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Terms of Use

Last Updated: 30th May 2022

Hi there, thanks for stopping by!

Here at TinyWhale Platforms Inc (if you’re a resident of the U.S.) or TinyWhale Platforms Pte Ltd (if you’re a resident anywhere else in the world) (you can call us “TinyWhale”), we are dedicated to making your lives easier. This attention to detail extends to our terms and conditions for use of our websites (https://www.tinywhale.com & https://tinycard.to/) and platform too together with our mobile applications and related services this comprises our “Services”). Which means we’ll try our best to keep these Terms of Use (and any other relevant terms, policies, notices etc) (together they like to be called the “Terms”) simple, digestible, and effective. We’ll need to tweak or update our Terms of Use from time to time, and we reserve the right to do so at our sole discretion. We will post the latest changes to this page, and let you know at the top of this page the date these Terms of Use were last updated. We strongly recommend you get into the habit of checking our Terms of Use each time before you use our Services, just to make sure you’re up to speed on our latest changes and updates!

Also, while we try our best to keep this to a minimum, please remember that when you’re using certain services you may be subject to additional terms that apply to those services as well. Rest assured, we’ll post all additional terms here where you’ll also find our Privacy Policy and Cookie Notice. Any additional terms are incorporated by reference into these Terms of Use as well, which means they’ll automatically apply. Easy, right?

When you choose to use our Services, do note that you agree to be bound by our Terms and any other applicable laws, rules and regulations. You may be asked to sign in blood or click “I accept” (YASSSS!) at the appropriate time and place, before you can use our Services. If you don’t click or agree to our Terms, you won’t be able to use our Services.  That’s why it’s VERY IMPORTANT to read our Terms carefully!

  1. Accessing and Using our Services
    1. What you’re getting with our Services
      We’re here to make your entrepreneurial journey more fulfilling! Our Services are designed to help you run your awesome businesses, find and book new customers, manage customer relationships, promote your goods and services, send invoices, accept payments, bump up your online presence and MORE…
    2. Your Registration Requirements
      You’ll need to register with TinyWhale before you can use our Services. Remember that we’re all good people providing a good service here, and so we’ll need you to give us (and maintain) true, accurate, current and complete information about yourself when you fill in our registration form. You can find details on how we process your registration data and certain other information about you in our Privacy Policy.If you’re below 13, unfortunately we can’t provide you with the Services. If you’re under 18, the good news is you can use our Services, but we’ll need your parent or guardian’s okay as well.
    3. Your Account, Password and Security
      A strong password is everything, and we encourage you to come up with one for your account. Please remember that you, and you alone, are responsible for ensuring your password and account remain confidential, and that you are fully responsible for anything that happens to your password and in your account. If you have reason to believe your account or password have been tampered with, please let us know immediately. You’re also responsible for logging out of your account each time you’re done with your session. As much as we love you, we won’t be liable for any loss or damage that arises from your failure to comply with this Section.
    4. Changes to the Services
      While we aim to please 24/7, there are times when we need to make some changes which may or may not disrupt your business. We reserve the right to modify or discontinue, temporarily or permanently, our Services (or any part of it). While we aim to give you notice beforehand we can’t always guarantee it. As our understanding user, you agree that TinyWhale will not be liable to you or to any third party for any modification, suspension or discontinuing of the Services.
    5. Using the Services and Storage
      We can (and we will!) set down some general practices and limits on the use of the Services, which agree to follow. These may include the maximum period of time that data or other content can be retained by us, or the maximum storage space that we can give you on our servers. We can’t be responsible or liable for any deletion or failure to store data or any other content maintained or uploaded on the Services, and you agree to be okay with this. You also agree that we have the right to delete accounts that have gone inactive for an extended period of time. Lastly, gentle reminder that we can and do reserve the right to change our practices and limits when we want or need to, and again while we would love to give you notice beforehand we cannot always guarantee this.
    6. Mobile Services
      Our Services include certain mobile services which are available via a mobile device, such as the following cool options:

      1. the ability to upload content to the Services using your mobile device;
      2. letting you browse the Services and our website from your mobile device; 
      3. accessing certain features through an application downloaded and installed on your mobile device, and 
      4. allowing you to receive notifications, messages and updates on your mobile device (including through calls and text messages) (these like to be known as our “Mobile Services”).

      While our Services are currently provided for free, do note that your wireless service carrier’s standard charges, data rates and any other fees may also apply. Also, your carrier may prohibit or restrict downloading, installing or using certain Mobile Services, and not all our Mobile Services may work with all carriers or devices.

