tinyclues web services Terms of Service
Through its services.tinyclues.com and api.tinyclues.com websites, tinyclues SAS ("tinyclues") offers automated data-processing and predictive analytics services (the "Service", or "tinyclues web services"). Your use of the Service is subject to your acceptance of the terms and conditions of Service ("Terms of Service"). By clicking on “I have read and I accept the Terms of Service”, you ("You", or the "Customer") agree to be bound by the then current version of the Terms of Service.
Additional terms may apply to Your use of specific subservices.
tinyclues reserves the right to update and change the Terms of Service from time to time. Continued use of the Service after any such changes shall constitute your consent to such changes.
Article 1. General Conditions
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
b. Technical support is only provided at the discretion of the tinyclues support team and is not included in the price of the Service.
c. You understand that tinyclues uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
d. tinyclues grants You a personal, limited, revocable, non-exclusive, non-sublicenseable, non-transferrable licence to access and use the Service solely in accordance with these Terms of Service.
e. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, tinyclues, or any other tinyclues service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of tinyclues.
f. You understand that the technical processing and transmission of the Service, including your Data (as defined hereafter), may be transferred encrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks and devices.
g. tinyclues does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
Article 2. Accounts
a. To access the Service, you must create a tinyclues web services account (an "Account"). You must be a human acting as a professional (i.e., consumers are not authorized to use the Service) to create an Account . Accounts registered by "bots" or other automated methods are not permitted.
b. You must provide the name of your company or any other king of organization ("your Organization"), your legal full name, a valid email address, and any other information requested in order to complete the signup process. Any personal data requested during the sign up process or thereafter processed by tinyclues will be processed in compliance with the law of 6 January 1978 as modified by law of 6 August 2004 (“French Data Protection Act”) for the sole purpose of providing the Service.
c. Your login is personal information and may only be used by You — a single login shared by multiple persons is not permitted.
d. You are responsible for maintaining the security of your Account and password. tinyclues is not liable for any loss or damage resulting from your failure to comply with this security obligation.
e. You are responsible for all activity that occurs under your Account (even when the activity is attributable to others who have accessed the Service under your Account). You will contact us immediately if you believe an unauthorized third party may be using your Account.
f. You may use your Account to submit or upload data on behalf of your Organization who legally detains this data and granted you access to it, provided the following conditions are met: (i) you have provided the name of your Organization when setting up your Account, (ii) you understand and agree that your agreement to the Terms of Service, and your use of the Service, are on behalf of your Organization and (iii) you warrant that your use is duly authorized by your Organization. You may create separate Accounts associated with separate Organizations.
g. tinyclues may choose to limit welcome packs, free tiers and any other promotional offer on a one-per-person basis, a one-per-organization basis, or any other type of limitation, and you are not allowed to maintain separate Accounts for the sole purpose of circumventing such limitations.
Article 3. API and Tokens
Some elements of the Service may be accessible to you via an API (Application Program Interfaces). Any use of tinyclues API, including use through a third-party product that accesses tinyclues, is bound by the Terms of Service, and in particular by the following specific terms:
a. You expressly understand and agree that tinyclues shall not be liable for any indirect damages, including but not limited to, damages for loss of profits, goodwill, use, data and other intangible losses (even if tinyclues has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
b. Abuse or excessively frequent requests to tinyclues via the API may result in the temporary or permanent suspension of you Account's access to the API, upon prior notice of tinyclues.
c. You acknowledge and accept that, for legitimate reasons, tinyclues reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without prior notice to You.
d. Access to the API may be controlled by specific authentication procedures, and tinyclues may offer you the possibility to associate to your Account one or more authentication credentials ("Tokens", or "API Tokens") permitting access to the API; you are responsible for maintaining the security of such Tokens; you understand that all activity occurring under a Token associated with your Account is activity under your Account.
