Tinybeans Terms and Conditions
The Tinybeans Promise
Giving families peace of mind is at the heart of everything we do at Tinybeans and so we wanted to share our commitment to you and your family:
- You own your photos and memories at all times.
- You control who can access your memories.
- We will never share your personal information without your permission.
Welcome to the Tinybeans App and Tinybeans.com (the "Service") which are provided to you by Tinybeans USA Ltd. and our affiliates (referred to herein as "Tinybeans," "our," "we," or "us"). This Agreement applies to all visitors, users, and others who access the Service ("Users").
Your access and use of the service is subject to the following terms and conditions (the "Terms and Conditions" or "Agreement") and all applicable laws. By accessing or using any part of the Service, you accept, without limitation or qualification, these terms and conditions.
Tinybeans is a mobile and web-based technology platform that provides parents with one safe space to capture and share their children’s life stories with family. Tinybeans offers an experience without the distractions or privacy concerns that arise when sharing a child’s memories.
2. Basic Terms
You may use the Service only if you can form a binding contract with Tinybeans and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and Conditions on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Service only in compliance with these Terms and Conditions and all applicable local, state, national, and international laws, rules and regulations. The Service is not intended for children under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE. By using the Service, you represent and warrant that you are at least 18 years of age.
3. Tinybeans Service
Subject to the terms of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. Tinybeans reserves all rights not expressly granted herein in the Service and the Tinybeans Content (as defined below). Tinybeans may terminate this license at any time for any reason or no reason. Your Tinybeans account gives you access to the Service and functionality that we may establish and maintain from time to time and in our sole discretion.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password within your reasonable control. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Tinybeans immediately of any breach of security or unauthorized use of your account. Tinybeans will not be liable for any losses caused by any unauthorized use of your account.
6. Use of the Service
This Service is provided for your personal and non-commercial use and for informational purposes regarding our services only. Any other use of the Service requires the prior written consent of Tinybeans.
You agree not to engage in any of the following prohibited activities:
(i) using any scraper, spider, robot or other automated means of any kind to access the Service, deep-link to any feature or content on the Service, crawl the Service in any manner, or bypass any other measures we may use to prevent or restrict access to the Service; (ii) overloading, flooding, spamming, mail-bombing the Service, or scripting the creation of content in such a manner as to interfere with or create an undue burden on the Service; (iii) undertaking, causing, permitting or authorizing the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the Service or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by law, or otherwise attempt to use or access any portion of the Service other than as intended by Tinybeans; (iv) reproducing, distributing, displaying, performing, selling, trading, reselling or exploiting any portion of the Service, use of the Service, access to the Service or content obtained through the Service for any purpose; (v) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (vi) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vii) uploading, sending, posting, transmitting or otherwise making available any invalid data, viruses, worms, or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service; (viii) uploading or otherwise transmitting to or through the Service any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit or, hateful or otherwise objectionable material of any kind; (ix) collecting or harvesting any personal information, including account names, from the Service; (x) deleting the copyright and other proprietary rights notices; (xi) uploading, posting or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise); (xii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (xiii) using any trademarks, service marks, design marks, logos, photographs or other content belonging to Tinybeans or obtained from the Service; (xiv) interfering with the proper working of the Service; (xv) accessing, tampering with, or using any content, user accounts, personal information or other information on the Service through any technology or means other than those provided or authorized by the Service; or (xvi) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
7. Termination of Access
In addition to any right or remedy that may be available to us under these Terms and Conditions or applicable law, we expressly reserve the right to suspend, limit or terminate your access to the Service, at any time with or without notice and with or without cause, including if Tinybeans determines, in our sole discretion, that you pose a threat to the Service or its users. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.
8. Third-Party Links
This Service may contain links to other web sites and apps not maintained by Tinybeans. Other web sites and apps may also reference or link to our Service. We encourage you to be aware when you leave our Service and to read the terms and conditions and privacy statements of each and every site and app that you visit. We are not responsible for the practices or the content of such other services.
