Website Terms of Service

Last updated: June 20, 2026

1. Agreement to Terms

These Website Terms of Service (these “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Temper Technologies Inc. (“Temper,” “we,” “us,” or “our”), concerning your access to and use of www.ontemper.com, together with any other media form, media channel, mobile website, or related online property that links to these Terms (collectively, the “Site”). Temper has its principal place of business at 1 Sansome Street, Suite 1400, San Francisco, California 94104, United States. By accessing or using the Site, you confirm that you have read, understood, and agree to be bound by all of these Terms.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms, conditions, or documents that may be posted on the Site from time to time are expressly incorporated into these Terms by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you to changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. Please review these Terms each time you use the Site so that you understand which terms apply. You will be deemed to have accepted the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted.

The information provided on the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, to the extent local laws apply.

The Site is a general business and marketing website. It is not tailored to comply with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), or the Gramm-Leach-Bliley Act (GLBA). If your interactions with the Site would be subject to such laws, you may not use the Site for those purposes.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use the Site.

2. Access to the Platform; No Self-Service Signup

The Site is an informational and marketing website. Temper’s agentic integration platform and related services (the “Platform”) are made available only to business customers under a separate written agreement between Temper and the customer (a “Services Agreement”). The Site does not offer self-service registration, online ordering, or online purchase of the Platform, and no right to access or use the Platform is granted through the Site.

If you wish to evaluate or use the Platform, please contact us to discuss a Services Agreement. Your access to and use of the Platform is governed solely by the applicable Services Agreement and not by these Terms. In the event of any conflict between these Terms and a Services Agreement with respect to the Platform, the Services Agreement controls.

3. Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein, including “Temper” and the Temper logo (the “Marks”), are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

4. User Representations

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise, except as expressly permitted under these Terms; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Site (or any portion thereof).

5. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  • Systematically retrieve data or other Content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Use the Site or any Content to train, develop, or improve any machine learning model, large language model, or other artificial intelligence system, or to build, train, or test any product or service that competes with us.
  • Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or that enforce limitations on the use of the Site or the Content.
  • Disparage, tarnish, or otherwise harm, in our opinion, us or the Site.
  • Use any information obtained from the Site in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Site in a manner inconsistent with any applicable laws or regulations, or engage in unauthorized framing of or linking to the Site.
  • Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming, that interferes with any party’s uninterrupted use and enjoyment of the Site, or that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  • Engage in any automated use of the system, such as using scripts to send messages, or using any data mining, robots, scrapers, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content, or attempt to impersonate another user or person.
  • Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including web beacons, clear gifs, 1x1 pixels, web bugs, cookies, or other similar devices.
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  • Copy or adapt the Site’s software, including but not limited to HTML, CSS, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • Except as may result from standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including any spider, robot, scraper, or offline reader that accesses the Site, or launch any unauthorized script or other software.
  • Make any unauthorized use of the Site, including collecting usernames or email addresses of users by electronic or other means for the purpose of sending unsolicited email.
  • Use the Site as part of any effort to compete with us, or otherwise use the Site or the Content for any revenue-generating endeavor or commercial enterprise.

6. Submissions and Contributions

The Site may provide you with the opportunity to submit inquiries, demo or contact requests, job applications, comments, suggestions, feedback, or other materials (collectively, “Contributions”). Any Contributions you submit may be treated in accordance with our Privacy Policy. When you submit any Contributions, you represent and warrant that:

  • The creation, distribution, transmission, public display, performance, accessing, downloading, or copying of your Contributions does not and will not infringe the proprietary rights, including the copyright, patent, trademark, trade secret, or moral rights, of any third party.
  • You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us and the Site to use, your Contributions in any manner contemplated by the Site and these Terms.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone, and do not harass or threaten any other person or promote violence against any person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule, or the privacy or publicity rights of any third party.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Site.

You and the Site agree that we may access, store, process, and use any information and personal data that you provide in accordance with our Privacy Policy and your choices, including settings. We do not assert ownership over your Contributions; you retain full ownership of your Contributions and any intellectual property rights associated with them. By submitting any suggestions, feedback, or other information regarding the Site (“Feedback”), you agree that we may use and share such Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you, and you waive all moral rights to any such Feedback. You are solely responsible for your Contributions, and you agree to release us from any and all responsibility, and to refrain from any legal action against us, regarding your Contributions.

7. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy, available at www.ontemper.com/privacy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. The Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site you are transferring your data to the United States, and you consent to have your data transferred to and processed in the United States.

8. Site Management

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

9. Term and Termination

These Terms remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION.

If we terminate or suspend your access for any reason, you are prohibited from accessing the Site under your name, a fake or borrowed name, or the name of any third party, even if you are acting on behalf of the third party. In addition to terminating or suspending your access, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.

10. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on the Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California and the United States, without regard to its conflict of law principles. The exclusive jurisdiction and venue for any action related to the subject matter of these Terms shall be the state courts or the United States District Court located in San Francisco, California, and you and we submit to the personal jurisdiction of these courts. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) are excluded from these Terms.

12. Dispute Resolution

Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each, a “Dispute”), you and we agree to first attempt to negotiate any Dispute (except those Disputes expressly excepted below) informally for at least thirty (30) days before initiating any proceeding. Such informal negotiations commence upon written notice from one party to the other.

Class Action Waiver. To the fullest extent permitted by law, you and we agree that any Dispute will be brought in each party’s individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. No Dispute may be joined with any other proceeding, and there is no right or authority for any Dispute to be brought on a class-action basis or in a representative capacity on behalf of the general public or any other persons.

Exceptions. The following Disputes are not subject to the foregoing provisions concerning informal negotiations and the class action waiver: (a) any Dispute seeking to enforce or protect, or concerning the validity of, any intellectual property right of a party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

13. Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

14. Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

15. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS (USD $100.00). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

16. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Site; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

17. User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you waive any right of action against us arising from any such loss or corruption.

18. Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records.

19. Miscellaneous

These Terms and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us with respect to the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them. You waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto.

20. Contact Us

In order to resolve a complaint regarding the Site, or to receive further information regarding use of the Site, please contact us at:

  • Temper Technologies Inc.
  • 1 Sansome Street, Suite 1400
  • San Francisco, California 94104
  • United States
  • Email: support@ontemper.com

For legal notices, please email support@ontemper.com with “Attn: Legal Department” in the subject line.