If you choose to use TinyMDM, you acknowledge that you have read and understand the terms and conditions quoted below and agree to the prices published on the site. These terms and conditions constitute an agreement between the Customer and the Company (as set forth below) pursuant to the Customer’s request to the Company to provide a business mobile fleet management service. Any product ordered at one of our offices, via the internet or otherwise, shall constitute a contractual agreement of terms and conditions between the Customer and the Company.
These terms will be effective upon your creation of a Customer account on the TinyMDM website.
Definitions
- “TinyMDM” or “Company”: the entity providing the Service
- “Service” means the TinyMDM business mobile fleet management service
- “Website”: the website www.tinymdm.net
- “Plan”: automatically renewable subscription, giving the right to use monthly or annual License(s) according to the chosen Plan.
- “License”: right to use TinyMDM according to the terms and conditions, for the period defined by the chosen Plan.
- “User”: person or company using the TinyMDM service
- “Account”: login and password giving access to your personal data
- “Subscription”: a payment or promise to pay associated with a Plan
- “Platform” means the software or hardware that provides the Service
Access to the Service
When TinyMDM confirms your agreement, the rights granted to you under this Agreement allow you to access the Services via an account (your “Account”). If you are an organization, you may authorize designated employees or contractors within your organization to access the Services through your Account. You will receive a user ID and choose a password. Each User ID is personal in nature and can only be used by you or, if you are an organization, the applicable User.
Responsibility for User’s Actions
You are solely responsible for all use of the Service through your Account, the actions of each User of your Account, and each User’s compliance with the applicable terms of this Agreement. You ensure the security and confidentiality of each User ID and immediately notify the Company if any Account information is lost, stolen or compromised.
You acknowledge that you are fully responsible for all costs, fees, liabilities, or damages incurred, as well as for material transferred, stored, modified, or shared via the use of each User ID. You acknowledge that all services ordered or transactions conducted through your Account will have been legally completed by you.
The Company will not be liable in any way for the foregoing obligations or for your failure to comply with such obligations. You will be solely responsible, at your own expense, for the acquisition, installation and maintenance of the Service and other equipment necessary for you and each User to use the Service and access the Platform.
Restrictions
You may not, directly or indirectly: copy, distribute, rent, time-share, 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. Modifying, reproducing, performing, displaying, creating derivative works of, republishing, publishing, transmitting, participating in the transfer or sale of, distributing or otherwise exploiting the Service without the prior written permission of TinyMDM is not permitted. As between the parties, title, ownership rights and intellectual property rights in and to the Service, and any copies or portions thereof, shall remain with TinyMDM and its suppliers.
You understand that TinyMDM freely reserves the right to modify or evolve its Service, without regression of availability or removal of features, except to comply with applicable law and except for changes or removal of features imposed by Google, Android or certain manufacturers of devices supported by TinyMDM. TinyMDM also reserves the right to discontinue the Service, in respect of current Plan, and undertakes, upon request, to return to the User, free of charge, all of the User’s data processed by the Software, without retaining a copy of any kind. The data is returned to the User in .csv format which does not require the use of the Service to be reused. No other services will be provided by TinyMDM under reversibility, as TinyMDM is not required to provide any continuity of service rendered through the Service.
The Service is protected by copyright treaties. All rights not expressly stated herein are reserved.
Redistribution of the Service
If you wish to resell the Service to your own customers, we may grant you that permission, provided you request 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. TinyMDM’s offer of a price quote to a customer and if their resale activity has been identified during the course of various exchanges constitutes acceptance of the resale authorization.
Payments
You agree to pay TinyMDM all fees specified in the order confirmations and any other fees specified on the Site or via the Services. Fees for each billing period will be due at the beginning of the period (unless otherwise agreed). By agreeing to these Terms, you authorize TinyMDM to send instructions to the financial institution that issued your card to accept payments from your Account in accordance with the Terms of your agreement with TinyMDM (you authorize TinyMDM to make a payment or series of payments on your behalf). You also agree to receive invoices electronically (in the administrator console and by email to the provided email address).
