Terms and Conditions
Last updated and effective as of Aug 29, 2023
INTRODUCTION
These Website Terms and Conditions (these “Terms”) are entered into by and between you and TinyTap Ltd. (“TinyTap”, “we”, “us” or “our”). These Terms govern your access to and use of this website located at https://www.tinytap.com/ai and all associated websites linked to https://www.tinytap.com/ai (collectively, the “Website”) published by TinyTap, its subsidiaries and/or affiliates (together with TinyTap, “TinyTap Group”), including without limitation, any content, functionality and services offered by TinyTap Group on or through the Website. The Website is the property of TinyTap and its licensors.
Please read these Terms carefully before accessing or using the Website as they contain important information and affect your legal rights.
AGREEMENT TO THESE TERMS AND ELIGIBILITY TO USE THE WEBSITE
By accessing or using the Website, you agree to be bound and abide by these Terms and any applicable policies published on the Website from time to time (collectively, the “Applicable Policies”), which form part of these Terms as incorporated by this reference.
By using the Website, you further represent and warrant that:
You are at least 18 years old or have attained such age of majority and contractual capacity in your jurisdiction of residence. In the event that you are below the age of 18 (or other applicable age of majority in your place of residence), you have obtained consent from your parent or guardian before accessing or using the Website and your use of the Website is under the supervision of a parent or guardian who agrees to be bound by these Terms on your behalf;
Your access to and use of the Website does not violate any applicable law; and
You are using the Website for your personal use only.
IF YOU DO NOT (A) AGREE TO THESE TERMS, OR (B) MEET THE ABOVE REQUIREMENTS, YOU MUST NOT ACESS OR USE THE WEBSITE AND SHOULD CEASE AND DISCONTINUE ANY ACCESS TO AND USE OF THE WEBSITE.
While the Website may be accessible worldwide, we reserve the right to limit the availability of the Website or any part, functionality, services or content provided thereon to any person or jurisdiction in our sole discretion. Any offer for any feature, product or service made on the Website is void where the same is prohibited under the laws of certain jurisdiction. The Website is administered and operated by TinyTap in Israel. If you access or use the Website from any other jurisdiction, you do so on your own initiative and are responsible for compliance with any applicable local laws and regulations.
AMENDMENT TO THESE TERMS
We reserve the right to amend these Terms from time to time in our sole discretion by publishing such amended Terms on the Website. All amendments are effective upon publication. You acknowledge that we will not explicitly notify you about any possible amendments and it is your responsibility to check these Terms periodically for changes. Your continued use of the Website following the publication of any amended Terms means that you accept and agree to the amendments.
AVAILABILITY OF AND UPDATES TO THE WEBSITE
We reserve the right to amend, update, withdraw, suspend or disable the Website or any part thereof, including any functionality or services we provide through the Website for any reason in our sole discretion without prior notice. We do not guarantee that the Website or any content thereon will always be available or uninterrupted. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
You acknowledge that any content on the Website may be out of date at any given time, and we are under no obligation to update the same.
USE OF THE WEBSITE
Subject to your ongoing compliance with these Terms and any restrictions herein, we grant you a limited, non-exclusive, revocable, non-sublicensable, non-transferrable and royalty-free license to use any Content (as defined in Clause 5.1 below), provided that you (a) use such Content online through the Website only and for your personal, non-commercial purposes; (b) do not attempt to download or otherwise create a copy of such Content for retention or dissemination; and (d) do not make any additional representations or warranties relating to such Content including any representations or warranties related to the ownership of such Content.
In the event that you operate any platforms or websites and link such platforms or websites to the Website, you agree to remove such link immediately upon our request.
You acknowledge that any response, prompts, information, data or communications submitted by you on the Website (collectively the “User Input”) are not private. By submitting any User Input, you hereby grant TinyTap Group a perpetual, irrevocable, royalty-free, worldwide, transferable license to use, store, copy, adapt, publish, translate or create derivative works therefrom in any form without further compensation to you.
By submitting any User Input, you further represent and warrant that such User Input:
does not infringe any third-party rights;
in the event that such User Input contains any third-party intellectual property rights or personal information, you have obtained all necessary authorization and rights to use such intellectual property rights or personal information;
does not contain any content that may reasonably be construed as defamatory, obscene, discriminatory based on any bias against any group of individuals, offensive, unlawfully threatening or harassing; and
does not contain any computer viruses, worms or other potentially harmful codes, programs, links or files.
