TERMS & CONDITIONS
TinyApp application and related services are owned, developed and maintained by HelsinkiNYC International Oy, Company ID in Finnish Trade Register: 2546069-5, address: Lapinlahdenkatu 16, 00100 Helsinki, Finland. These Terms & Conditions set out the rules for using the TinyApp mobile/web applications and related services, as well as the TinyApp website and any subdomains thereof.
HelsinkiNYC International Oy (hereinafter “TinyApp”, ”us”, ”we”, or ”our”) administers and offers for use the TinyApp website and the TinyApp mobile/web applications. By “Services” hereunder, we are referring to the TinyApp Mobile Application, the TinyApp Web Application and the TinyApp Website. Reference to “Terms” shall mean these Terms & Conditions.
For the purposes of these Terms, the definition of “User” shall refer to both our business and consumer customers, as applicable. With regards to business customers the scope also encompasses their authorized sub-users of the Services. The definition of “User” also includes unregistered visitors to TinyApp Website. Sub-users authorized by the User may be employees, sub-contractors or service providers of the User and/or legal guardians of the children within the User’s care, as separately agreed between the User and TinyApp under the service agreement between the parties. Users shall be responsible for the acts and omissions of any sub-user it has inserted into the Services as for its own acts and omissions.
The Services provided by TinyApp are a private social network designed to work especially in the world of families and teachers. Our Services include the essentials for an active and efficient communication between nurseries, clubs and families.
Each sign up to the Services is approved by us. We will do our best to approve your sign up right away, but please be aware that there might be short delays in the approval process that may have an effect on your ability to log in to the service.
The Services are an evolving one. The Services are continuously being updated and this may cause service breaks, disruptions or other similar issues. Where possible, you will be informed of all upcoming service breaks.
Disclaimer of warranty and liability
You expressly agree that the use of the Services is at your sole risk. Neither TinyApp, nor any of its respective employees, contractors, third party content providers or licensors warrant that use of the Services will be uninterrupted or error free; nor do they make any warranty as to (i) the results that may be obtained from use of the Services, or (ii) the accuracy, reliability or content of any information, service or product provided through the Services.
The Service are made accessible on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. We do not guarantee that the Services will be suitable for all your needs. TinyApp acts exclusively as a provider of the platform and Users shall be liable for the use of the Services and the material and content they submit to the Services.
This section does not limit our statutory liability for defects in the Services in relation to our consumer customers or any liability that, by law, cannot be limited or restricted, or your statutory remedies for defects or delays under any applicable mandatory consumer protection laws.
We will not be liable for any network-related problems attributable to the operation of the Services. Network configuration changes may affect the system’s performance.
Specific end-user terms concerning TinyApp mobile applications available for iOS and Android mobile operating systems
To the extent you have downloaded TinyApp mobile application from the App Store, you acknowledge that this Agreement is concluded between you and TinyApp only, and not with Apple Inc., or its affiliates (together as “Apple”), and TinyApp, not Apple, is solely responsible for the iOS TinyApp mobile application and the content thereof as set out in this Agreement. You agree that Apple is a third-party beneficiary of the Agreement and that, upon your acceptance of the Agreement, Apple shall have the right (and shall be deemed to have accepted the right) to enforce the Agreement against you as a third-party beneficiary thereof.
To the extent you have downloaded TinyApp mobile application from Google Play, you acknowledge that Google Ireland Limited or its affiliates (together as “Google”) shall not be responsible for the execution of nor have any liability whatsoever under this Agreement.
Notwithstanding anything to the contrary under this Agreement, you acknowledge that the license granted to you for iOS TinyApp mobile application downloaded from Apple’s App Store is further limited to a non-transferable license to use the iOS TinyApp mobile application on any products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service and this Agreement.
Provided that any maintenance or support activities concerning the TinyApp mobile application would be required under applicable law, TinyApp, not Apple nor Google, shall be obligated to provide any such maintenance or support for iOS TinyApp mobile application and/or Android TinyApp mobile application.
To the extent TinyApp is required to provide intellectual property rights indemnification by applicable law, we, not Apple nor Google, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the iOS or Android TinyApp mobile application or your use of it infringes any third-party intellectual property right.
