Terms of Use

Effective date: October 27, 2026
Last updated: October 27, 2026

1. About These Terms

These Terms of Use ("Terms") govern your access to and use of the Tuxwell corporate website at tuxwell.com and www.tuxwell.com (collectively, the "Site"), operated by Tuxwell LLC ("Tuxwell," "we," "us," or "our").

Tuxwell LLC is a Colorado limited liability company based in unincorporated El Paso County, Colorado, United States.

By accessing or using the Site, you agree to these Terms to the extent permitted by applicable law. When submitting a contact form, you must expressly accept these Terms by selecting the required acknowledgment checkbox. If you do not agree, please do not use the Site.

These Terms apply only to the corporate Site and not to separately offered Tuxwell software products, applications, or services.

2. Purpose of the Site

The Site provides information about Tuxwell, our business, software products, services, and technologies, as well as ways to contact us.

The Site does not currently offer user accounts, direct purchases, or paid subscriptions.

Information on the Site is provided for general informational purposes and may change without notice. Product descriptions, capabilities, availability, roadmaps, release dates, pricing references, and other statements are subject to change.

Nothing on the Site constitutes a binding offer, warranty, commitment to deliver a particular feature, or obligation to provide a specific product or service.

Any commercial relationship with Tuxwell is subject to a separate applicable agreement.

3. Acceptable Use

You may use the Site for lawful purposes and in accordance with these Terms.

You agree not to:

• Attempt to gain unauthorized access to the Site, its infrastructure, servers, networks, or connected systems.
• Interfere with or disrupt the Site's operation, availability, performance, or security.
• Introduce malware, viruses, malicious scripts, or other harmful technologies.
• Use automated tools, scripts, bots, or scraping technologies in ways that impose unreasonable loads, circumvent technical restrictions, or disrupt normal operation.
• Use the Site or its contact forms to distribute spam, malicious content, fraudulent communications, or unlawful materials.
• Impersonate another person or entity or misrepresent your identity or affiliation.
• Copy, redistribute, modify, or commercially exploit Site content without authorization, except as permitted by these Terms or applicable law.
• Use the Site in any manner that violates applicable laws or infringes upon the rights of others.

Tuxwell may implement reasonable security controls, restrict access, or take other appropriate measures to protect the Site from misuse or security threats.

Nothing in these Terms prohibits activities expressly protected by applicable law.

4. Intellectual Property and Trademarks

The Site and its original content, including text, graphics, software, designs, visual elements, and other materials, are owned by Tuxwell or its respective licensors and are protected by applicable intellectual property laws.

You may access, view, download, or print reasonable portions of the Site for personal, informational, or internal business reference purposes, provided that applicable copyright and trademark notices are preserved.

No ownership interest or broader license is transferred through your use of the Site.

Tuxwell, the Tuxwell wordmark, the Tuxwell penguin logo, and the other trademarks listed on our Trademarks page are trademarks of Tuxwell LLC. Tuxwell LLC reserves all rights in its trademarks.

Other names, trademarks, and logos appearing on the Site remain the property of their respective owners.

Please refer to our Trademarks page for additional guidance regarding the permitted use of Tuxwell brand assets.

Except as expressly authorized or otherwise permitted by applicable law, you may not use Tuxwell branding in a manner that falsely suggests sponsorship, affiliation, endorsement, or approval.

5. Contact Forms and Communications

The Site provides contact forms and email addresses through which visitors may communicate with Tuxwell.

By submitting a contact form, you expressly acknowledge and agree to these Terms through the required acceptance checkbox.

When contacting us, you agree to provide information that is accurate to the best of your knowledge and not to submit unlawful, misleading, abusive, fraudulent, or malicious content.

Please do not send sensitive personal information, including financial account details, government identification numbers, medical information, passwords, or confidential information unnecessary for your inquiry.

Unless expressly agreed otherwise in writing, messages, business proposals, suggestions, feedback, and unsolicited ideas submitted to Tuxwell are not considered confidential and do not create a fiduciary, advisory, employment, or contractual relationship.

We may review and consider voluntarily submitted suggestions or feedback without any obligation to implement them, compensate the sender, or enter into a business relationship. Submission of an idea does not transfer ownership of intellectual property to Tuxwell.

Personal information submitted through the Site will be handled as described in our Privacy Policy and in accordance with applicable law.

Submitting an inquiry does not guarantee a response or create an obligation for Tuxwell to provide any product or service.

6. Third-Party Websites and Services

The Site may contain links to websites, platforms, products, or services operated by third parties.

These links are provided for convenience or informational purposes and do not necessarily imply endorsement, sponsorship, or affiliation.

