Legal notice

TESNA Legal, Terms, and Disclaimer Notice

 

Effective Date: 01 May 2026)

This Legal and Disclaimer Notice (“Notice”) governs the use of the TESNA online publication, website (TESNA.com and associated subdomains), e-commerce platform, mobile applications (the “Integrated App”), and the purchase and use of all physical products, including but not limited to earphones, headphones, and Bluetooth speakers (collectively, the “Services” and “Products”).

By accessing or using the Services, or by purchasing Products, you signify your unreserved acceptance of this Notice. If you do not agree, you must immediately cease all use of the Services and not use the Products.

1. Intellectual Property Rights

1.1. TESNA Assets. All content and materials included in the Services and on the Products—such as text, graphics, logos (including the TESNA and TesnaMusic wordmarks and the ‘TF’ icon), button icons, images, audio clips, digital downloads, data compilations, software (specifically the Integrated App), and proprietary engineering schematics—are the exclusive property of TESNA or its content suppliers and are protected by international copyright, trademark, patent, and trade dress laws.

1.2. Limited License. TESNA grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes only. Any unauthorized use, reproduction, modification, distribution, or republication of TESNA’s intellectual property is strictly prohibited and may result in severe civil and criminal penalties.

2. Disclaimer of Warranties and Product Information

2.1. "As Is" Basis. The Services and Products are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, TESNA disclaims all representations and warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title.

2.2. Product Accuracy. While TESNA strives for maximum accuracy in product descriptions, technical specifications, photographs, and pricing, we do not warrant that this content is complete, current, reliable, or error-free. Information is subject to change at any time without notice.

  • Acoustic Specifications: Measurements regarding RMS power (e.g., 45W), frequency response (e.g., 60Hz - 20kHz), and signal-to-noise ratio (e.g., ≥ 80 dB) are conducted under controlled laboratory conditions. Real-world performance may vary based on audio source, playback volume, and environmental acoustics.

2.3. Lifestyle & Subjective Claims. Claims regarding “soul-stirring sound,” “crystal-clear audio,” and “luxury experiences” are subjective interpretations intended to describe the premium nature of the TESNA Product lineup. They are not guaranteed outcomes and individual results will differ.

3. Important Health and Safety Disclaimer

3.1. Hearing Health. TESNA Products are high-performance audio devices capable of producing high sound pressure levels. Prolonged exposure to high-volume audio, whether via earphones, headphones, or speakers, can cause permanent hearing damage (noise-induced hearing loss).

3.2. User Responsibility. You are exclusively responsible for monitoring and controlling the volume of your TESNA device.

  • You agree to never use TESNA Products at high volume levels for extended periods.

  • TESNA is not liable for any temporary or permanent hearing loss, tinnitus, or other health issues resulting from the use or misuse of our Products. Always listen responsibly and adhere to the guidelines provided by your national health authority.

3.3. Situational Awareness. Do not use TESNA Products (especially those featuring Active Noise Cancellation or an isolating TWS fit) in situations that require full situational awareness, such as when operating machinery, driving, or walking/cycling in traffic.

4. Tesna Integrated App Disclaimer

4.1. Access and Updates. The TESNA Integrated App is optional but required to access full product functionality, such as custom EQ profiles, firmware updates, and advanced controls. Access is provided without warranty, and TESNA may update, modify, suspend, or discontinue the App or any specific feature at any time without notice.

4.2. Custom EQ Settings. While the App allows for extensive acoustic customization, extreme settings (e.g., maximum boost at specific frequencies) combined with full volume could potentially damage Product components or overexpose your hearing. TESNA is not liable for hardware damage or hearing injury caused by user-configured EQ settings within the App.

5. Limitation of Liability

To the fullest extent permitted by applicable law, TESNA and its affiliates, directors, officers, employees, agents, and content suppliers will not be liable for any damages of any kind arising from:

  • The use of, or inability to use, the Services or Products.

  • Personal injury, property damage, or hardware malfunctions resulting from normal use, misuse, or abuse of the Products.

  • Errors or omissions in the online publication or documentation.

  • Temporary or permanent data loss, unauthorized access to data, or the presence of viruses or malware in the Integrated App.

This limitation includes direct, indirect, incidental, punitive, special, and consequential damages (including, but not limited to, loss of profits, data loss, business interruption, or injury to reputation), even if TESNA has been advised of the possibility of such damages. The exclusive remedy and TESNA’s entire liability for any claim shall not exceed the purchase price of the specific Product or Service that gave rise to the claim.

6. Applicable Law and Dispute Resolution

6.1. Jurisdiction. This Notice and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of South Africa 

6.2. Arbitration. Any dispute relating to this Notice, the Services, or the Products shall be submitted to confidential and binding arbitration in [Insert City, Country], in accordance with the rules of [Insert Arbitration Body]. The arbitrator’s award shall be final and binding.

7. Modifications to this Notice

TESNA reserves the right to modify, amend, or update this Legal and Disclaimer Notice at any time. Any changes will be posted to this page and will be effective immediately upon posting. Your continued use of the Services or Products after such changes signifies your acceptance of the new terms. We encourage you to review this Notice periodically.

8. Contact Information

If you have any questions, concerns, or require further clarification regarding this Legal Notice, please contact TESNA’s Legal Department at:

TESNA South Africa - legalstuff@tesnapro.co.za