      When you use our Services, you are also consenting to us at TinyWhale or one of our selected partners reaching out to you about our (or their) services and products via phone, automated calling, pre-recorded calling, text message, email, pigeon or any means. This applies even if you’ve opted in to the National Do Not Call List, or any equivalent in state, country or company. If you hate this and no longer want to receive communications of this sort, you can opt out by notifying us directly at opt-out@tinywhale.com. Rest assured that you’ll still be able to get our Services even if you opt out of receiving communications of this kind.

  2. Conditions of Use of our Service
    1. TinyWhale Platform
      We offer our platform that helps to connect your business(es) with your clients and service providers.

      1. What we do do
        1. We serve as your limited authorized agent for the purposes of accepting payment from clients on behalf of you and/or your service providers.
        2. We are responsible for sending these payments to you and/or your service providers, and you (and your service providers) agree to appoint us as your limited agent only for the purpose of collecting payments from clients on your behalf.
      2. What we don’t do
        1. Anything you agree to with your clients and service providers is your sole property and confidential to you, and we have absolutely nothing to with that. 
        2. Please take extra care when dealing with your clients and service providers, because you are solely responsible for that and we cannot make any representations and warranties on behalf of you, clients and/or any service providers for any reason whatsoever. 
        3. We also have zero liability for any interactions between you and your clients and/or service providers. 
        4. Similarly, we are not responsible for contracts or proposals between you, your clients and/or service providers (or any sort of cross-between) that you upload to the Services, except for making them available to you for review and signing (which you have authorised us to do). 
        5. We have zero control over and do not guarantee the existence, quality, safety, or legality of any goods or services advertised on TinyWhale; whether clients can pay, or if any service providers or client will actually complete a transaction. 
        6. We also don’t warrant or guarantee that any goods or services offered through the Services will meet a client’s requirements.
        7. In other words, do your own Q$@%#$^#%^ due diligence!
    2. We also Don’t Give Legal, Tax or Other Professional Advice
      You agree that TinyWhale does not provide legal, tax or other professional advice as part of us providing the Services. For your benefit, we greatly encourage you to independently seek professional advice from the respective professionals or anyone that’s properly licensed/qualified in these fields before you take an action based on any information you get through the Services.You acknowledge that you, and you alone (not TinyWhale or anyone else) are solely responsible for (and shall hold TinyWhale harmless with respect to):

      1. Proper compliance with any and all applicable laws, rules and regulations;
      2. Figuring out any and all amounts you might owe to the government or other parties, and making full payment of these amounts (including applicable taxes, penalties, interest etc); and
      3. Any type of use you make of the Services to help you with the above.
    3. What You Shouldn’t be doing on TinyWhale
      You acknowledge that you, and you alone, are entirely responsible for everything that you upload, post, publish or display (let’s just call all these “upload”) on the Services, including any code, software, information, data, text, video, images, graphics, photos, sound, music, messages etc etc etc (you get the picture and we’ll just round this all up as “content”). This also covers anything you email through the Services or otherwise use the Services for.To keep you on the straight and narrow, we’re going to list down what we consider content and/or use that’s illegal or prohibited by TinyWhale. We also fully reserve the right to investigate and take appropriate actions (including legal) against anyone who, in our sole discretion, violates this section. This might include us removing the offending content from the Services, suspending or terminating the accounts of violators and reporting you to law enforcement authorities (we really hate to do the last bit, but we will!).You agree not to use the Services to:

      1. Email or otherwise upload any content that:
        1. Infringes any intellectual property or other proprietary rights of any party;
        2. Poses or creates a privacy or security risk to anyone;
        3. You don’t have the right to email or upload under any law, contractual or any other relationship whatsoever;
        4. Contains software viruses or any other kind of code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecoms equipment;
        5. Can be seen as unsolicited or unauthorized advertising, promotional materials, commercial activities or sales, junk mail, spam, chain letters, pyramid schemes, contests, sweepstakes or any other kinds of solicitation (when in doubt, do check with your friendly legal adviser);
        6. Is unlawful, harmful, threatening, abusive, harassing, overly violent, defamatory, libellous, vulgar, obscene, pornographic, hateful or otherwise objectionable; or
        7. Is what we consider objectionable or which restricts or inhibits anyone else from using or enjoying the Services, or may expose us or our users to any type of harm of liability;
      2. Messes with or disrupts our Services, servers or networks connected to the Services, or does not comply with any requirements, procedures, policies or regulations of networks connected to the Services;
      3. Breaks any applicable laws or regulations (whether local, state, national or international);
      4. Impersonates anyone, falsely states or otherwise misrepresent who you are or who you’re affiliated with;
      5. Solicits personal information from anyone aged 18 and below;
      6. Collects emails or other kinds of contact information of other users of the Services in order to send them unsolicited emails or other unsolicited communications;
      7. Advertise or offer to sell or buy any goods or services for any type of business purpose not specifically authorised;
      8. Promote any criminal activity or enterprise, or provide instructions or other information on illegal activities;
      9. Access or obtain, or try to, any materials or information through means that are not intentionally made available or provided to you through the Services.
    4. Payment
      Where you’re a client paying your service providers for goods and services through the Services, you’ll need to provide TinyWhale with your credit card information or other payment instrument. You represent and warrant to us that the information you provide here is true, and that you’re fully authorised to use your selected payment instrument. You’ll also need to promptly update your account information with any changes (like changes in billing address or an expired credit card).