Tuxwell does not control and is not responsible for the content, availability, security, privacy practices, or terms of third-party websites or services.

Your use of third-party services is subject to their respective terms and policies.

7. Separate Product Agreements

Tuxwell develops and may offer software products, platforms, APIs, integrations, and related services, including Icefloe.

These Terms govern only the corporate Site. They do not govern access to or use of separate Tuxwell software applications, customer environments, subscriptions, APIs, or other commercial services.

Those offerings are governed by their respective terms of service, subscription agreements, license agreements, privacy notices, or other applicable contractual documents.

If these Terms conflict with an agreement governing a separately offered Tuxwell product or service, the applicable product or service agreement controls with respect to that offering.

8. Disclaimers

The Site and its content are provided on an "AS IS" and "AS AVAILABLE" basis.

To the fullest extent permitted by applicable law, Tuxwell disclaims all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant or guarantee that:

• The Site will always be available, secure, uninterrupted, or error-free.
• The Site or its infrastructure will be free of viruses, vulnerabilities, or harmful components.
• Information presented on the Site will always be accurate, complete, reliable, or current.
• Any described or planned product, feature, integration, or service will become available or remain available.

Nothing in these Terms excludes any warranty or right that cannot lawfully be excluded.

9. Limitation of Liability

To the fullest extent permitted by applicable law, Tuxwell LLC and its officers, employees, representatives, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or relating to your access to, use of, or inability to use the Site.

This includes, without limitation, loss of profits, revenue, business opportunities, goodwill, or data, even if Tuxwell has been advised of the possibility of such damages.

These limitations apply regardless of the legal theory asserted, including contract, tort, negligence, or otherwise, to the extent permitted by applicable law.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.

Some jurisdictions do not permit certain limitations of liability. In those jurisdictions, these limitations apply only to the extent legally permitted.

10. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Tuxwell LLC and its officers, employees, and agents from third-party claims, liabilities, damages, losses, and reasonable legal expenses arising directly from:

• Your unlawful or unauthorized use of the Site.
• Your material violation of these Terms.
• Your infringement of another party's intellectual property or other legal rights through your use of the Site.

This obligation does not apply to the extent a claim arises from Tuxwell's own wrongful conduct or where indemnification is otherwise prohibited by applicable law.

11. Governing Law and Dispute Resolution

These Terms and any dispute arising from or relating to the Site or these Terms are governed by the laws of the State of Colorado, United States, without regard to conflict-of-law principles that would require the application of another jurisdiction's laws.

Subject to any applicable law requiring otherwise, legal proceedings arising from or relating to these Terms or the Site shall be brought in a state court of competent jurisdiction located in El Paso County, Colorado, or, where federal subject-matter jurisdiction exists, in the United States District Court for the District of Colorado.

Each party consents to the personal jurisdiction and venue of those courts to the extent permitted by applicable law.

Nothing in this section limits rights or protections that cannot lawfully be waived, including applicable consumer protection rights or mandatory jurisdictional requirements.

Before initiating formal legal proceedings, we encourage you to contact us at info@tuxwell.com to seek an informal resolution. This is not a mandatory prerequisite to pursuing legal remedies.

12. Changes to These Terms

Tuxwell may revise these Terms from time to time to reflect changes in our operations, Site functionality, legal requirements, or business practices.

When changes are made, we will publish the revised Terms on the Site and update the "Last updated" date.

Changes generally take effect when posted, unless a later effective date is specified. We may provide additional notice of material changes where appropriate or legally required.

Your continued use of the Site after revised Terms take effect constitutes acceptance of the updated Terms to the extent permitted by applicable law. Where affirmative acceptance is required, we will seek such acceptance.

Changes do not retroactively alter rights or obligations where prohibited by law.

If you disagree with revised Terms, you should discontinue using the Site.

13. General Provisions

Severability. If any provision of these Terms is held invalid, unlawful, or unenforceable, the remaining provisions will remain in effect to the extent legally permissible.

No Waiver. Tuxwell's failure to enforce a provision of these Terms does not constitute a waiver of its right to enforce that provision later.

Entire Agreement. These Terms constitute the entire agreement between you and Tuxwell concerning use of the corporate Site and supersede prior understandings regarding that use. The Privacy Policy separately describes how we handle personal information.

No Agency. Nothing in these Terms creates a partnership, joint venture, employment, agency, or fiduciary relationship between you and Tuxwell.

Applicable Law. Nothing in these Terms limits rights or remedies that cannot be restricted under applicable law.

14. Contact Information

If you have questions regarding these Terms of Use, please contact:

Email: info@tuxwell.com

For information regarding our handling of personal information, please review our Privacy Policy.