OUR TERMS OF SERVICE
If you choose to use TinyMDM, you acknowledge that you have read and understand the terms and conditions set forth below and agree to the prices published on the Website.
These terms and conditions constitute an agreement between the Customer and the Company (as set forth below) pursuant to the Customer's request to the Company to provide a professional mobile fleet management service. Any product ordered at one of our offices, via the internet or otherwise, shall constitute a contractual agreement of terms and conditions between the Customer and the Company.
These terms will be effective upon creation of a Customer account on the TinyMDM website.
- "TinyMDM " or “Company” : entity providing the Service
- "Service" : services for controlling company owned devices, made available through Tinymdm.net.
- "Website": the website accessible at www.tinymdm.net
- "Plan" : paid or free plan subscribed at www.tinymdm.net
- “User” or "Customer": person or company using the service TinyMDM .
- “Account” : ID and password giving access to your personal data and the use of the Service
- “Subscription” : a payment or promise of payment associated to a Plan
- “Platform” : software and hardware available to provide the Service
- “Agreement” : the Agreement defined by those Terms of Service
Access to the Service
Upon confirmation of your agreement by TinyMDM, the rights granted to you under this Agreement allow you to access the Services through an account (your "Account"). If you are an organization, you may authorize designated employees or contractors within your organization to access the Services through your Account. You will receive a user ID and choose a password. Each User ID is personal in nature and may only be used by you or, if you are an organization, the applicable User.
Responsibility for User's Actions
You are solely responsible for all use of the Service through your Account, the actions of each User of your Account, and each User's compliance with the applicable terms of this Agreement. You ensure the security and confidentiality of each User ID and immediately notify the Company if any Account information is lost, stolen or compromised.
You acknowledge that you are fully responsible for all costs, fees, liabilities or damages incurred, as well as for material transferred, stored, modified or shared through the use of each User ID. You acknowledge that all services ordered or transactions conducted through your Account will have been legally completed by you.
The Company will not be liable in any way for the foregoing obligations or for your failure to comply with such obligations. You shall be solely responsible, at your own expense, for the acquisition, installation and maintenance of the Service and other equipment necessary for you and each User to use the Service and access the Platform.
You may not, directly or indirectly: copy, distribute, rent, lease, use on a part-time basis, use commercially or for the benefit of a third party, reverse engineer, disassemble, decompile, attempt to discover the source code or structure, sequence and organization of, or remove any proprietary notices from the Service. Modifying, reproducing, performing, displaying, creating derivative works of, republishing, publishing, transmitting, participating in the transfer or sale of, distributing or otherwise exploiting the Service without the prior written permission of TinyMDM is not permitted.
As between the parties, title, ownership rights and intellectual property rights in and to the Service, and any copies or portions thereof, remain with TinyMDM and its suppliers.
You understand that TinyMDM may modify or discontinue offering the Service at any time. The Service is protected by copyright treaties. All rights not expressly granted herein are reserved.
Redistribution of the service
If you wish to resell the TinyMDM service to your own customers, we may grant you this permission on condition of requesting it by email, describing your use. TinyMDM reserves the right to accept or refuse this request depending on the nature of the use, the situation of the applicant and the type of customers. The proposal of a price offer to a customer by TinyMDM and if his resale activity has been identified during the various exchanges is acceptance of the resale authorization.
Payments and fees
You agree to pay TinyMDM all fees specified in the Order Confirmations and any other fees specified on the Website or via the Services. Fees for each billing period will be due at the beginning of the period (unless otherwise agreed). By agreeing to these Terms, you authorize TinyMDM to send instructions to your card-issuing financial institution to accept payments from your Account in accordance with the Terms of your agreement with TinyMDM (you authorize TinyMDM to make a payment or series of payments on your behalf).
Unpaid invoices may result in termination of service and closure of the Account. Subscriptions automatically renew monthly or annually depending on the Subscription selected, for the same term. Users are free to change or terminate their Subscription at any time.
