Tinovi Terms of Service
The Terms and Conditions(“Terms”) below are of application to all those who use Tinovi (“our”, “Tinovi”, “we”) services. These Terms and Conditions provided but not limited for the use Tinovi IoT service, software and servers, websites, forum, community and Tinovi API,Smartphone or other app offerings, and any other software or services offered by Tinovi in connection thereof, and/or accompanying materials, further in text “Tinovi services”, “Service”, “Services”.
THIS AGREEMENT is made by and between Tinovi (“we”, “Tinovi” “Tinovi services”), and You (“you”, “Your” or the “User”). Using Tinovi services User automatically covered by these rules. If you disagree with any provisions of this paragraph shall in no case do not take the Tinovi provided Services.
1. BETA Testing
1.1 Tinovi services is launched in beta testing mode. During this mode:
1.1(a) Tinovi service is free of charge, and balance is only for testing and informative purposes.
1.1(b) Beta testing mode for an indefinite period of time after the end of the balance will be reset to zero and the counters will be charged for paid services according to the price list.
2. General terms:
2.1 THE Tinovi services HEREUNDER IS STILL IN TESTING PHASE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND IS BELIEVED TO CONTAIN DEFECTS AND A PRIMARY PURPOSE OF THIS Tinovi services IS TO OBTAIN FEEDBACK ON PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. USER IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE Tinovi services. TINOVI MAKES NO WARRANTY THAT ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, NOR DOES TINOVI MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICES OR THAT ANY DEFECTS IN THE PLUG-IN WILL BE CORRECTED.
2.2 Tinovi not be liable if the User data is lost if the tinovi services is not available for some time, not working or working improperly.
2.3 Tinovi service can be deleted, terminated, interrupted for maintenance need at any time for duration of any time, for any reason or without reason.
2.4 Your data may be lost because system upgrades, as well as we are able to delete any data without prior notice and without explanation.
2.5 User may not upload files larger than 10Mbyte to da data source type plugin upload
2.6 User may not send data message larger than 1Kbyte by Tinovi protocol
2.7 You may use the Tinovi services solely as permitted and intended to and for no other purpose. You may not use Tinovi services in violation of Tinovi’s trademark or other rights or in violation of applicable law. Tinovi reserves the right at all times to reclaim any Tinovi subdomain without liability to you.
2.8 We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms nad Condition.
2.9 Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
2.10 The User should not be allowed access to the account to third parties, but if it happened then this Therms and Conditions are fully applicable to these persons.
2.11 You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Tinovi immediately.
2.12 You must be 13 years or older to use this Service.
2.13 IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE TINOVI SERVICES, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR
2.14 IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE TINOVI SERVICES. Every employee should be required to sign such an agreement. It accomplishes several purposes. First, it obligates the employee to keep confidential the proprietary information of the business, both during employment and after employment. Second, it ensures any inventions, ideas, products, or services developed by the employee during the term of employment and related to the business belong to the company and not the employee.
2.15 You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
2.16 All paid plans must enter a valid payment account. Free accounts are not required to provide payment account information.
2.17 IN NO EVENT SHALL TINOVI BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL AND/OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES RELATED TO THESE TERMS AND/OR WHETHER DIRECT OR INDIRECT: (a) LOSS OR DISCLOSURE OF DATA, (b) LOSS OF INCOME, (c) LOSS OF OPPORTUNITY, (d) LOST PROFITS, AND (e) COSTS OF RECOVERY OR ANY OTHER DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), VIOLATION OF STATUTE, OR OTHERWISE, AND WHETHER OR NOT TINOVI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, TINOVI LIABILITY HEREUNDER IS LIMITED TO $40.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
2.18 Tinovi does not warrant that (a) the service will meet your specific requirements, (b) the service will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the service will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (e) any errors in the Service will be corrected.
2.19 You expressly understand and agree that Tinovi shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Tinovi has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the service; (e) or any other matter relating to the service.
3. Termination
3.1 All of your Content will be immediately deleted from the Service upon you delete your account. This information can not be recovered once your account is deleted.