You agree to use the Website for lawful purposes only and in accordance with these Terms. You further agree not to:
Use the Website in any manner that violates any applicable law or regulation, including but not limited to any law and regulation against money laundering and terrorist financing;
Use the Website or any Content in any manner that would infringe any third-party rights;
Use the Website for the production or dissemination of any defamatory, pornographic, discriminatory, racist or inappropriate content or in a manner that would otherwise bring TinyTap to disrepute;
Duplicate, copy, transmit, distribute, license, reverse engineer, modify, publish, display, reuse or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of our intellectual property rights or knowingly or recklessly encourage or assist any third parties to infringe our intellectual property rights without our express prior written consent;
Use the Website in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Website, or interfere, disrupt or reverse-engineer any aspects or features of the Website that could modify, damage, disable, overburden or impair the functioning of the Website in any manner;
Attempt to exploit vulnerability of any system or network of ours or breach any security or authentication measures implemented by us;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website;
Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means, program or interface not authorized by us to access the Website, extract data or otherwise interfere with or modify the rendering of Website pages or functionality, or to incorporate the Website into any other program, website or application;
Use data collected from the Website to contact any individuals, companies, or other persons or entities or to conduct any direct marketing activities;
Use the Website to conduct electronic spamming or otherwise distribute ant unsolicited or unauthorized advertising, promotional or marketing material, junk or chain messages;
Bypass or ignore instructions that control all automated access to the Website; and
Use the Website to carry out any financial activities subject to registration or licensing, including but not limited to creating, listing, or buying securities, commodities, options, real estate, or debt instruments.
You agree that we may, in our sole discretion and without prior notice, suspend, restrict or terminate a user’s access to the Website or any functionality or services provided thereon if we determine that your activity on or involving the Website is associated with any use that is contrary to these Terms.
You acknowledge that any violation by you of these Terms may cause irreparable harm to TinyTap, for which monetary damages would be inadequate, and you consent to the obtaining of any injunctive or equitable relief by us that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
INTELLECTUAL PROPERTY RIGHTS
The Website, and all any associated content, features, design element, and other materials contained therein, including, without limitation, our logos and all designs, text, graphics, pictures, information, data, software, animation, sound files, other files and the selection and arrangement thereof (the “Content”) are proprietary property of TinyTap Group, its licensors or other intellectual property owners as identified on the Website (as the case may be) and protected by copyright, trademark, patent, trade secret and any other applicable intellectual property or proprietary rights laws. For the avoidance of doubt, the Content shall include any content generated through the use of the Website. Any and all rights, title and interest in and to the Website and any Content (including, without limitation, all intellectual property rights), including all copies, modifications, extensions and derivative works thereof shall be exclusively reserved by TinyTap Group, its licensors or the relevant intellectual property rights owners.
Your right to use the Website is limited to the rights expressly granted in these Terms. Unless otherwise expressly stated herein, no licenses to use any of our logos, trademarks, trade names, business names, slogans or brands are to be inferred or assumed pursuant to the use of any of the Website. All rights not expressly granted to you herein are reserved and retained by TinyTap Group or its licensors (as the case may be).
In response to any takedown notices issued under the Digital Millennium Copyright Act (“DMCA”) or any other claims of infringement of intellectual property rights, we will take down any Content and may, at our sole discretion, suspend or terminate a user’s access to the Website. If you believe, in good faith, that any Content constitutes an infringement of your intellectual property rights, please send us a notice in writing. For any complaint lodged hereunder to be valid, please include in your notice:
Identification of the relevant intellectual property rights with a description of the same;
Identification of the allegedly infringing Content of which removal is being sought with a description of such Content and any link to the source of such Content;
Your contact information (full name, address, email and phone number);
Accuracy statement that any information provided in such notice is true to the best of your knowledge;
Good faith statement that you, in good faith, believe that the use of the allegedly infringing Content is not authorized by the intellectual property rights owner;
Statement that you are authorized to act on behalf of the intellectual property rights owner; and
Your physical or electronic signature as the Intellectual Property owner or its agent.
RELIANCE ON INFORMATION AND CONTENT ON THE WEBSITE
Any information or content on the Website is made available on an “as-is” basis solely for general information purposes. The Website may contain information that is generated based on automatically produced search results obtained from third-party sources. We have not verified and are not under any obligation to independently verify such information. We do not assume any responsibility for the accuracy, reliability, or completeness of any information or content on the Website, nor do we represent or warrant that the Website or any content thereon is accurate, current, appropriate for a particular situation, error-free or free of viruses or other harmful components. Any reliance placed on the content by you is at your own risk.
The Website and any services provided thereon is for informational and entertainment purposes only and none of the Content is provided to represent any professional opinion such as financial, medical, legal, business or other advice. If you have specific concerns or a situation in which you require any professional or medical advice, you should consult with an appropriately trained and qualified specialist.