To the extent any warranty exists under applicable law concerning TinyApp mobile application that cannot be disclaimed, we, not Apple or Google, shall be solely responsible for such warranty.
We, not Apple, are responsible for addressing any claims by you or any third party relating to the iOS TinyApp mobile application or your possession and/or use of the iOS TinyApp mobile application, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS TinyApp mobile application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. This Agreement does not limit our liability to you beyond what is permitted by applicable law.
Subject to due payment of the service fees and compliance with this Agreement, TinyApp grants you a non-exclusive, non-transferable and revocable right to enter and use the Services to its intended service purpose and further grants your authorized sub-users access rights to the Services. No unauthorized use, or use contrary to this Agreement, is permitted. As a consumer User, you shall only have the right to use the Services and its content for personal, non-commercial purposes.
Please note that as a User of the Services, you are responsible for your use (and that of your authorized sub-users’) of the Services and for the security of your Devices. You agree that you are personally responsible for the use of your account, and for all communication and activity in connection with the Services resulting from the use of your account. You are also responsible for ensuring the security of your account username and password. You may not reveal, share or otherwise allow others to use your password, or use passwords of others.
You are solely responsible for all content and information you (or your authorized sub-user) submit to the Services.
You shall be liable for all your own Devices, internet connectivity and software and any costs thereof.
TinyApp will not give you a specific notice when the trial period ends, and you are therefore personally responsible to keep track of the end of your trial period and when a fee will be charged for your subscription.
Consumer’s right of withdrawal
By subscribing to the Service, you as a consumer customer understand and accept that the Service shall be delivered and available to you from the moment of subscription and that the consumer’s right of withdrawal in distance selling will not be applicable to your subscription. The absence of the right of withdrawal does not affect your right to cancel the subscription during the free trial period if you have not previously had a subscription or taken advantage of a trial period or similar offer.
Storing and processing of user data
Please note, however, that if you are a business customer, you shall be considered as data controller for any personal data included in the information or content you (or your authorized sub-user) submits to the Application. This means you are responsible for ensuring you’re authorized to submit such personal data to the Application and that we are legally allowed to process such personal data on your behalf as data processor subject to your written instructions.
In case TinyApp processes personal data on behalf of User acting as data controller, the following terms shall apply:
2. The business customer's instructions must be commercially reasonable, compliant with applicable data protection laws and consistent with these Terms. In case TinyApp detects that any instruction given by a business customer is non-compliant with European Union or member state law to which TinyApp is subject, TinyApp shall not be obliged to comply with such instruction and shall inform the business customer of that legal requirement.
3. TinyApp shall ensure that TinyApp’s employees or other persons authorized to process personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
4. To respond to requests from individuals exercising their right as foreseen in applicable data protection law, such as the right of access and the right to rectification or erasure, TinyApp shall provide the business customer with commercially reasonable assistance, without undue delay, taking into account the nature of the processing. In case the aforementioned assistance obligations require measures or work to be performed by TinyApp, TinyApp has the right to charge a reasonable fee for handling such assistance requests.
5. Taking into account the nature of processing and the information available to TinyApp, TinyApp reasonably assists the business customer in ensuring compliance with the obligations set out in Articles 32 to 36 of the EU General Data Protection Regulation (2016/679) (¨Regulation¨), including the business customer’s obligations to perform security and data protection impact assessments, breach notifications and prior consultations of the competent supervisory authority. In case the aforementioned assistance obligations require measures or work to be performed by TinyApp, TinyApp has the right to charge a reasonable fee for providing such assistance.
6. TinyApp makes available to the business customer, at business customer’s request, information necessary to demonstrate compliance with the Regulation. In case the aforementioned requests require measures or work to be performed by TinyApp, TinyApp has the right to charge a reasonable fee for handling such requests.
7. The business customer acknowledges that due to the nature of TinyApp application, TinyApp cannot control and has no obligation to verify personal data the business customer submits to TinyApp for processing on behalf of the business customer. The business customer acknowledges that it shall be responsible for having a legal ground to process personal data submitted to TinyApp for processing on behalf of the business customer. Further, the business customer is responsible for its lawful collection, processing and use of personal data submitted to TinyApp for processing on behalf of the business customer, and for the accuracy thereof, as well as for preserving the rights of the individuals concerned. The business customer shall ensure that the relevant data subjects have been informed of, and have given their consent to the processing as required by applicable data protection legislation. The business customer shall ensure that sub-users and other relevant data subjects have been prohibited to include personal data in the user data.