Article 4. Prices and Credits
a. Creation of an Account is free of charge.
b. Use of the Service is subject to volume-based charges; tinyclues maintains a list of applicable prices for individual subservices within the API; these prices are expressed in a common abstract billing unit ("Credits", or "API Credits", or "Tinies").
c. Invoices are immediately payable by direct debit. Customers purchase Credits in advance; customers have two (2) years from date of purchase to use their Credits; purchased Credits are non-refundable.
d. Price increases are subject to a thirty (30) days notice from tinyclues, provided at any time by posting the changes on a tinyclues website (www.tinyclues.com or api.tinyclues.com or services.tinyclues.com).
e. API Credits are associated to individual API Tokens; you can monitor the Credit balance associated with your tokens; however, you understand and accept that a lag is to be expected between your actual consumption and the corresponding update of your Credit balance; similarly, you understand and accept that it may take some time before purchased Credits are propagated to our API servers.
f. tinyclues may introduce alternate billing methods in the future, and new subservices for which API Credits cannot be used.
g. All prices are exclusive of all taxes, levies, or duties imposed by taxing authorities in your country, and you shall be responsible for payment of all such taxes, levies and duties.
Article 5. Data Policy
a. tinyclues claims no ownership or intellectual property rights over the data you submit or upload to the Service ("Submitted Data", or "your Data").
b. tinyclues will not share, sell, make public or in any way make available your Data to third parties or individuals that do not belong to its staff. Your Data will be used for the sole purpose of providing the Service.
c. tinyclues will consider your Data "Confidential Information", with the following restriction: will not be considered Confidential Information any information which (i) is known or subsequently becomes generally known or available by publication, commercial use or otherwise, through no fault of tinyclues, (ii) is known by tinyclues at the time of submission, (iii) is lawfully obtained by tinyclues without violation of a confidentiality obligation.
d. tinyclues will (i) use Confidential Information solely for purposes listed by the Terms of Service, (ii) use all possible means to maintain the Confidential Information in strict confidence, and at least those measures that it employs for the protection of its own confidential information, but in any event not less than a reasonable degree of care, (iii) disclose Confidential Information only to tinyclues employees and affiliates who are required to have access to the information for the purpose of delivering the Service and (iv) immediately notify you in writing in the event of any unauthorized use or disclosure of the Confidential Information. You agree to use all possible means to submit or upload the Confidential Information in a strictly confidential manner.
e. Submitted Data may contain nominative information about individual end-users and consumers ("Personal Data"); tinyclues will not use your Personal Data to provide services based on nominative matching of your Personal Data with Personal Data provided by other tinyclues clients;
f. You are solely responsible for ensuring that your use of Personal Data, including any submission to the Service, is compatible with your legal and contractual obligations regarding the storage, handling and processing of Personal Data. You warrant that your use of Personal Data is fully compliant with applicable national data protection legislation, notably that all relevant authorizations and/or consents have been obtained and that all appropriate information has been given.
g. tinyclues acts as data processor and will process Personal Data for the sole purpose of providing the Service as instructed by You; tinyclues takes appropriate technical and organizational measures to preserve the confidentiality and security of Personal Data (in particular to prevent their alteration and damage or access by unauthorized third parties), though You, as data controller, remain responsible to supervise the compliance with such measures; tinyclues will promptly notify You of any queries from data subjects or security flaw; h. Personal Data submitted to the service access point api.tinyclues.com will be processed and stored exclusively on servers located within the European Union.
i. For the purpose of providing the Service, tinyclues keeps the Submitted Data for a period of one (1) month from the date of the last submission or upload of Submitted Data or cancellation or termination of Your Account in accordance with the Terms of Service, as the case may be; thereafter tinyclues does not keep the Submitted Data; however, tinyclues has the right to store, analyze and manipulate the Submitted Data rendered anonymous in its technology platform.
j. Algorithms, calibrations, non-nominative statistical aggregates, non-nominative predictive models, and any other kinds of non-nominative derivatives obtained by tinyclues from or using the Submitted Data (“Non-Nominative Derivative”) will be the exclusive property of tinyclues; you understand and agree that you will have no property rights whatsoever on any such Non-Nominative Derivative.
Article 6. tinyclues intellectual property
a. tinyclues brand and logo, the look and feel of the Service and its interfaces, the content, graphic elements and stylesheets of the service websites, are owned by tinyclues or its subsidiaries, or have been subjected to authorization of use granted to it. You may not duplicate, copy, or reuse any portion of the content and design elements without express written permission of tinyclues.
b. To provide the Service, tinyclues uses proprietary methodology, algorithms, calibrations, software and system architecture; to the fully extent legally permitted, you may not use the Service or its outputs to reverse-engineer or otherwise attempt to reconstruct any of these proprietary elements.
