Terms of Service

These Terms of Service apply to your access to and use of the Tinycardo websites, mobile applications and other online products and services provided by us.

These Terms of Service apply to your access to and use of the websites (www.tinycardo.com and app.tinycardo.com), mobile applications and other online products and services provided by us. By clicking your consent (e.g. "Sign-in,") or by using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in the Resolving Disputes; Binding Arbitration Section.

Our Privacy Policy explains how we collect and use your information, while our Rules outline your responsibilities when using our Services. By using our Services, you're agreeing to be bound by these Terms and our Rules. Please see our Privacy Policy for information about how we collect, use, share and otherwise process information about you.

Your Account and Responsibilities

You're responsible for your use of the Services and any content you provide, including compliance with applicable laws. Content on the Services may be protected by others' intellectual property rights. Please don't copy, upload, download, or share content unless you have the right to do so.

Your use of the Services must comply with our Rules.

You may need to register for an account to access some or all of our Services. Help us keep your account protected. Safeguard your password to the account, and keep your account information current. We recommend that you do not share your password with others.

If you're accepting these Terms and using the Services on behalf of someone else (such as another person or entity), you represent that you have full legal authority to bind that person or entity to these Terms.

User Content on the Services

Some areas of the Services allow users to post content such as profile information, comments, questions, and other content or information (any such materials a user submits, posts, displays, or otherwise makes available on the Services is referred to as "User Content"). We claim no ownership rights over User Content created by you. The User Content you create remains yours.

However, by sharing User Content through the Services, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and these Terms. Tinycardo has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Services.

By submitting, posting, or displaying User Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Content in any and all media or distribution methods (now known or later developed). This license includes the right for Tinycardo to make User Content available to other companies, organizations, or individuals who partner with Tinycardo for the syndication, broadcast, distribution, or publication of User Content on other media and services, subject to our terms and conditions for such User Content use.

Such additional uses by Tinycardo, or other companies, organizations, or individuals who partner with Tinycardo, may be made with no compensation paid to you with respect to the User Content that you submit, post, transmit, or otherwise make available through the Services.

We may modify or adapt your User Content in order to transmit, display, or distribute it over computer networks and in various media and/or make changes to your User Content as are necessary to conform and adapt that User Content to any requirements or limitations of any networks, devices, services, or media.

You are responsible for your use of the Services and for any User Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide User Content that you are comfortable sharing with others under these Terms.

Any User Content you post to the Services will be considered non-confidential and non-proprietary to you. By providing User Content to the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Services;
  • The User Content is accurate and not misleading; and
  • Use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

Termination

You may end your legal agreement with Tinycardo at any time by deactivating your accounts and discontinuing your use of the Services. See our Privacy Policy for information about what happens to your information when you terminate your account.

We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or our Rules, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct, (iv) your account should be removed due to prolonged inactivity; or (v) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances.

In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: Resolving Disputes; Binding Arbitration, and the sections regarding Limitation of Liability, Disclaimer of Warranties, Indemnification, and General Terms.

Transfer and Processing Data

By accessing or using the Services, you consent to the processing, transfer, and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.

Disclaimers — Service is "As Is"

You acknowledge and agree that the Services are provided "as is" and "as available" without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Tinycardo disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Tinycardo does not warrant that the Services will be uninterrupted, secure, or error-free, or that defects will be corrected. You assume the entire risk as to the quality and performance of the Services.

Limitation of Liability

To the fullest extent permitted by applicable law, Tinycardo shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  • Your use or inability to use the Services;
  • Any conduct or content of third parties on the Services;
  • Any content obtained from the Services; and
  • Unauthorized access, use, or alteration of your transmissions or content.

In no event shall Tinycardo's aggregate liability for all claims relating to the Services exceed the greater of one hundred dollars (U.S. $100.00) or the amount you paid Tinycardo, if any, in the past six months for the Services giving rise to the claim.

Amendments

We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be available at www.tinycardo.com/legal/terms-of-service and app.tinycardo.com/legal/terms-of-service, will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email address associated with your account, offering an in-product notification, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you don't agree to the amended Terms, you must stop using our Services.

Severability

If any provision or part of a provision of these Terms is 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.

Contact Us

If you have any questions about these Terms of Service, please contact us at contact@tinycardo.com.