8. The business customer gives a general authorization to TinyApp to use sub processors for the processing of personal data for the provision and use of Service.
9. TinyApp shall carefully select its subprocessors with the diligence of a professional service provider. TinyApp ensures that the involved subprocessors are properly qualified, are under a written data processing agreement with TinyApp, and comply with data processing obligations equivalent to the ones which apply to TinyApp under these Terms.
10. TinyApp may change its subprocessors by informing the business customer thereof in advance. In case the business customer objects such change of subprocessor on reasonable grounds, the business customer has the right to request change of the subprocessor. If TinyApp is not willing to change the subprocessor the business customer has objected to, either Party shall have the right to terminate these Terms with immediate effect.
11. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of TinyApp’s processing, TinyApp shall implement and maintain appropriate technical and organizational security measures in order to safeguard personal data against unauthorized or unlawful processing and damage, and in particular against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data. Such measures include where necessary and appropriate, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the following measures:
A. access right controls to systems containing personal data;
B. the pseudonymization and encryption of personal data;
C. the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and Service;
D. the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident; and
E. a process for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing.
12. TinyApp processes personal data mainly within the EEA, but the business customer accepts that TinyApp may have personal data processed and accessible by TinyApp or its subprocessors outside the business customer’s country of domicile or the EEA to provide TinyApp. In case the processing is subject to any EU data protection law and personal data is transferred from the EEA for processing in any country outside the EEA that is not recognized by the European Commission as providing an adequate level of protection for personal data, the business customer authorizes TinyApp to enter, on behalf of the business customer, into the standard contractual clauses adopted or approved by the European Commission applicable to processing outside the EEA, or TinyApp shall provide for other safeguard for the protection of personal data transferred outside the EEA as set out in the Regulation.
13. The business customer or an auditor appointed by the business customer shall have the right to audit and inspect, not more than once in every calendar year, personal data processing activities of TinyApp under these Terms to examine the compliance of TinyApp with the Regulation. The business customer shall bear all costs for any such audit. Where an audit may lead to the disclosure of business or trade secrets of TinyApp or threaten intellectual property rights of TinyApp, the business customer shall employ an independent auditor, that is not a competitor of TinyApp, to carry out the audit, and the auditor shall agree to be bound to confidentiality to TinyApp’s benefit.
14. TinyApp shall, without undue delay after having become aware of it, inform the business customer in writing about any data breaches relating to personal data contained in the information and content submitted to the Service (¨Breach¨). TinyApp’s notification about the Breach to the business customer shall include at least the following: i) description of the nature of the Breach; ii) name and contact details of TinyApp’s contact point where more information can be obtained; iii) description of the likely consequences of the Breach iv) description of the measures taken by TinyApp to address the Breach, including, where appropriate, measures to mitigate its possible adverse effects.
15. TinyApp processes personal data on behalf of the business customer during a reasonable retention period after the business customer has uploaded the user data to the Services. All personal data processed by business customers under these Terms shall be anonymized or deleted thereafter, unless otherwise required by applicable law.
TinyApp reserves the right to use anonymized aggregated data derived from the User’s (or their sub-users) use of the Services for improving its Services to the extent such data does not include personally identifiable information.
Restrictions of use
The age limit for using the Application is 18.
You may not use the Services for any other purpose than the pedagogical planning, documentation and communication in early education / primary education / after school clubs.