      Any disputed charges by a service provider would need to be communicated with the service provider directly. As a service provider, if you agree to refund fees to a client, you will be responsible and will pay TinyWhale any transaction costs associated with any refund.

      Note that we reserve the right to change prices, and will give you notice of the change either through our website or in email to you. Where you continue to use the Services after any price or fee changes become effective, this means you agree to pay the amounts as charged. You’ll also be wholly responsible for any taxes incurred as a result of your using the Services.

      Where you’re a service provider charging your customer for goods and services, you can pass on any additional processing fees on to your customers by including the fee into the final charge amount (unless you’re based in jurisdictions where such practices are banned, like in the European Union). It is your responsibility and therefore important that you ensure that this action complies with any applicable laws relevant to your business. Do check with your legal counsel at any time if you’re unsure of what laws apply! TinyWhale expressly disclaims all liability arising from any act and/or omission by a service provider that results in a failure to comply with applicable laws.

    5. No Commercial Exploitation of the Service
      We’re legitimately trying to build a business here. This means that the Services are our bread and butter. Unless we expressly say it’s okay under these Terms of Use or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services or access to the Services here.
  3. Intellectual Property Rights
    1. Services Content and Software
      You agree that the Services may contain content or features that are protected by intellectual property or other proprietary rights and laws. Unless we expressly say it’s okay for you to do so, you agree that you cannot modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or any of the Service’s content or features, whether in whole or in part. However, this doesn’t apply to your own User Content that you legally upload to the Services. In connection with your use of the Services, you will not engage in or use any kind of data mining, robots, scraping or similar data gathering or extraction methods. If for whatever reason you’re blocked by us from accessing the Service (including blocking your IP address), you will not try to circumvent the blocking (for e.g. by masking your IP address or using a proxy). Any use of the Services, its content or features other than what we specifically authorise under these Terms of Use is strictly prohibited. The technology and software underlying our Services or distribution in connection with the Services (“Software”) are TinyWhale’s property, or the property of our affiliates and partners. You agree that you will not copy, modify, create derivatives, reverse engineer, reverse assemble or otherwise attempt to unearth any source code or sell, assign, sublicense or otherwise transfer any right in the Software. Remember, if any rights are not expressly granted to you under these Terms of Use, they are reserved by us.
    2. Trademarks
      The TinyWhale, TinyCardTM name and logos are our trademarks and service marks (they like to be known as “Trademarks”). Other TinyWhale, product, and service names and logos used and displayed through the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to us. There is nothing in this Terms of Use or the Service that should be interpreted as granting any license or right to use any of the Trademarks without first getting our consent in writing each time and for each use. All goodwill generated from the use of the Trademarks will inure to our exclusive benefit.
    3. Third Party Material
      We will not be liable in any way for any content or materials of users or any other third parties, including any errors or omissions in content or any loss or damage incurred as a result of anyone using that content. You agree that we don’t pre-screen content, but we or anyone we authorise will have the right (but not the obligation) to refuse or remove any content made available on the Services. That said, we continue to reserve the right to remove any content that violates these Terms of Use or that we consider objectionable. You also agree that you are responsible for evaluating and bearing all risks associated with the use of any content found on the Services.
    4. Transmitted User Content
      For any content or other materials you upload or share with any recipients through the Services (“User Content”), you represent and warrant that you own all right, title and interest in and to such content including owning all intellectual property rights and rights of publicity etc. By uploading any User Content, you grant TinyWhale and our affiliates a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual and irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use the User Content in connection with us operating the Services or making improvements to the Services. This excludes any service provider contracts signed which we won’t disclose unless you authorise us to. However, you agree that we can collect, analyse and use certain service provider contract information as long as it is aggregated and anonymized in order to provide the Services. You also agree that any questions, comments, suggestions, ideas, feedback or any other information about the Service that you provide to us are non-confidential and we are allowed to use these in any way for any purpose without acknowledgement or compensation to you. You also agree that we can preserve any content and disclose if we are required to do so by law, or in the good faith belief that preserving or disclosing is reasonably necessary to:

      1. Comply with legal process, applicable laws or government requests;
      2. Enforce these Terms of Use;
      3. Respond to claims that any content violates third party rights;
      4. Protect the rights, property or personal safety of TinyWhale, our users and the public.