Article 7. Cancellation and Termination
a. You can cancel your Account by email or phone request; you understand and agree that, upon cancellation of your Account, no refund will take place and any unconsumed Credits under your Account will be lost.
b. For legitimate reasons, tinyclues has the right to suspend or terminate your Account and refuse any and all current or future use of the Service, or any other tinyclues service, at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
c. If the Service is permanently terminated by tinyclues, and upon written request from you within ten (10) days from termination, that will serve as a waiver of any claim against tinyclues or its officers, we will refund any prepaid fees for the amount of unused Credits under your Account, less one hundred Euros (EUR 100) as administrative fees. However, if the termination is consecutive to your violation of the Terms of Service, any unconsumed Credits under your Account will be lost.
Article 8. Relation between parties
The Terms of Service constitutes the entire and exclusive agreement between tinyclues and you with respect to the Service and governs your Use of the Service; additional terms may apply to Your use of specific subservices in which case, the Terms of Service shall prevail; tinyclues’ failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision; if any provision of the Terms of Service is found to be invalid by the court of competent jurisdiction, you nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in this provision, and that the other provisions of the Terms of Service remain in full force and effect.
Articles 5, 6, 9 and 10 shall survive any cancellation of your Account or termination of the Service.
Article 9. Customer Warranties and Limitation of Liability
EXCEPT AS SET FORTH IN THESE TERMS OF SERVICE, TINYCLUES MAKES NO OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OF NONINFRINGEMENT.
YOU ARE SOLELY LIABLE AND ASSUME ALL RISKS FOR YOUR USE OF THE SERVICE. TINYCLUES IS NOT RESPONSIBLE FOR ANY LOSS, DAMAGE OR COST WHICH THE CUSTOMER INCURS DUE TO ITS USE, OR INABILITY TO USE, THE SERVICE.
EXCEPT IN CASE OF FRAUD, WILFUL MISCONDUCT OR GROSS NEGLIGENCE, IN NO EVENT TINYCLUES' TOTAL LIABILITY ARISING FOR DIRECT DAMAGES SHALL EXCEED THE AMOUNT OF THE LAST PURCHASE PAID BY THE CUSTOMER IMMEDIATELY PRIOR TO THE FIRST EVENT GIVING RISE TO LIABILITY. TINYCLUES WILL NOT BE LIABLE TO THE CUSTOMER FOR ANY INDIRECTDAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS, CONTRACTS, REVENUE, GOODWILL, PRODUCTION, ANTICIPATED SAVINGS, LOSS OF DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, EVEN IT TINYCLUES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TINYCLUES SHALL HAVE NO LIABILITY HEREUNDER BY REASON OF ANY FAILURE OR DELAY IN THE PERFORMANCE OF THE SERVICE ON ACCOUNT OF STRIKES, SHORTAGES, ACTS OF TERRORISM, WAR, FIRES, FLOOD, STORM, EXPLOSIONS, EARTHQUAKES, INTERNET OUTAGES, COMPUTER VIRUS, GOVERNMENTAL ACTION, OR ANY OTHER CAUSE THAT IS BEYOND ITS REASONABLE CONTROL.
YOU SHALL INDEMNIFY AND HOLD HARMLESS TINYCLUES FROM ANY CLAIM, LIABILITY, JUDGMENT, COST, DAMAGE AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING OUT OF OR IN CONNECTION WITH ANY BREACH UNDER THE TERMS OF SERVICE AND DATA SUBMITTED.
Article 10. Applicable Law
a. The Service is operated by tinyclues from its offices in France. This Agreement shall be governed by, construed and enforces in accordance with the laws of France, without regard to its conflicts of law principles. This Agreement shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
b. All disputes shall be submitted to the exclusive jurisdiction of the Courts of Paris.
c. Questions about the Terms of Services should be sent to firstname.lastname@example.org.
Last Updated July, 2012.