Welcome to tinyPM, owned and operated by Agilers SĶp. z o.o. (“Agilers“).
These Terms of Service (“Terms“) govern your (“Customer“) access to and use of the tinyPM Hosted Service (the “Service“), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Service (collectively referred to as “Content“). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms.
1. Use of the Service
1.1. You may use the Service for your personal and business use or for internal business purpose in the organization that you represent. If you represent an organization and wish to use the Service for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address.
1.2. You may connect to the Service using any Internet browser supported by the Service. You are responsible for obtaining access to the Internet and the equipments necessary to use the Service. Agilers assumes no responsibility for the reliability or performance of any connections as described in this section.
1.3. You are responsible for your use of the Service, for any content you post to the Service, and for any consequences thereof.
1.4. You retain your rights to any Content you submit, post or display on or through the Service. By submitting, posting or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, store, display and distribute such Content for the sole purpose of operating the Service.
1.5. We may also use aggregate information to measure general Service usage patterns and characteristics of our user base and otherwise to improve our products and services, and may include such aggregate information about its audience in promotional materials or reports to third parties. This aggregate information will not reference names, phone numbers, email addresses, or other personally identifiable information, and it will be not traceable to a specific recipient or user email address.
1.6. The Service that we provide is always evolving and the form and nature of the Service that we provide may change from time to time without prior notice to you.
1.7. As part of the Service offering we make daily backup copies of the Service data and store and maintain such data for a period of Service subscription.
1.8. We do our best to keep our machines running smoothly for as long as possible and get them up ASAP should something go wrong.
2.1. You understand that the technical processing and transmission of any Content may be done unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. We do not guarantee that any information sent from our Service will be secure during transmission.
2.2. You are responsible for maintaining the confidentiality of your user name and password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Agilers cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2.3. Agilers shall maintain reasonable administrative, physical and technical safeguards for the protection, confidentiality and integrity of the Service data.
3. Restictions of Use
3.1. In addition to all other terms and conditions of this Agreement, you shall not:
- transfer or otherwise make the Service available to any third party
- provide any service based on the Service without prior written permission
- attempt to gain access to data that is not Customer’s Data
- conduct automated functionality tests or load tests on the Service
- perform actions that lead to interruption of availability of the Service
- use the Service in any manner that violates any applicable law or regulation
4. Accuracy of Customer’s Contact Information
4.1. You shall provide accurate, current and complete information on your legal business name, address, email address, and phone number, and maintain and promptly update this information if it should change.
5. Beta Version
5.1. We may offer certain parts of the Service as closed or open beta services (“Beta Service” or “Beta Service”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Service. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Service as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Service with or without notice to you. You agree that Agilers will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Service for any reason.
6.1. As part of the Service, we will provide you with help documentation and other online resources to assist you in use of the Service.
6.2. Subject to the obtaining of a paid Service and continuing to pay the applicable subscription fees, we will make reasonable efforts to resolve all issues related to malfunctions or errors resident in the Service.
6.3. Under this Agreement, you consent to receive communications from Agilers electronically. Agilers communicate with customers by e-mail or by posting notices on the tinyPM website (www.tinypm.com). You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
7. Suspension and Termination of Access
7.1. This Agreement will continue so long as Customer has a license to the Service or an ongoing Subscription for the Service, unless earlier terminated. Agilers may suspend or terminate this Agreement and Customer’s account if Customer fails to comply with the terms and conditions of this Agreement, including any failure to pay fees when due.
7.2. We may, but do not have to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
7.3. We reserve the right to terminate unpaid Customer accounts that are inactive for a continuous period of 90 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination by email. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
7.4. Agilers reserves the right to discontinue support of the Service with 90 days advance notice. In this case, any prepaid Service fees may be returned to the Customer at the time of discontinuation.
8. Trademarks and Intellectual Property
8.1. All brand, product and service names used through the Service that identify Agilers are proprietary marks of Agilers or one of its affiliates. All brand, product and service names used through the Service that identify third parties and their products and services are proprietary marks of such third parties.
8.2. You acknowledge that no title to the intellectual property in the software used to provide the Service is transferred to you. Title, ownership, rights, and intellectual property rights in and to the software shall remain that of Agilers. The software is protected by copyright and patent laws of the Republic of Poland, European Union and international treaties.
9.2. As part of providing you the Service, we may need to contact you via e-mail to provide you with service announcements and administrative messages. These communications are considered part of the Service and your Customer account, which you may not be able to opt-out from receiving.
10. Amendment of Terms
10.1. You agree that we retain the right to amend these Terms at any time and for any reason. If that happens we will inform you about it either on our website or through our Twitter account.
10.2. You agree to review the posting of this Agreement periodically to be aware of such changes. You will be bound by all such modifications, whether or not you have notice thereof. If any future changes are unacceptable to you, you should discontinue using the Service. Your continued use of the Service now, or following the posting of notice of any such changes, will indicate your acceptance of this agreement, and of any such changes.
11. Disclaimer of Warranty
11.1. The Service and any Content available through the Service are provided on an “as is” and “as available” basis and without warranties of any kind either express or implied. In particular, Agilers makes no warranty that the Service will be uninterrupted, timely, secure, or error free, that the Service or its server(s) is free of viruses or other harmful components, that the Service or Content is secure from unauthorized access.
12. Limitation of Liability
12.1. You use the Service at your own risk. In no event shall Agilers be liable to you for any damages, including but not limited to any loss, or other incidental, indirect, or consequential damages of any kind arising out of the use of the Service. In no event will Agilers total liability for any claim arising from or relating to these Terms or use of the Service exceed the amount paid by you for the Service in question.
In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.
13.2. Governing Law
This Agreement will be governed by the laws of the Republic of Poland.
The limitations or exclusions of warranties and liability contained in this Agreement do not affect or prejudice the statutory rights of a consumer. The limitations or exclusions of warranties, remedies or liability contained in this Agreement apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.
13.4. Entire Agreement
You agree that this is the entire agreement between you and Agilers, which supersedes any prior agreement, whether written or oral, and all other communications between Agilers and you relating to the subject matter of this Agreement.
13.5. Reservation of rights
All rights not expressly granted in this Agreement are reserved by Agilers.