Tiniyo Private Ltd.

01-Jan-2020

Tiniyo Terms of Service

In these Terms of Service (hereafter “Agreement” or “Terms”), “we,”“us,”“our” or “Tiniyo” will refer collectively to Tiniyo Inc., Bangalore, Karnataka, India, and the terms “you,”“your” and “Customer” will refer to you. To be eligible to register for a Tiniyo account in order to use the Services, you must review and accept these Terms by clicking on the “I Accept” or “Get Started” button or other mechanism provided. If you are registering for a Tiniyo account in order to use the Services on behalf of an organization, then you are agreeing to these Terms for that organization and promising to Tiniyo that you have the authority to bind that organization to these Terms (and, in which case, the terms “you” and “your” or “Customer” will refer to that organization). The exception to this is if that organization has a separate written agreement with Tiniyo covering the use of the Services, in which case that agreement will govern such use.

PLEASE REVIEW THESE TERMS CAREFULLY. ONCE ACCEPTED, THESE TERMS BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU AND TINIYO. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD NOT CLICK THE “I ACCEPT” OR “GET STARTED” BUTTON AND YOU SHOULD NOT USE THE SERVICES.

When we refer to the “Services” in these Terms, we mean to include the whole enchilada -- including both: (1) the “Tiniyo Services” which are the services offered and provided by Tiniyo Inc. to you, which are generally comprised of: (a) our platform services, including the application programming interface for the Tiniyo Services and any cloud-based software provided to you by Tiniyo in connection with your use of the platform services, and programs, features, functions, developer tools, and report formats, and subsequent updates or upgrades of any of the foregoing made generally available by Tiniyo, and (b) connectivity services, which include the interconnection capabilities embedded within the Tiniyo Services that link the Tiniyo Services to the telecommunications providers’ networks (including fixed-line, cellular, wireless, high-bandwidth, and/or fiber optic cable) via the Internet.

When we refer to the “Tiniyo API” we mean an application programming interface for the Services (or feature of the Services) provided to you by us.

When we refer to the “Documentation” we mean all of the Tiniyo API instruction manuals and guides, code samples, manuals, guides, on-line help files and technical documentation made publicly available by us for the Services, and as may be updated from time to time.

When we refer to the “Customer Application” we mean a software application, which includes any software application that you create using developer tools provided by us, that interfaces with the Services and includes any services (web-based or other services) made available by you through that application.

IMPORTANT NOTE: THESE TERMS LIMIT OUR LIABILITY TO YOU. For more details, go to Section 14.

IN ADDITION, DISPUTES RELATED TO TERMS OR RELATED TO YOUR USE OF THE SERVICES GENERALLY MUST BE RESOLVED BY BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS ONLY.

If you have any questions, you can reach Tiniyo at mailto:support@tiniyo.com.


Table of Contents

  1. Updates to Terms of Service

We may, in our sole discretion, modify the Terms of Service. To the extent such modifications are material, we will notify you in advance of such changes. The date at the top the Terms of Service will indicate when the latest modifications were made. Unless we say otherwise, revisions will be effective upon the effective date indicated at the top of these Terms. Your continued access or use of the Services constitutes your acceptance of any revisions. If you do not agree to the revisions, you should stop using the Services.

  1. Tiniyo Account

To use the Services, you will be asked to create a Tiniyio account. As part of the account creation process, you’ll be asked to provide your e-mail address, create a password, and verify that you’re a human being by providing a telephone number to which we’ll send you a verification code to enter into a form. When registering for a Tiniyo account, you must provide true, accurate, current and complete information about yourself as requested during the account creation process. You are responsible for all activities that occur under your password or account. Your account is meant to be private and you shall not share accounts, use another member’s account, nor allow others to use your account for any reason. You agree to:

  1. immediately notify Tiniyo of any unauthorized use of your password or account or any other breach of security; and
  2. ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account at the Website or via its API, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Tiniyo. Tiniyo cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
  1. Access and Use of Service

You may use our Services to develop your software applications or website (an “App”) that interfaces with the Tiniyo, and allow access to the Tiniyo through interface with and authorized use of your App, subject to adherence with these Terms of Service. You hereby acknowledge that Tiniyo may change, deprecate or republish the Tiniyo API from time to time, and that it is your responsibility to ensure that calls or requests you make to or via Tiniyo are compatible. We will attempt to inform you of any material changes with reasonable notice so that you can adjust your App, but we are under no obligation to do so.