9. User Content and Your License to Tinybeans
Tinybeans expects all of its users to be respectful of other people. The following is a partial list of the types of conduct that are illegal or prohibited on the Service. Tinybeans reserves the right to investigate and take appropriate legal action against anyone who, in Tinybeans’s sole discretion, engages in any of the prohibited activities. Without limitation, you agree that you will not post or transmit to other users anything that contains Content that:
- is defamatory, abusive, obscene, profane or offensive;
- infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service);
- violates any party’s right of publicity or right of privacy;
- is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- promotes or encourages violence;
- is inaccurate, false or misleading in any way;
- is illegal or promotes any illegal activities;
- promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or providing information to circumvent security measures;
- contains "masked" profanity (i.e., F*@&#)
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
Tinybeans is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion. Tinybeans will make all determinations as to what Content is appropriate in its sole discretion. Tinybeans may edit or remove any Content at any time without notice. You affirm, represent and warrant (i) that your User Content is original and you own all right, title, and interest in and to your User Content and any and all elements thereof or you have the rights in and to your User Content and have the consent of each and every identifiable natural person in the User Content to use and provide us with such person’s name, likeness, or other personal information in the manner contemplated by the Service, or the natural person’s parental consent in the case of any minors under the age of 18; and (ii) your User Content and our use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property, privacy, proprietary, confidentiality, and / or any other similar rights. Tinybeans will not be responsible or liable for any User Content that you or any User provides and for any consequences thereof, including the use of your User Content by other Users and third parties. You shall be solely responsible for your User Content and the consequences of posting or publishing it. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate, or otherwise unsuited to your purpose, and you agree that Tinybeans shall not be liable for any damages you allege to incur as a result of User Content.
10. Proprietary Rights
Tinybeans is the owner of or otherwise licensed to use all parts of the Service, including all copy, software, graphics, designs, photographs, and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Service may belong to third parties who have authorized Tinybeans to display the materials, such as other User Content, or other such proprietary materials. By using the Service, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Service. All rights not granted under these Terms and Conditions are reserved by Tinybeans.
11. Tinybeans Family Premium and Purchases
When you sign up for a monthly, annual or lifetime Tinybeans Family Premium subscription service, you will receive additional features that are not available in the free version of the Service. Premium subscriptions will automatically renew unless you cancel the subscription according to the cancellation method provided below. We may also offer other products for purchase through our Service for which our billing and payment policies herein will apply.
a. Billing Policies
If you elect to use Tinybeans Premium or purchase a product made available through the Service, you agree to these pricing and payment terms, as we may update them from time to time. Tinybeans may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion; provided, however we will communicate any change in price to any Tinybeans Premium subscription to you. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.
b. Premium Subscriptions Paid in Advance
Tinybeans Family Premium subscriptions can be purchased monthly, annually or lifetime. Tinybeans is not responsible for any charges or expenses you incur resulting from charges billed by Tinybeans in accordance with the Terms and Conditions (e.g. overdrawn accounts, exceeding credit card limit, etc.). By providing a credit card number or other payment method with advance authorization features, you authorize Tinybeans to continue charging the payment method for all charges due Tinybeans until your Tinybeans Premium account is settled and is terminated by either you or Tinybeans. Tinybeans reserves the right to limit the number of accounts that may be charged to a credit card or other payment or identification method per unique user.
c. Automatic Renewal of Subscriptions
YOU WILL RECEIVE A REMINDER FIVE (5) DAYS BEFORE THE END OF ANY SUBSCRIPTION PERIOD GIVING YOU NOTICE THAT YOUR SUBSCRIPTION WILL BE RENEWED AND YOUR ACCOUNT CHARGED IF YOU DO NOT TAKE ANY ACTION TO CANCEL OR DOWNGRADE YOUR ACCOUNT. IF YOU WANT TO CHANGE YOUR ACCOUNT TYPE, YOU MAY DO SO AT ANY TIME BUT NOTE THAT IF YOU DECIDE TO DOWNGRADE YOUR ACCOUNT, YOU WILL CONTINUE TO HAVE ACCESS TO THE PREMIUM SERVICE UNTIL THE END OF YOUR PAID SUBSCRIPTION PERIOD. You may cancel your Tinybeans account at any time by sending an email to firstname.lastname@example.org. Any cancellation email should include your name, the email address you registered with, and a phone number where you can be reached. Your account will be canceled within 48 hours of your cancellation request.