3.2 Tinovi, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Tinovi service, or any other Tinovi service, for any reason 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. Tinovi reserves the right to refuse service to anyone for any reason at any time.
3.3 This agreement is valid until the user uses Tinovi services. Upon any termination of the Tinovi services Confidentiality, Jurisdiction and Copyright Sections 6, 7, 8, 10, 12, 14, 15, 16 and 17 shall continue to be effective after these Terms are terminated.
4. Payment methods, agreement on payment:
4.1 All paid plans must enter a valid payment account.
Tinovi service is running in demo mode. During demo mode, balance information is for information purposes only and Tinovi services are provided to you without any charge, there are no any balance limits.
4.2 Base principle is to pay for what you use, it means you pay for storing and retrieving data from service.
The basic rates are 0.1 USD for 1 megabyte/week storage and 0.01USD for a reading of 1 megabyte. You can extend storage time for each registered device and each additional week will cost 0.1USD/mb.
The default and minimum amount of storage time is 2 weeks, so default storage cost is 0.2 USD/mb.
For example device storing data once in second stores 0.5 Mb/Day and this will cost you for storage 3 USD/Month.
The amount of data is charged only for data really sent or retrieved from a database, so there is no additional cost for system data added to store this data and there could be a difference in data retrieved from the database and sent a to client browser, because data is aggregated before sending.
4.3 When the current amount of the debt (or the month amount of the invoice) is higher for 10$ in (the previous month bill) Tinovi heav rigth to Invoice you immediately and stop the service till you pay the debt (bill).
4.5 There will be no refunds or credits for partial months of service,
4.6 All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
4.7 You are responsible for paying all reasonable expenses and attorneys fees Tinovi incurs collecting late amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights).
4.8 For any upgrade or downgrade in plan level while on a monthly billing cycle, the credit card that you provided will automatically be charged the new rate on your next billing cycle. For upgrades or downgrades while on a yearly plan, Tinovi will immediately charge or refund the difference in plan cost, prorated for the remaining time in your yearly billing cycle.
4.9 Tinovi meter measurements can not be challenged, you agree to pay under the Tinovi meter readings; in any other form of measured volume can not give rise to a dispute about the amount of duty, unless otherwise agreed to in writing.
4.10 Tinovi services are provided to you without charge up to certain limits. Usage over this limit requires your purchase of additional resources or services. The pricing for additional resources and services is negotiable by contacting info@tinovi.io
4.11 For all purchased resources and services, we will charge your credit card on a monthly basis or at the interval indicated in Tinovi fees and payment policies, if different. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less).
4.12 To the fullest extent permitted by law, refunds (if any) are at the discretion of Tinovi and only in the form of credit for the Tinovi services. Nothing in these Terms obligates Tinovi to extend credit to any party.
4.13 You acknowledge and agree that any credit card and related billing and payment information that you provide to Tinovi may be shared by Tinovi with companies who work on Tinovi’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Tinovi and servicing your account. Tinovi may also provide information in response to valid legal processes, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Tinovi shall not be liable for any use or disclosure of such information by such third parties. Tinovi reserves the right to discontinue the provision of the Tinovi services to you for any late payments.
4.14 Tinovi may change its fees and payment policies for the Tinovi services by notifying you at least fifteen (15) days before the beginning of the billing cycle in which such change will take effect. Changes to the fees or payment policies will be posted on the website (or such other URL Tinovi may provide from time to time). Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason.
4.15 You may not develop multiple Applications to simulate or act as a single Application or otherwise access the Tinovi services in a manner intended to avoid incurring fees.
5. Comunity:
5.1 Violation of any of the terms of this Agreement will result in the termination of your Account. While Tinovi prohibits such conduct and Content on the Service, you understand and agree that Tinovi cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
5.2 You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
5.3 By setting your Content to be viewed publicly, you agree to allow others to view your Content.
5.4 Tinovi does not pre-screen Content, but Tinovi and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
5.5 You shall defend Tinovi against any claim, demand, suit or proceeding made or brought against Tinovi by a third party alleging that Your Content, or Your use of the Tinovi service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Tinovi for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Tinovi in connection with any such claim, demand, suit or proceeding, provided, that Tinovi (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Tinovi of all liability); and (c) provides to You all reasonable assistance, at Your expense.