      Lastly, technical processing and transmission of the Services, including your content, may involve transmission over various networks and changes to conform and adapt to any technical requirements of connecting networks or devices.

    5. Publicity
      We’re proud and honoured to have you with us and we want to broadcast it from the rooftops. In this regard, you agree and allow us to use your name and logo on our website and marketing materials.
    6. Copyright Complaints
      We respect the intellectual property of others and we ask that you do the same. If you have reason to believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been violated in some other way on our platform, please let us know as soon as possible.
  4. Third Party Websites
    Our Services or other third parties may provide links or other access to other sites and resources on the internet. We don’t have any control over these sites and resources, and we are not responsible for, nor do we endorse, these sites and resources. You also agree that we will not be responsible in any way for any damage or loss caused or allegedly caused by or in connection with use of or reliance on anything available on or through any such sites or resources. We urge you to be cautious in dealing with third parties while using the Services, as any such dealings are entirely your responsibility and only between you and the third party, and you agree that we are not liable for any loss or claim that might arise from your dealings with any third party.
  5. Social Networking Sites
    You might be able to enable or log in to the Services via various online third party services such as social media and social networking services (popular ones include Google, Facebook and Twitter, and are collectively known as “Social Networking Services”). The great benefit of using these Social Networking Services is that it allows us to make your online experience richer and more personalized. If you want to take advantage of this, we may need you to authenticate, register for or log into Social Networking Services on their respective platforms. As part of this integration, we have asked the Social Networking Services to provide us with access to certain information you’ve shared with them, and we will use, store and disclose such information in accordance with our Privacy Policy – where you can also check out the implications of activating these Social Networking Services and our processing of such information related to you and your use of those services within TinyWhale. However, do note that TinyWhale is not responsible and will not be liable for the privacy practices of any third party site or service that may be enabled within the Services, and we strongly recommend that you read up on their respective policies as well to educate and protect yourself. We’re also not responsible for the accuracy, availability or reliability of anything made available in connection with Social Networking Services, including information, content, goods, data etc. Therefore we are not liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance or on any Social Networking Service. We enable these features to give you a more convenient journey, and any integration or inclusion of such features do not imply an endorsement or recommendation by TinyWhale.

Every contract worth its salt will have the following 3 clauses, and while we can’t get rid of them, we promise to lay them out in as quick and painless a way as we can. Here we go

  1. Indemnity and Release
    You agree to release, indemnify and hold TinyWhale and its affiliates, and their officers, employees, directors and agents (they like to be known as Indemnitee(s)”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any User Content, your connection to the Services, your violation of these Terms of Use or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
  2. Disclaimer of Warranties
    Your use of the Services is at your sole risk, and the Services are provided on an “as is” and “as available” basis. TinyWhale expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.TinyWhale makes no warranty that:

    1. the Services will meet your requirements;
    2. the Services will be uninterrupted, timely, secure or error-free;
    3. the results that may be obtained from use of the Services will be accurate or reliable; or
    4. the quality of any products, services, information or other material purchased or obtained by you through the Services will meet your expectations.
  3. Limitation of Liability
    You expressly understand and agree that TinyWhale will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits, including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if we’ve been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from:

    1. The use or inability to use the Services;
    2. 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 Services;
    3. Unauthorised access to or alteration of your transmissions or data;
    4. Any acts, omissions, statements or other conduct of any clients or service providers or other third parties on the Services;
    5. Any other matter relating to the Services.

    In no event will TinyWhale’s total liability to you for all damages, losses, or causes of action exceed the amount you’ve paid us in the last 6 months, or, if greater, US$100.

    Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you or be enforceable with respect to you. If you’re unhappy with any portion of the Services or with these Terms of Use, your sole and exclusive remedy is to discontinue use of the Services.

    The foregoing sections titled “Disclaimer of Warranties” and “Limitation of Liability” are intended to be only as broad as is permitted under applicable laws (for e.g. under the laws of the state of New Jersey, U.S.). If any portion of these sections is held to be invalid under applicable laws, the invalidity of such portion shall not affect the validity of the remaining portions of the applicable sections.