THIRD-PARTY LINKS AND APPLICATIONS
The Website may contain links to third-party websites or services that are not owned or controlled by TinyTap Group. You hereby acknowledge that TinyTap Group has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge that TinyTap Group shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third-party websites or services. We strongly advise that you read the terms of service and privacy policies of any such third-party websites or services.
The Website may provide certain social media features that enable you to log link certain content on this Website to your account maintained with third-party social media platforms controlled by third-party providers. You may use these features solely with respect to the content they are displayed with, and otherwise in accordance with these Terms and any additional terms and conditions we provide with respect to such features. You further acknowledge that (a) your use of any such third-party services or platforms may be subject to any applicable third-party terms and conditions; and (b) you are solely responsible for keeping any such social media account and login credentials secure. We are not liable for any acts or omissions by you in connection with your social media account.
DISCLAIMER OF WARRANTIES
We expressly disclaim all warranties of any kind, whether express or implied, (a) as to the operation or availability of the Website, or any Content included thereon; (b) that the Website will be uninterrupted or error-free; (c) as to the accuracy, reliability, or currency of any information or content provided through the Website; (d) that any Content will not infringe any rights of third parties; or (e) that the Website, its servers, communications sent from or on behalf of TinyTap, or any files available for downloading from the Website are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply; but in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
You are responsible for implementing appropriate measures to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL MADE AVAILABLE THEREON.
WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
WE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall TinyTap, its subsidiaries or affiliates be liable for any special, incidental, indirect, or consequential damages whatsoever (including but not limited to damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website or Services, including but not limited to the use of any third-party software or third-party hardware used in connection with the Website or Services, or otherwise in connection with any provision of these Terms), even if TinyTap, its subsidiaries or affiliates has been advised of the possibility of such damages.
Your sole remedy against TinyTap for any dissatisfaction with the Website or any functionality or content thereon is to stop using the same. Notwithstanding the aforementioned, if TinyTap is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or any content, our liability shall in no event exceed the greater of (i) the total of any fees with respect to any service or feature of or on the Website paid by you in the 6 months prior to the date of the initial claim was made against us, or (ii) US$100.
Nothing in these Terms shall exclude or limit liability of any party for fraud, willful misconduct or negligence or any other activity that cannot be limited or excluded by legitimate means.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless TinyTap, its subsidiaries and affiliates, their respective directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all actual or alleged claims, actions, proceedings, investigations, demands, suits, losses, damages, demand of liability, costs, including attorneys’, investigators’, and experts’ (or similar) fees, disbursements and all expenses incurred, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise, arising out of or in connection with your violation of these Terms, use of the Website or any content, functionality or services provided thereon.
If you are obligated to indemnify us under these Terms, you agree that we will have the right, in our sole discretion, to control any action or proceeding and to determine whether we wish to settle, and if so, on what terms, and you agree to fully cooperate with us in the defense or settlement of the relevant claim.
GENERAL PROVISIONS
Assignment. TinyTap may assign its rights and obligations under these Terms, in whole or in part, to any person or entity at any time without prior notice. You may not assign these Terms without our prior written consent.
No waiver. No failure or delay by you or TinyTap in exercising any rights, powers, or remedies will operate as a waiver, and no waiver of any term of these Terms will be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.
Third-party rights. Except as expressly indicated herein, these Terms are not intended to confer any rights or remedies on any person other than the parties hereto, except that any subsidiary or affiliate of TinyTap may enforce any right or remedy expressly conferred on it under these Terms.
Severability. If any term or provision herein is held by a court of a competent jurisdiction to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
Entire agreement. These Terms, together with the Applicable Policies and any other terms and conditions incorporated hereto by reference, constitute the entire agreement between the parties with respect to your use of the Website and supersedes all prior agreements, understandings, negotiations and discussions, whether written or oral.
Governing law and dispute resolution. These Terms shall be construed, interpreted and enforced in accordance with, and the respective rights and obligations of the parties shall be governed by, the laws of Hong Kong without giving effect to its conflict of law provisions. Any dispute, controversy, difference, or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach, or termination thereof, or any dispute regarding non-contractual obligations arising out of or relating to it, shall be referred to and finally re-solved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one (1). The arbitration proceedings shall be conducted in English.
Electronic notices and communication. All notices, requests, consents, claims, demands, waivers and other communications hereunder shall be in writing and sent to us by email to our email address below:
tinytapai@tinytap.com
You acknowledge and agree that we may provide notices to you electronically (a) via email if you have provided us with a valid email address or (b) by posting such notice on the Website as we deem appropriate in our sole discretion. The delivery of any notice by us hereunder is effective when sent or posted by us, regardless of whether you read the notice or actually receive the delivery thereof.