5.6 Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Tinovi customer, employee, member, or officer will result in immediate account termination.
5.7 You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
5.8 You must not transmit any worms or viruses or any code of a destructive nature.
5.9 You agree on the information, which is published by You on the forum, Tinovi can use for any purpose and remake or remake for own purposes, free of charge, insofar as it is without prejudice to the copyright of third parties and restrictions of external links
6. Developer:
6.1 You agree that you will protect the privacy and legal rights of the End Users(Tinovi sub service to User provided by You) of your Application. You must provide legally adequate privacy notice and protection for such End Users. If End User provide you with user names, passwords, or other login information or personal information, you must make the users aware that the information will be available to your Application and to Tinovi.
6.2 The Content displayed and/or processed through your Application or other website utilizing the Tinovi services shall not contain any of the following types of content:
(a) Content that infringes a third party’s rights (e.g., copyright) according to applicable law;
(b) Excessively profane content;
(c) Hate-related or violent content;
(d) Content advocating racial or ethnic intolerance;
(e) Content intended to advocate or advance computer hacking or cracking;
(f) Gambling;
(g) Other illegal activity, including without limitation illegal export of controlled substances or illegal software;
(h) Drug paraphernalia;
(i) Phishing;
(j) Malicious content;
(k) Mining/Generating Crypto Currencies including but not limited to BitCoin, DogeCoin, LiteCoin etc
(l) Other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights.
6.3 You may not and may not allow any third party, including your End Users, to:
(a) Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to:
(1) sending email in violation of the CAN-SPAM Act or any other applicable anti-spam law;
(2) imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
(3) data mining any web property (including Tinovi) to find email addresses or other user account information;
(4) sending unauthorized mail via open, third-party servers;
(5) sending emails to users who have requested to be removed from a mailing list;
(6) selling, exchanging or distributing to a third party the email addresses of any person without such person’s knowing and continued consent to such disclosure; and
(7) sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship.
(b) Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content
(c) Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
(d) Conduct or forward pyramid schemes and the like;
(e) Transmit content that may be harmful to minors;
(f) Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email;
(g) Illegally transmit another’s intellectual property or other proprietary information without such owner’s or licensor’s permission;
(h) Use the Tinovi services to violate the legal rights (such as rights of privacy and publicity) of others;
(i) Promote or encourage illegal activity;
(j) Interfere with other users’ enjoyment of the Tinovi services;
(k) Sell, trade, resell or otherwise exploit the Tinovi services for any unauthorized commercial purpose;
(l) Modify, adapt, translate, or reverse engineer any portion of the Tinovi services;
(m) Remove any copyright, trademark or other proprietary rights notices contained in or on the Tinovi services;
(n) Reformat or frame any portion of the web pages that are part of the Tinovi services’ administration display;
(o) Use the Tinovi services in connection with illegal peer-to-peer file sharing;
(p) Display any content on the Tinovi services that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights;
(q) Modify the Tinovi logo or any other Tinovi Marks; or
(r) Use the Tinovi services, or any interfaces provided with the Tinovi services, to access any Tinovi product or service in a manner that violates the Terms or other terms and conditions for use of such Tinovi product or service.
6.4 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access as part of, or through your use of, the Tinovi services are the sole responsibility of the person from which such content originated. All such information is referred as the “Content”. The term Content shall specifically exclude the web application that you create using the Tinovi services and any source code written by you to be used with the Tinovi services (collectively, “Applications”).
6.5 Tinovi reserves the right (but shall have no obligation) to remove any or all Content from the Tinovi services. You agree to immediately take down any Content that violates the Terms, including pursuant to a take-down request from Tinovi. In the event that you elect not to comply with a request from Tinovi to take down certain Content, Tinovi reserves the right to directly take down such Content or to disable Applications.