In the event of unpaid invoices beyond their due date, several reminders will be sent by email. If within 2 months, the unpaid invoice is still not paid, the Customer is notified by email that he has 7 days to regularize his situation before the Account is suspended. In case of suspension, the service may be reinstated upon payment of the outstanding balance, late payment interest and collection fees as defined below.
Any unpaid invoice will automatically accrue late interest from day to day until the date of its full payment in principal, interest, costs and accessories, at a rate equal to three (3) times the legal interest rate, without prejudice to damages that TinyMDM reserves the right to seek judicially. A fixed indemnity of 40 €/$/£/CAD for collection costs will also be applied to each invoice that has not been paid on time. Any other costs incurred by TinyMDM for the collection of amounts unpaid by the Customer (procedural costs, disbursements and legal and bailiff’s fees) are deemed to constitute an accessory to TinyMDM’s claim and shall be borne entirely by the Customer.
Licenses are automatically renewed every month or every year, depending on the Plan chosen, for the same duration. Licenses added during the course of a Plan are invoiced at the time of addition, prorated to the time remaining before the end of the Plan. Users are free to cancel their license renewal at any time before the renewal date.
The price may not change during the term of the License. In the event of a price increase, the new price will apply to the renewal of the Plan and to the purchase of additional Licenses during the term of the Plan.
Indemnity
To the fullest extent permitted by law, you are responsible for your use of the Service, and you shall defend, indemnify and hold harmless TinyMDM and its subsidiaries, agents, licensors, managers and other affiliates, and their employees, contractors, agents, officers and directors, from and against any and all claims, liabilities, damages, obligations, losses, liabilities, costs or indebtedness, and expenses (including, but not limited to, attorneys’ fees) arising out of:
- (a) your use of and access to the Service, including any data or content transmitted or received by you;
- (b) your breach of any term of these Terms and Conditions, including, without limitation, your breach of any of the above representations and warranties;
- (c) your violation of any right of a third party, including, without limitation, any right of privacy or intellectual property;
- (d) your violation of any applicable law, rule or regulation;
- (e) any claim or damage resulting from any content submitted through your Account; or
- (f) access to and use of the Service by any other party with your username, password or other appropriate security code. We reserve the right, at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to such matter), and in such event, you agree to cooperate with our defense of such claims.
SLA – Service Level Agreement
Availability
- TinyMDM does not guarantee 100% service availability all the time. TinyMDM will make every effort to avoid hardware, network, or software outages and to ensure maximum availability of its services.
- TinyMDM guarantees a 99% monthly availability rate. The break in availability is counted from the beginning of the reporting of the incident by The User, until the full restoration of the Service. In case of exceptional scheduled maintenance, you will be informed 3 days before the start of the maintenance.
- If the monthly availability is less than 99%, you will be able to request a partial or total refund of the fees corresponding to the period of the failure. At most, the total amount paid per month can be reached for an incident in that month.
Customer Support
Customer Support is included in the service offering and is provided via email from the Platform. First response time: 1 business day. Resolution time: 3 business days. The Customer Support service is open from Monday to Friday from 9am to 6pm. In case of a major problem, in case a ticket stipulates URGENT, the customer is called back by phone within the day (if the ticket was created before 4:30 pm).
No Warranty
No party shall be liable to the other for any delay or failure to perform its obligations under these Terms due to causes beyond its control, including, without limitation, any of the following: telecommunication failure, governmental act, fire, war, or natural disaster. For the avoidance of doubt, nothing in this clause will relieve you or any Paying User of any payment obligation under these Terms.
The Service is provided “as is” and “as available.” You acknowledge that you use the Service at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Without limiting the foregoing, the Company, its subsidiaries, affiliates and 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 time or place, without interruption or security; that all 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 downloading or use of the service. The Company does not warrant, endorse, guarantee or assume any responsibility for any product or service advertised or offered by any third party through the Company’s Service or any hyperlinked website, and the Company will not be a party to any contract entered into between you and any third party product or service providers. Because federal law, some states, provinces and other jurisdictions do not allow exclusions and limitations of certain implied warranties, some of the above limitations may not apply to you.
