OUR TERMS OF SERVICE
TinyMDM provides services for controlling company owned devices. By using TinyMDM, you agree that you have read, understood, and accepted the present conditions and definition .
This terms will be effective as soon as you create a User account on 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” : 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
Access to the Service
Upon Confirmation of your order agreement by TinyMDM , the rights granted to You under this Agreement entitle you to access the Services through an account (your “Account”). If You are an organization, you may allow designated employees or subcontractors within Your organization to access the Services through your Account.You will be provided with a user identification and will select a password. Each User ID is personal in nature and may be used only by you or, if you are an organization, by the applicable User.
Responsibility for User Actions. You are solely responsible for all use of the Services through Your Account, for the actions of each User of your Account, and for compliance by each User with the applicable terms of this Agreement. You will ensure the security and confidentiality of each User ID and will notify TinyMDM immediately if any Account information is lost, stolen or otherwise compromised.
You acknowledge that you are fully responsible for all costs, fees, liabilities or damages incurred, and material transferred, stored, modified or shared through use of each User ID (whether lawful or unlawful). You acknowledge that any Services ordered or transactions completed through your Account under will be deemed to have been lawfully completed by You.
In no event will TinyMDM be liable for the foregoing obligations or the failure by You to fulfill such obligations. You will be solely responsible, at your own expense, for acquiring, installing and maintaining all hardware, software and other equipment as may be necessary for you and each User to connect to, access, and use the Services and the TinyMDM Platform.
You may not, directly or indirectly: copy, distribute, rent, lease, timeshare, operate a service bureau with, 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. As between the parties, title, ownership rights, and intellectual property rights in and to the service, and any copies or portions thereof, shall remain in TinyMDM and its suppliers or licensors. You understand that TinyMDM may modify or discontinue offering the Service at any time. The Service is protected by copyright treaties. This Agreement does not give you any rights not expressly granted herein.
Modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit any portion of the Service without the prior written permission of TinyMDM is not allowed.
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 to TinyMDM all fees set forward in the order confirmations and all other fees specified on the site or through the services. The fees for each billing period will be due at the beginning of the period (except special agreement). Unpaid invoices may result in service termination and closure of the user account. Plans are automatically renewed every month, for the same duration. Users are free to change at any time their plan.
You agree to defend, indemnify and hold harmless TinyMDM and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Service, including any data or content transmitted or received by you; (b) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (d) your violation of any applicable law, rule or regulation; (e) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (f) any other party’s access and use of the Service with your unique 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.
No party shall be liable to the other for any delay or non-performance of its obligations under these Terms arising from any cause beyond its control including any of the following: telecommunications failure, governmental act, fire, act of war or flood. For the avoidance of doubt, nothing in this clause shall excuse You or any Paying User from any payment obligations under these Terms.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS 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 PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; 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 DOWNLOAD OR YOUR USE OF THE SERVICE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE COMPANY SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TinyMDM does not guarantee that the service will be 100% efficient. By agreeing with these Terms, You acknowledge that TinyMDM may in no way be held responsible or accountable for any direct or indirect consequence of unefficiency of the service.
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 during corresponding to the failure time. At most the total amount paid per month can be reached for an incident in the relevant month.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER OR $100.00, WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY 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 WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. You are therefore invited to check the terms of service on a regular basis. If you do not agree to the new terms, you are no longer authorized to use the Service.
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 will never disclose any of your private information you have submitted without your consent. You personal data will be used only, for invoicing, payment, email service of the Platform purpose, in this case your information might be used with third party software that garantee the respect of your confidentiality.
Informations submitted to TinyMDM will be transferred to its servers for processing, the informations may remain on TinyMDM servers, to help TinyMDM to improve the Service. You can expressly ask us by email to remove the Informations.
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
TVA FR 38 539259416