6.6 In the event that you become aware of any violation of the Terms by an End User of Applications, you shall immediately terminate such End Users’ account on your Application. Tinovi reserves the right to disable Applications in response to a violation or suspected violation of the Terms.
6.7 You agree that you are solely responsible for (and that Tinovi has no responsibility to you or to any third party for) the Application or any Content that you create, transmit or display while using the Tinovi services and for the consequences of your actions (including any loss or damage which Tinovi may suffer) by doing so.
6.8 You agree that Tinovi has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Tinovi services. You further acknowledge that you are solely responsible for securing and backing up your Applications and any Content.
6.9 Developer fee we pay only when we received the money from their customers
6.10 Except as provided in Section 8. License from You, Tinovi acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content or Applications that you create, submit, post, transmit or display on, or through, the Tinovi services, including any intellectual property rights which subsist in that Content and the Application (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Tinovi, you agree that you are responsible for protecting and enforcing those rights and that Tinovi has no obligation to do so on your behalf.
6.11 You may use the Tinovi services only to develop and run applications on the Tinovi API infrastructure. You may not access the Tinovi services for the purpose of bringing an intellectual property infringement claim against Tinovi or for the purpose of creating a product or service competitive with the Tinovi services.
7. License from Tinovi
7.1 Tinovi gives you a limited, personal, worldwide, revocable, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Tinovi as part of the Tinovi services as provided to you by Tinovi. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Tinovi services as provided by Tinovi, in the manner permitted by the Terms.
7.2 You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Tinovi services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Tinovi, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Tinovi services or any Applications running on the Tinovi services.
7.3 Open source software licenses for components of the Tinovi services released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your agreement with Tinovi for the use of the components of the Tinovi services released under an open source license.
7.4 Tinovi hereby grants you a limited, personal, revocable, non-exclusive, royalty-free, non-transferable license, with no right to sub-license, to display the tinovi trademarks and logos expressly provided to you by Tinovi for the sole purpose of promoting or advertising that you use the Tinovi services (the “Marks”). You agree that all goodwill generated through your use of the Tinovi Marks shall inure to the benefit of Tinovi. You shall not use any Tinovi Mark to disparage Tinovi, its products or services, or in a manner which, in Tinovi’s reasonable judgment, may diminish or damage its goodwill in the Mark or imply endorsement by Tinovi. You agree to cease all such uses upon written notification by Tinovi. You agree not to take any action which might lead a third party to think that any Tinovis’s Mark is owned by you, or which might adversely impact Tinovis’s reputation. You shall at all times use the Tinovi Marks in a manner consistent with trademark laws. You shall notify Tinovi immediately of any improper, infringing, confusing or unauthorized use of Tinovi’s Marks of which you become aware. You shall not alter the appearance of any Tinovi Mark or obscure such Mark in any way. Changing the color, font, or proportions of any Tinovi Mark is prohibited.
8. License from You
8.1 Tinovi claims no ownership or control over any Content or Application. You retain copyright and any other rights you already hold in the Content and/or Application, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying the Content on or through the Tinovi services you give Tinovi a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for the sole purpose of enabling Tinovi to provide you with the Tinovi services. Furthermore, by creating an Application through use of the Tinovi services, you give Tinovi a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Application for the sole purpose of enabling Tinovi to provide you with the Tinovi services.
8.2 You may choose to or we may invite you to submit comments or ideas about the Tinovi services, including without limitation about how to improve the Tinovi services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Tinovi under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/ or to disclose the Idea on a non-confidential basis or otherwise to anyone.