The below 3 sections are super important as it affects your rights, so please read them carefully!

  1. Resolving Disputes
    1. If you have a concern, we want to first try to address it without needing a formal legal case. Before filing a claim against TinyWhale, you agree to try to resolve the dispute informally by contacting legal@tinywhale.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or TinyWhale may bring a formal proceeding.
    2. You and TinyWhale agree that any judicial proceeding to resolve claims relating to these Terms of Use or the Services will be brought in the federal or state courts of California (if you’re a resident of the U.S.), , subject to the mandatory arbitration provisions below, or (ii) the courts of Singapore (if you’re a resident anywhere else in the world). Both you and TinyWhale consent to venue and personal jurisdiction in such courts. If you reside in a country with laws that give consumers the right to bring disputes in their local courts (for e.g. in a member state of the European Union), this paragraph doesn’t affect those requirements.
  2. Arbitration Agreement
    Mandatory Arbitration Provisions (which apply if you’re a U.S. Resident)

    1. We Both Agree to Arbitrate
      You and TinyWhale agree to resolve any claims relating to these Terms of Use or the Services through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below.
    2. Opt-out of Agreement to Arbitrate
      You can decline this agreement to arbitrate within 30 days of first registering your account by contacting us at legal@tinywhale.com.
    3. Arbitration Procedures
      The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, a venue of our choosing or any other location we agree to.  The AAA rules will govern payment of all arbitration fees. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address.
    4. Exceptions to Agreement to Arbitrate
      Either you or TinyWhale may assert claims, if they qualify, in small claims court in a venue of our choosing or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Product, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in a venue of our choosing to resolve your claim.
    5. No Class Actions
      You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void.
  3. Governing Law
    These Terms of Use will be governed by laws of (i) the state of California (if you’re a resident of the US), or (ii) Singapore, if you’re a resident anywhere else in the world), except for its conflict of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer’s country. This section doesn’t override those laws.
  4. Termination
    You agree that we have the authority to suspend or terminate your account (or any part of it)  or use of the Services, and remove or discard any content within the Services, for any reason (this can include lack of use or if we believe you have violated or acted inconsistently with these Terms of Use). If we suspect any fraudulent, abusive or illegal activity coming from you that may be grounds for suspension or termination of your use of the Services, this may be referred to the appropriate law enforcement authorities. We may also in our sole discretion and at any time discontinue providing the Services, or any part of it, with or without notice to you. You agree that any termination of your access to the Services may be effected without any notice beforehand to you, and you agree that TinyWhale may immediately deactivate or delete your account and all related information and content, and/or bar any further access to such information, content or the Services. You also agree that we won’t be liable to you or any third party for the termination or suspension of your access to the Services.
  5. User Disputes
    While we would love for everyone to co-exist harmoniously, we acknowledge that disputes do occur from time to time. You agree that you are entirely responsible for any interactions with other users in connection with the Services, and we will have no liability or responsibility for any of that. We reserve the right, but not the obligation, to become involved in any way with disputes between you and any other use of the Services at our discretion.
  6. General Terms
    These Terms of Use constitute the entire agreement between you and us, and govern your use of the Services, superseding any previous agreements between you and us with respect to the Services. When you use affiliate or third party services, third party content or third party software, additional terms and conditions may apply. With respect to any disputes or claims not subject to arbitration as set forth above, you and TinyWhale agree to submit to the exclusive jurisdiction of: (i) the courts of the state of California (if you’re a resident of the US), or (ii) the courts of Singapore (if you’re a resident anywhere else in the world). Where we fail to exercise or enforce any right or provision of these Terms of Use, this will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you and TinyWhale nevertheless agree that the court should endeavor to give effect to parties’ intentions as reflected in the provision, and the other provisions of these Terms ofUse remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Use must be filed within 1 year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without our prior written consent, but we may assign or transfer this Terms of Use, in whole or in part, without restriction. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via email. The Services may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Services.
  7. Your Privacy Matters
    We treat our users’ privacy with the utmost respect and importance. For full details, please see our Privacy Policy. When you use the Services, you consent to our collection and use of personal data as specified under the Privacy Policy.
  8. Notice for California Users
    Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at legal@tinywhale.com.
  9. Contact Us!
    If you have a burning desire to communicate with us, either to report any violations of these Terms of Use, to ask any questions regarding the Terms of Use or the Services, or you generally just need to reach out, please contact us at legal@tinywhale.com.