Limitation of Liability
To the extent possible under applicable law, no company, its affiliates, agents, directors, employees, suppliers, or licensors shall be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss, profits, business gestures, use, data, or other intangible losses, arising out of the use of, or inability to use, this Service.
In no event will the Company be liable for any damages, loss or injury resulting from hacking, tampering or other unauthorized access to or use of the Service, your Account or the information contained therein. To the maximum extent permitted by applicable law, the Company assumes no liability for:
- (a) errors, mistakes or inaccuracies in content;
- (b) personal injury or property damage of any kind resulting from your access to or use of the Service;
- (c) any unauthorized access to or Use of our secure servers and/or any personal information stored therein;
- (d) any interruption or termination of transmission to or from the Service;
- (e) any bugs, viruses, Trojan horses or the like that may be transmitted to or through our Service by any third party;
- (f) any errors or omissions in any Content or any loss or damage resulting from the use of any Content posted, emailed, transmitted or otherwise made available through the Service; and/or
- (g) User Content or defamatory, offensive or illegal conduct of any third party.
Under no circumstances will the Company, its affiliates, agents, directors, employees, suppliers or licensors be liable for any claims, actions, liabilities, obligations, damages, losses or costs in an amount greater than the amount you paid to the Company.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other ground, even if the Company has been advised of the possibility of such damage. The foregoing limitation of liability applies 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.
Warranties
- TinyMDM shall notify Customer in the event of any failure or unavailability of the Service, as well as significant changes to the Service.
- TinyMDM warrants that the Service does not violate any applicable laws or regulations,
- TinyMDM warrants that the Service does not, in whole or in part, infringe or counterfeit any copyright, patent, trademark, or other intellectual property right belonging to any third party or constitute any unfair or parasitic competition.
- TinyMDM warrants that it is the owner of the rights to use, distribute, exploit the tools, which it does not own, and used and/or provided for the purpose of performing this Agreement.
Changes
TinyMDM reserves the right to update its Terms and Conditions, Privacy Policy and Cookie Policy and agrees to notify Customer by any means. Continued use of the Software and/or use of the support and maintenance services after TinyMDM has notified Customer of any changes to the Terms and Conditions shall constitute Customer’s unconditional acceptance of the new Terms and Conditions so notified. The latest version of the Terms and Conditions may be freely viewed by Customer at any time on this same page.
Applicable Law
These Terms shall be governed by and construed in accordance with the laws of France without regard to its conflict of laws provisions. Each party submits to the exclusive jurisdiction of the French courts. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such rights. If any provision of these Terms is found by a court to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect. These Terms constitute the entire agreement between us with respect to our Service, and supersede any prior agreement we may have had between us with respect to the Service.
Links to Third Party Sites
The Service may contain links to third-party websites, mobile applications, advertisers, services, special offers or other information, materials, events or activities that are not owned or controlled by TinyMDM. Links to third party sites included in the Service are for your convenience only and TinyMDM does not endorse or assume any responsibility for such third party sites.
If you access any third-party site from the Service, you do so at your own risk, and you understand that this Agreement and the Company’s Privacy Policy do not apply to your use of such third-party sites. You expressly release the Company from any and all liability arising from your use of any third party site.
Security & Hosting
Find the list of measures taken to guarantee the security of data and the information system.
Processing of personal data
Is TinyMDM acting as a data controller or as a data processor? The answer is both. The data controller is the entity that determines the purposes and means of the current data processing. A data processor is an entity acting on behalf of and under the instructions of a data controller in the processing of personal data. The TinyMDM Service, which consists of processing actions carried out by the Customer on the Administration Console to remotely manage its business mobile devices, is carried out by the Company both as a data controller and as a data processor:
- The execution of the Service requires the processing of personal data, such as the name, surname, title of the account holder, his/her position, company address, etc. This data is transmitted by the Customer to TinyMDM, which processes it as the data controller. More information: our Privacy policy.
- TinyMDM then uses this data to complete the remote management of the business mobile devices, a task that TinyMDM performs as a data processor. More information: our DPA.
COMPANY
ARS NOVA SYSTEMS SAS
9 rue des Olivettes
44000 Nantes – FRANCE
RCS NANTES 539259416
VAT FR38539259416