8.3 You agree that Tinovi, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Tinovi services.
9. ADD-ONS
9.1 Tinovi may make available through the Tinovi services additional features, functionality, and services offered by its third party partners (“Add-ons”). Your use of Add-ons is subject to these Terms and to the applicable fees. You acknowledge for each Add-on you subscribe to or purchase through the Tinovi services, these Terms constitute a binding agreement between you and the third party licensor of that Add-on (“the Add-on Provider”) only. The Add-on Provider of each Add-on is solely responsible for that Add-on, the content therein, and any claims that you or any other party may have relating to that Add-on or your use of that Add-on. You acknowledge that you are purchasing the license to each Add-on from the Add-on Provider of that Add-on; Tinovi is acting as agent for the Add-on Provider in providing each such Add-on to you; Tinovi is not a party to the license between you and the Add-on Provider with respect to that Add-on; and Tinovi is not responsible for that Add-on, the content therein, or any claims that you or any other party may have relating to that Add-on or your use of that Add-on. You acknowledge and agree that Tinovi and its affiliates are third party beneficiaries of the agreement between you and the Add-on Provider for each Add-on, and that Tinovi will have the right (and will be deemed to have accepted the right) to enforce such license against you as a third party beneficiary thereof.
9.2 By subscribing to or purchasing an Add-on, you grant Tinovi permission to share your Application, Content, and user information with the Add-on Provider as necessary in order to provide you the Add-on.
9.3 The license granted to you to use any Add-on is personal to you, and is not sublicensable to your End Users. You may not provide or resell Add-ons to others
10. Indemnification.
10.1 You agree to hold harmless and indemnify Tinovi, its parent company, affiliates and subsidiaries, officers, directors, members of each and all agents, employees, advertisers, licensors, suppliers and/or partners, (collectively “Tinovi Indemnified Parties”) from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Tinovi Programs and/or Tinovi services, (c) your violation of applicable laws, rules or regulations in connection with the Tinovi services, or (d) your user content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Tinovi will provide you with written notice of such claim, suit or action.
11. Changes to the Terms
11.1 No waiver or amendment of any term or condition of the Terms shall be valid or binding on either party unless agreed to in writing by both parties.
11.2 If Tinovi makes changes to these Terms and Conditions, we will posting a notice on our web-site before the changes are effective. Any new features that augment or enhance the current service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Tinovi service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://tinovi.io/partials/terms.html
11.3 When we launch new services and applications then these rules also apply to them, and if you continue to use our services then automatically agree to the Terms and Conditions.
12. Additional Terms
12.1 You agree not to, and not to allow your Users, including employees and third parties, to use the Services for the following prohibited purposes:
12.2 You and Tinovi are independent contractors. Use of the Tinovi services does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
12.3 You may not assign your rights or delegate your duties under these Terms either in whole or in part, and any such attempted assignment or delegation shall be void.
12.4 Force Majeure. Neither party will be responsible for any delay, interruption or other failure to perform under these Terms due to acts beyond its reasonable control, but only for so long as such conditions persist. Force majeure events include, but are not limited to: natural disasters (e.g., lightning, earthquakes, hurricanes, floods); wars, riots, terrorist activities, and civil commotions; activities of local exchange carriers, telephone carriers, wireless carriers, Internet service providers, and other third parties; explosions and fires; embargoes, strikes, and labor disputes; governmental decrees; and any other cause beyond the reasonable control of a party.
12.5 You acknowledge that the Services are not designed or intended for access and/or use in or during high-risk activities including, but not limited to: medical procedures; online control of aircraft, air traffic, aircraft navigation or aircraft communications; or the design, construction, operation or maintenance of any nuclear facility. Tinovi hereby expressly disclaims any express or implied warranty of fitness for such purposes.
12.6. Both parties agree to comply with all applicable local, state, national and foreign laws, rules, and regulations, including, but not limited to, all applicable import and export laws and regulations, in connection with their performance, access and/or use of the Tinovi services. Notwithstanding the preceding sentence Tinovi does not guarantee, that the Services shall be appropriate and/or available for use in any particular location and you are responsible for compliance with local laws to the extent applicable.
12.7 Captions and headings are used herein for convenience only, are not a part of the Terms, and shall not be used in interpreting or construing these Terms.
12.8 The English language version of the Terms shall be the controlling version and is incorporated by reference into any translation of the Terms. Any translation or other language version of the Terms shall be provided for informational purposes only.