You especially acknowledge that you are not permitted nor entitled to permit your sub-users or any other parties to do any of the following:
copy, redistribute, reproduce, record, transfer, perform or display to the public, broadcast, or make available to the public any part of the Services or the Content thereof, or otherwise make any use of the Services or the Content which is not expressly permitted under the Agreement or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Application or the Content thereof or any part of it or any other intellectual property rights of third parties;
use the Services and the Content thereof available through the Services in any manner that could damage, disable, overburden or impair the Services or the content thereof available through the Services;
use any data mining, robots, scraping, or similar data gathering or extraction methods;
sign up for an account on behalf of someone else;
use, sell, rent, transfer, license or otherwise provide anybody with the Services and/or the Content thereof available through the Services, except as provided herein;
interfere with other Users’ use and enjoyment of the Services;
circumvent or try to circumvent any usage control or anti-copy functionalities of the Services;
reverse engineer or decompile the Services or access the source code thereof, except as permitted by law;
use the Services for transmitting any unauthorized advertising, promotional materials, junk mail, spam, chain letters, contests, pyramid schemes, or any other form of solicitation or mass messaging;
use the Services in violation of applicable law;
use the Services in ways that violate business secrets or privacy of third parties; or
use the Services to transmit any material that contains adware, malware, spyware, software viruses, worms or any other computer code designed to interrupt, destroy, or limit the functionality of computer software or equipment.
We shall take appropriate online and physical measures to prevent unauthorized access to, improper use of and the reasonable accuracy of your personal data submitted to us via the Services. Any data that is stored on our servers is not generally available to the public. However, the use of internet services always includes security risks.
We may limit, suspend, terminate, modify, or delete accounts or access to the Services or parts thereof if you fail to comply, or if we suspect such failure, with the Terms or for any actual or suspected illegal or improper use of the Services, without notice to you. You may lose, as a result of termination or limitation of your right to use the Services, any additional content or other material associated with your use of the Services, and we are under no obligation whatsoever to compensate you for any such losses or results thereof. TinyApp Web Application works best with Chrome and Safari browsers.
We may change the pricing plan at our discretion. In case we make changes to the pricing, we will inform you before any such changes occur so you can modify or cancel your subscription before the changes become effective. We accept no responsibility for any losses you may incur if you decide not to continue your subscription after changes to the pricing.
The Services may contain links to websites operated by third parties or feature content which is made available in third-party services and which enable you to access and use certain third-party services. We assume no responsibility for such third-party services and/or content in third-party services.
Intellectual Property; materials
All intellectual property rights to and in the Services and all content and available through the Services, including designs, text, graphics, pictures, video, information, applications, software, music, sound, designs, models and other files, and their selection and arrangement (the "Content"), as well as intellectual property rights pertaining thereto, are exclusive property of TinyApp or its licensors with all rights reserved. Tinyapp grants User a limited, non-exclusive, revocable license to use the Services and Content during the validity of this Agreement. Except as expressly provided in these Terms, TinyApp does not grant any express or implied rights to use any of our intellectual property rights to and in the Services and/or the Content.
You have no right to make available or resell to third parties the Services or the Content or redistribute or transfer the Services or the Content.
The Services and the Content are licensed, not sold, to User, and TinyApp and its licensors retain ownership of all copies of the Services and the Content even after installation on Users’ Devices.
Users shall not upload, post or otherwise make available (or submit to Application for uploading, posting or to be made available) on the Services any material protected by copyright, trademark or other intellectual property or proprietary rights without the express permission of the right holder and/or owner of such intellectual property or proprietary right. Users shall be solely liable for any damage resulting from any infringement of intellectual property rights or proprietary rights or any other harm resulting from such a submission.
TinyApp does not monitor or review the content posted to the Services by Users. Users shall be liable to ensure that they are entitled to submit the information to the Services. Users shall not submit to the Services any material that is unlawful or otherwise inappropriate.
TinyApp shall have the right, but not the obligation, to monitor the content in the Services at all times, including any forums that may be included as part of the Application, to determine compliance with these Terms and any operating rules established by TinyApp, as well as to satisfy any applicable law, regulation or authorized government request.
TinyApp and the User may exchange confidential information during the performance of this Agreement. Confidential information shall mean any information which is marked as confidential or which should be understood as confidential, irrespective of its form of storage or disclosure. All confidential information shall remain the property of the disclosing party and the receiving party shall keep confidential and refrain from using such confidential information otherwise than for the purposes of this Agreement, during the term of this Agreement and 5 years thereafter.