You agree to defend, indemnify and hold harmless TinyMDM and its subsidiaries, agents, licensors, managers and other affiliates, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or indebtedness, and expenses (including, but not limited to, attorneys' fees) resulting from:
(a) your use of and access to the Service, including any data or content transmitted or received by you; (b) your breach of any term of this Agreement, including, without limitation, your breach of any of the representations and warranties set forth above; (c) your violation of any right of a third party, including, without limitation, any privacy or intellectual property right; (d) your violation of any applicable law, rule or regulation; (e) any claim or damage resulting from any content submitted through your Account; or (f) the access and use of the Service by any other party with your username, password or other appropriate security code.
TinyMDM does not guarantee an 100% accessible service all the time. TinyMDM will do its best endeavor to prevent any hardware, network, software failure and maintain the highest possible uptime for its Service.
TinyMDM guarantee an SLA of 99% monthly uptime.
In case of exceptional scheduled maintenance, you will be notify 3 days before the beginning of the maintenance.
In case of failure or if the SLA is less than 99% monthly uptime, you will be able to ask a partial or total refund of the fees corresponding to the period of the failure time. At most the total amount paid per month can be reached for an incident in the relevant month.
Neither party will be liable to the other for any delay or failure to perform its obligations under these Terms for reasons beyond its control, including, but not limited to, any of the following: telecommunications failure, governmental action, fire, war, or natural disaster. For the avoidance of doubt, nothing in this clause shall relieve you or any paying User of any payment obligation under these Terms.
The Service is provided on an "as is" and "as available" basis. You acknowledge that your use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Without limiting the foregoing, the Company, its subsidiaries, affiliates and licensors do not warrant that the Content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any time or place without interruption or failures; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components.
Any Content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such downloading or use of the Service. The Company does not warrant, endorse, guarantee or assume any responsibility for any product or service advertised or offered by any third party through the Company's Service or any hyperlinked website, and the Company will not be a party to any contract entered into between you and any third party product or service providers. Because federal law and some states, provinces and other jurisdictions do not allow the exclusion or limitation of certain implied warranties, some of the above limitations may not apply to you.
Limitation of Liability
To the extent possible under applicable law, neither the Company nor any of its affiliates, agents, directors, employees, suppliers or licensors shall be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, business gestures, use, data or other intangible losses, arising out of the use of, or inability to use, the Service.
In no event will the Company be liable for any damages, loss or injury resulting from hacking, tampering or other unauthorized access to or use of the Service, your Account or the information contained therein. To the maximum extent permitted by applicable law, the Company assumes no liability for:
- errors, mistakes or inaccuracies in content;
- personal injury or property damage of any kind resulting from your access to or use of the Service
- any unauthorized access to or use of our secure servers and/or any personal information stored thereon;
- any interruption or termination of transmission to or from the Service;
- any defects, viruses, Trojan horses or the like that may be transmitted to or through our Service by any third party;
- any errors or omissions in any Content or any loss or damage resulting from the use of any Content posted, emailed, transmitted or otherwise made available through the Service; and/or
- User Content or the defamatory, offensive or illegal conduct of any third party.
In no event shall the Company, its affiliates, agents, directors, employees, suppliers or licensors be liable for any claims, actions, liabilities, obligations, damages, losses or costs in excess of the amount paid by you to the Company.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if the Company has been advised of the possibility of such damage. The foregoing limitation of liability applies to the fullest extent permitted by law in the applicable jurisdiction. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights and you may also have other rights which vary from state to state. The disclaimers, exclusions and limitations of liability under this agreement shall not apply to the extent prohibited by applicable law.
These Terms shall be governed and construed in accordance with the French laws without regard to its conflict of law provisions. Each party hereby submits to the exclusive jurisdiction of the French courts.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
TinyMDM cares about the integrity and security of your personal information. All your data will be securely stored on secure servers in North America and in Europe in secure Cloud providers to prevent any fraudulent access . However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
ARS NOVA SYSTEMS SAS
6 rue Rose Dieng Kuntz
RCS NANTES 539259416
VAT FR 38 539259416