12.9 Pronouns contained in the Terms shall apply equally to the feminine, neuter and masculine genders. The singular shall include the plural, and the plural shall include the singular.
12.10 The Tinovi services is intended for use only from within the Republic Latvia. If you choose to access the Tinovi services from locations other than the Republic Latvia, you do so on your own initiative and at your own risk and you are responsible for compliance with all relevant laws and regulations, including those relating to export, import, use, transmission and/or communication of the Tinovi Content and User content. Notwithstanding the foregoing, Tinovi makes no representation that all Tinovi Content will be appropriate or available for use in any location, including locations where the Tinovi services is listed as available generally, and accessing Tinovi Content from locations where the Tinovi Content is illegal if prohibited.
13. Third party
13.1 You understand that Tinovi uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
13.2 Tinovi not responsible for third party gadget proper operation and does not give them a guarantee and is not financially responsible for the damages caused.
13.4 You agree that the gadget transmitted and user data will be placed (and broadcast) to a third party infrastructure (eg servers, Internet connection, etc.) for which the quality Tinovi is not responsible.
14. Proprietary Rights
14.1 You acknowledge and agree that Tinovi (or Zinnode’s licensors) own all legal right, title and interest in and to the Tinovi services, including any intellectual property rights which relates to or subsists in the Tinovi services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
14.2 Unless you have agreed otherwise in writing with Tinovi, nothing in the Terms gives you a right to use any of Tinovi trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
14.3 This Agreement does not constitute a grant or an intention or commitment to grant any right, title or interest in Tinovi services or Tinovis’s trade secrets to a User. The User may not sell or transfer any portion of Tinovi services to any third party or use Tinovi services in any manner to produce, market or support its own products. User shall not identify Tinovi services as coming from any source other than Tinovi.
15. Confidential Information.
15.1 User can not copy or redistribute source code got from tinovi excluding Tinovi source code what are distributed under open source License terms and published on Github by Tinovi
15.2 Tinovi services can contain sensitive information, so the user is forbidden to transfer to third parties (or publish, or other use) a previously unpublished confidential information without Tinovi written permission even when terminate usage of the Tinovi services. Confidential information should not be disclosed after the service discarded.
16. Copyright
16.1 Tinovi protocol is copyright of Tinovi and could be used only with Tinovi services
16.2 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Tinovi services, use of the Tinovi services, or access to the Tinovi services without the express written permission by Tinovi.
16.3 All user suggestions and ideas Ointment free of charge and without any prior notice can be used for any purpose even if they are with a view to making a profit.
16.4 Beta Test Products and Services are the property of Tinovi.
16.5 Tinovi respects the intellectual property rights of others, and we expect our Users to do the same.
16.6 If you believe the Tinovi services have been used in a way that constitutes copyright infringement, please notify us as follows: Send a message to info@tinovi.io, providing all of the following information, as required by the Digital Millennium Copyright Act (“DMCA”):
A statement that you have identified content on the Service that infringes a copyright you own or the copyright of a third party for whom you are authorized to act;
A description of the copyrighted work you claim has been infringed;
A specific description of where the allegedly infringing material is located on the Services, including a URL or exact description of the content’s location;
Your full name, address, telephone number, and e-mail address;
A statement that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use);
A statement that, under penalty of perjury, the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and
Your electronic or physical signature (e.g., a scanned copy).
Please send your notice by email to: info@tinovi.io Copyright infringement
16.7 Tinovi reserves the right to delete or disable allegedly infringing content and to terminate the accounts of User(s) who are repeat infringers. Tinovi also reserves the right to forward the information in the copyright-infringement notice to the User who allegedly provided the infringing content.
17. Governing Law and Jurisdiction
17.1 If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best to effect the intent of the parties.
17.2 This Agreement shall be governed in accordance with the laws of the republic of Latvia. The parties consent to the exclusive jurisdiction and venue of the Supreme and District courts located in Latvia, in any action arising out of or relating to this Agreement. The parties waive any other venue to which either party might be entitled by domicile or otherwise.