For the avoidance of doubt, any information of or relating to a party or that party’s personnel, suppliers, contractors, customers or end-users, which information is obtained or detected by the other party or processed or generated in the course of providing or receiving the Application shall be deemed confidential information of that party.
Each party shall restrict access to confidential information received from the other party to only to those of its personnel and subcontractors to whom such access is reasonably necessary for the proper performance of the obligations set out in this Agreement. Such personnel and subcontractors shall be bound by confidentiality obligations similar to those contained herein.
Each party shall promptly upon termination of the Agreement cease using confidential material and information received from the other party and use reasonable means to destroy such material. Each party shall, however, be entitled to retain the copies required by law or regulations.
The confidentiality obligations of the receiving party under this Agreement shall not apply to information which:
was in the receiving party's possession before its disclosure by the disclosing party as proven by written records of the receiving party; or
is independently developed by the receiving party without recourse to the confidential information as proven by written records of the receiving party; or
is part of the public domain in other ways than by faults, acts of omissions of the receiving party, as proven by written records of the receiving party.
User shall indemnify, defend, and hold TinyApp harmless from and against all liabilities, damages and costs (including settlement costs and reasonable attorneys’ fees) arising out of any breaches of this Agreement by User, User’s personnel and/or authorized sub-users.
Limitation of liability
TinyApp and User shall not be liable to each other, whatever the cause thereof, for any loss of profit, business or goodwill or loss caused as a result of interruptions in business or any other indirect damages arising under this Agreement.
TinyApp’s total liability under this Agreement shall not exceed the total annual compensation paid by User to TinyApp during the twelve (12) months’ immediately preceding the event for which damages are claimed if the User’s subscription is based on a twelve (12) months’ subscription and the total compensation paid by User to Tinyapp during the three (3) months immediately preceding the event for which damages are claimed if the User’s subscription is based on a monthly subscription. The total aggregate liability of TinyApp towards the User hereunder shall be in any case limited to EUR 5,000 towards an individual User and any sub-users under its control.
TinyApp nor User do not restrict their liability for any matter in respect of which, by mandatory law, it is not permitted to restrict its liability.
The liability cap set out in this section shall not apply in cases of intentional misconduct or gross negligence and breaches of section “Intellectual Property; Materials”, breaches of the User’s indemnification obligations set out in this Agreement or breaches of the confidentiality obligations.
This section does not limit our statutory liability for defects in the Service in relation to our consumer customers or any liability that, by law, cannot be limited or restricted, or your statutory remedies for defects or delays under any applicable mandatory consumer protection laws.
Notwithstanding anything to the contrary herein, TinyApp shall have the right, exercisable at its absolute and sole discretion, immediately to terminate this Agreement and your TinyApp account and block your access to the Services at any time if you use the Services against these Terms or otherwise in a way which may harm Tinyapp or other users of the Services. In such case, User agrees that TinyApp shall have no liability or responsibility towards User and TinyApp will not refund any amounts that User has already paid, to the fullest extent permitted under applicable law.
All provisions of the Agreement that are intended to survive the termination or expiry of the Agreement shall do so.
This Agreement supersedes all prior agreements, arrangements, and understandings between TinyApp and the User relating to the subject matter hereof, and constitutes the entire agreement between TinyApp and the User relating to the subject matter hereof.
If any provision of this Agreement is declared by any judicial or other competent authority to be void, illegal or otherwise unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.
TinyApp shall be entitled to assign all or any of its rights or obligations hereunder in whole or part to an affiliate or successor or to a purchaser or acquirer of its business assets without User’s prior consent.
Users shall not be entitled to assign any of their rights or obligations hereunder in whole or part without prior written acceptance given by TinyApp.
Governing Law and Jurisdiction
These Terms will be governed by the laws of Finland, excluding its conflicts-of-law provisions.
Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof between TinyApp and a business customer shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The number of arbitrators shall be one. The seat of arbitration shall be Helsinki, Finland. Consumers are entitled to bring action in the first instance court of their domicile. In case of disputes, consumers may also resort to the Consumer Complaints Board (kuluttajariita.fi) or the Online Dispute Resolution service provided by the European Service fee (ec.europa.eu/odr).
If you have any questions related to these Terms, please contact us by email at email@example.com.