d. Payment Methods
Tinybeans accepts credit and debit cards issued through VISA, MasterCard, American Express, and Discover. Tinybeans requires that you provide the security code for your debit or credit card to protect against the unauthorized use of your card by other persons. The security code is an individual three- or four-digit number specific to your card that may be printed on the face of your card above the embossed account number (if American Express), or on the back of your card, on the signature panel (if Visa, or MasterCard). In the event that Tinybeans is unable to charge the card you have provided (i.e. expired credit card), we will send you a notice to update your card information. You will have a 3-day grace period to update your billing information. If the account is not updated within the 3-day grace period, we may terminate your Premium subscription.
e. No Refunds
You may downgrade your Tinybeans Premium subscription to the free version at any time; however, there are no refunds for any unused portion of a subscription, subscription fees for any portion of the Service or any other products sold on our site. As noted above, the downgrade will take effect after the last day of the current subscription period, unless you completely deactivate your account, in which case your account will be terminated at that time. Notwithstanding the above, we reserve the right to consider a refund request on a case by case basis, in our sole discretion.
f. Payment Information; Taxes
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
12. Closing Your Account
To cancel your account, send an email to email@example.com and provide your name, the email address associated with your account, and a phone number where you can be reached.
Tinybeans cares about the integrity and security of your personal information. 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.
Tinybeans will store and process User Content in a manner consistent with industry security standards. Tinybeans has implemented appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure the security, integrity, and confidentiality of User Content and to mitigate the risk of unauthorized access to or use of User Content. If Tinybeans becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, personal data related to your account (“Security Incident”), Tinybeans will take reasonable steps to notify you. Tinybeans will also reasonably cooperate with you with respect to any investigations relating to a Security Incident with preparing any required notices, and provide any other information reasonably requested by you in relation to any Security Incident, where such information is not already available to you in your account or online through updates provided by Tinybeans.
You agree to indemnify, defend and hold harmless Tinybeans, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms and Conditions or applicable law.
15. No Warranties / Limitation of Liability
WHILE TINYBEANS USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE SERVICE, TINYBEANS MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS. TINYBEANS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SERVICE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS" AND TINYBEANS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TINYBEANS DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TINYBEANS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TINYBEANS SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL TINYBEANS BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You hereby submit to the exclusive jurisdiction of the American Arbitration Association ("AAA") in connection with any dispute relating to, concerning, or arising out of the Service or this Agreement. The arbitration will be conducted before a single arbitrator and will be held at the AAA location in New York, NY. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Tinybeans will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against Tinybeans in violation of this paragraph, you agree to pay Tinybeans’ reasonable costs and attorneys’ fees incurred in connection with its enforcement of this paragraph.
17. Governing Law
THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THESE TERMS AND CONDITIONS. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE SERVICE.
18. Entire Agreement and Changes
These Terms and Conditions may be changed at any time without prior notice. Tinybeans will make such changes by posting them on the Tinybeans App or web site or both or by other reasonable means in our sole discretion. Your continued use of the Service after such changes conclusively demonstrates your acceptance of those changes. Tinybeans may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. If you do not agree to any of these Terms and Conditions or any future Terms and Conditions, do not use or access (or continue to access) the Service.
If any part of this Agreement is held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
20. No Waiver
The failure of either party to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.
Should you have any questions regarding these Terms and Conditions you may contact us at firstname.lastname@example.org.
These Terms and Conditions are effective and were last updated on February 5, 2019.