-PARTY SOFTWARE, SERVICES, MEDIA, OR OTHER CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THINK UBIQUITOUS, LLC DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Tellus Data OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Website operation. THINK UBIQUITOUS, LLC DOES NOT WARRANT THAT THE SERVICES, INCLUDING ANY SOFTWARE, SERVICES, MAPS, OR CONTENT OFFERED ON OR THROUGH THE SITE OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

Non-Tellus Data content. WHEN USING THE SERVICES YOU MAY BE EXPOSED TO USER SUBMISSIONS AND OTHER THIRD PARTY CONTENT ("NON-TELLUS DATA CONTENT"), AND SOME OF THIS CONTENT MAY BE INACCURATE, OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE. WE DO NOT ENDORSE ANY NON-TELLUS DATA CONTENT. UNDER NO CIRCUMSTANCES WILL THINK UBIQUITOUS LLC BE LIABLE FOR OR IN CONNECTION WITH THE NON-TELLUS DATA CONTENT, INCLUDING FOR ANY INACCURACIES, ERRORS, OR OMISSIONS IN ANY NON-TELLUS DATA  CONTENT, ANY INTELLECTUAL PROPERTY INFRINGEMENT WITH REGARD TO ANY NON-TELLUS DATA CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY NON-TELLUS DATA CONTENT.

Accuracy. THINK UBIQUITOUS, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Harm to your computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN SOFTWARE, SERVICES, MAPS, OR CONTENT THROUGH THE SITE OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR USE.

Jurisdiction. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

Limitation of liability

Limitation of liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING NEGLIGENCE, SHALL THINK UBIQUITOUS, LLC OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE SERVICES OR THE SITE, INCLUDING SOFTWARE, SERVICES. MAPS, CONTENT, USER SUBMISSIONS, OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE, EVEN IF Think Ubiquitous LLC OR A Think Ubiquitous LLC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of damages. IN NO EVENT SHALL THE TOTAL LIABILITY OF THINK UBIQUITOUS, LLC OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS THE SERVICES OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100 USD) OR FEES PAID OR PAYABLE TO THINK UBIQUITOUS, LLC IN THE TWELVE MONTHS PERIOD PRIOR TO THE DATE ON WHICH THE DAMAGE OCCURRED.

Claim period. YOU AND THINK UBIQUITOUS, LLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF THESE TERMS OR RELATED TO THINK UBIQUITOUS, LLC MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

Digital Millennium Copyright Act compliance

If you are a copyright owner or an agent thereof, and believe that any user submission or other Tellus Data content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Think Ubiquitous LLC with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on Think Ubiquitous LLC are covered by a single notification, a representative list of such works from Think Ubiquitous LLC;

  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Think Ubiquitous LLC to locate the material;

  4. Information reasonably sufficient to permit Think Ubiquitous LLC to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;

  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please email your notification to the Think Ubiquitous LLC.

 

Additional terms

You agree to keep the contact information associated with your Tellus Data account current and complete.

You may not encourage others to violate these Terms, including by selling products or services that would violate these Terms if the products or services are used in their intended manner.

You may not create multiple accounts for the purpose of increasing the services that you receive under a Tellus Data plan. Except as provided in these Terms, the license and right to use the Services is granted only to you and may not be transferred to anyone without the prior written consent of Think Ubiquitous LLC. These Terms shall benefit Think Ubiquitous LLC and its successors and assignees.

You shall not assign these Terms or any right, interest or benefit hereunder without the prior written consent of Think Ubiquitous LLC, which may be withheld for any reason or no reason at all. Think Ubiquitous LLC may assign (i) these Terms to an affiliate, (ii) these Terms or any right, interest or benefit hereunder to a third party in connection with a collection proceeding against you, and (iii) these Terms in their entirety to its successor in interest pursuant to a merger, acquisition, corporate reorganization, or sale of all or substantially all of that party’s business or assets to which these Terms relate.

These Terms are governed by and construed in accordance with the laws of New Mexico, without giving effect to any principles of conflicts of law. Any action arising out of or relating to these Terms must be filed in the state or federal courts for Bernalillo County, New Mexico, USA, and you hereby consent and submit to the exclusive personal jurisdiction and venue of these courts for the purposes of litigating any such action.

A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Think Ubiquitous, LLC to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Think Ubiquitous, LLC  reserves all rights not expressly granted to you.

If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Headings are for convenience only and have no legal or contractual effect.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Think Ubiquitous LLC as a result of these Terms or your use of the Services. You further acknowledge no confidential, fiduciary, contractually implied, or other relationship is created between you and Think Ubiquitous LLC other than pursuant to these Terms.