  1. Customer Content

For purposes of these Terms of Service, the term “Customer Content” includes, without limitation, any location information, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on the Website or through its API. You represent and warrant:

  1. that You are solely responsible for the development, operation, and maintenance of your App and Customer Content, including without limitation, the accuracy, appropriateness and completeness of your Customer Content;

  1. that you have the necessary rights and licenses, consents, permissions, waivers and releases to use and display your App and your Customer Content;
  2. that neither your App nor Customer Content
  1. violates, misappropriates or infringes any rights of us or any third party,
  2. constitutes defamation, invasion of privacy or publicity, or otherwise violates any rights of any third party, or
  3. is designed for use in any illegal activity or promotes illegal activities, including, without limitation, in a manner that might be libelous or defamatory or otherwise malicious, illegal or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age;
  1. that neither your App nor Customer Content contains any harmful components; and
  2. that Tiniyo is not responsible to you for indemnification or directly to any of your customers or clients if you offer services (including your App(s)) based on the Tiniyo. You also represent and warrant that you are responsible for any charges incurred by your use of the App, no matter whether the App acted in error or due to any fraudulent attack on your website or App.
  1. Fees, Payment Terms, Taxes

You agree to pay fees in accordance with the rates listed at tiniyo.com/pricing, with respect to the Tiniyo Services, unless otherwise set forth in an order form or order confirmation between the parties (an “Order Form”). Additionally, we will charge you, and you shall pay, any and all additional costs, fines, or penalties we incur from a governmental or regulatory body or telecommunication provider as a result of your use of the Services in violation of these Terms.

Unless otherwise stated in an Order Form, you shall be responsible for and shall pay all Taxes imposed on or with respect to the Services that are the subject of this Agreement whether such Taxes are imposed directly upon you or upon us. “Taxes” mean all applicable federal, state and local taxes, fees, charges, telecommunications provider (e.g., carrier) surcharges or other similar exactions, including, without limitation, sales and use taxes, communications service taxes, utility user’s taxes or fees, excise taxes, VAT, GST, other license or business and occupations taxes, 911 taxes, franchise fees and universal service fund fees or taxes.

You will make all of the payments due hereunder to Tiniyo Inc. for the Tiniyo Inc. for the services in accordance with the following applicable payment method:

  1. Credit Card

If you elect to pay via credit card, then you are responsible for either

  1. enabling auto-recharge on your Tiniyo account(s) or
  2. ensuring that your Tiniyo account(s) has a sufficient positive balance to cover the undisputed fees due. If, for any reason, you have a negative balance on your Tiniyo account(s), then we reserve the right to suspend the Services.
  1. Dispute 

You must notify us in writing if you dispute any portion of any fees paid or payable by you pursuant to these Terms. You must provide that written notice to us within sixty (60) days of the date we bill you for the charge you want to dispute, and we will work together with you to resolve the dispute promptly.  

  1. Downtime

Your access to and use of the Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions; and we shall also be entitled, without any liability to you, to suspend access to or shut down all of the Services at any time,

  1. for scheduled downtime to permit us to conduct maintenance or make modifications to any of the Services;
  2. in the event of a denial of service attack or other attack on the Services or other event that we determine, in our sole discretion, may create a risk to the Services, to you or to any of our other customers if the Services were not suspended;
  3. in the event of a violation by you of the Tiniyo Fair Use Policy (https://www.tiniyo.com/legal/fup); or
  4. in the event that we determine that any of the Services is prohibited by applicable law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, “Service Suspensions”) including and not limited to attempting additional calls per second than allowed or spamming end users in a prohibited manner. Tiniyo shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Suspension. To the extent we are able, we will endeavor to provide you notice of any Service Suspension and to post updates regarding resumption of Services following any such suspension, but shall have no liability for the manner in which we may do so or if we fail to do so. We strive to keep information you provide to us secure, but cannot guarantee that we will be successful at doing so. You acknowledge that you bear sole responsibility for adequate security, protection and backup of your content including all audio recordings associated with your account. Subject to any terms as documented in a written addendum hereto, Tiniyo will have no liability to you for any unauthorized access or use, corruption, deletion, destruction or loss of any of your content. Fees. Free Services are limited to one per person, and if we find that you have created multiple free trial accounts, we reserve the right to suspend those accounts and take actions to prevent additional violations. Free Services come with the amount of services set forth here. We may provide notice to you of reaching 60% and 80% of the amount of services offered under our free plan, but may shut off your account without notice upon reaching the maximum amount of services under the free plan.

Changes to Terms

Notice

Tiniyo may update the Terms of Service from time to time by providing the Customer with prior written notice of material updates at least thirty (30) days in advance of the effective date. Notice will be given in Customer’s account portal or via an email to the email address owner of Customer’s account. This notice will highlight the intended updates. Except as otherwise specified by Tiniyo, updates will be effective upon the date indicated at the top of this Terms of Service. The updated version of Terms will supersede all prior versions.

Acceptance

Following such notice, Customer’s continued access or use of the Services on or after the effective date of the changes to the Terms of Service constitutes Customer’s acceptance of any updates. If the Customer does not agree to any updates, the Customer should stop using the Services.

Exceptions: 

Tiniyo may not be able to provide at least thirty (30) days prior written notice of updates to this Terms of Service that result from changes required by law or requirements from telecommunications providers.