Last Updated: 30th May 2022
Hi there, thanks for stopping by!
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!
- Accessing and Using our Services
- 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…
- Your Registration Requirements
- 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.
- 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.
- 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.
- Mobile Services
Our Services include certain mobile services which are available via a mobile device, such as the following cool options:
- the ability to upload content to the Services using your mobile device;
- letting you browse the Services and our website from your mobile device;
- accessing certain features through an application downloaded and installed on your mobile device, and
- 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 firstname.lastname@example.org. Rest assured that you’ll still be able to get our Services even if you opt out of receiving communications of this kind.
- What you’re getting with our Services
- Conditions of Use of our Service
- TinyWhale Platform
We offer our platform that helps to connect your business(es) with your clients and service providers.
- What we do do
- We serve as your limited authorized agent for the purposes of accepting payment from clients on behalf of you and/or your service providers.
- 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.
- What we don’t do
- 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.
- 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.
- We also have zero liability for any interactions between you and your clients and/or service providers.
- 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).
- 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.
- We also don’t warrant or guarantee that any goods or services offered through the Services will meet a client’s requirements.
- In other words, do your own Q$@%#$^#%^ due diligence!
- What we do do
- 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):
- Proper compliance with any and all applicable laws, rules and regulations;
- 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
- Any type of use you make of the Services to help you with the above.
- 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:
- Email or otherwise upload any content that:
- Infringes any intellectual property or other proprietary rights of any party;
- Poses or creates a privacy or security risk to anyone;
- You don’t have the right to email or upload under any law, contractual or any other relationship whatsoever;
- 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;
- 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);
- Is unlawful, harmful, threatening, abusive, harassing, overly violent, defamatory, libellous, vulgar, obscene, pornographic, hateful or otherwise objectionable; or
- 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;
- 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;
- Breaks any applicable laws or regulations (whether local, state, national or international);
- Impersonates anyone, falsely states or otherwise misrepresent who you are or who you’re affiliated with;
- Solicits personal information from anyone aged 18 and below;
- 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;
- Advertise or offer to sell or buy any goods or services for any type of business purpose not specifically authorised;
- Promote any criminal activity or enterprise, or provide instructions or other information on illegal activities;
- 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.
- Email or otherwise upload any content that:
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.
- No Commercial Exploitation of the Service
- TinyWhale Platform
- Intellectual Property Rights
- Services Content and Software
- Third Party Material
- 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:
- Comply with legal process, applicable laws or government requests;
- Respond to claims that any content violates third party rights;
- 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.
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.
- 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.
- Services Content and Software
- 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.
- Social Networking Sites
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
- Indemnity and Release
- 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:
- the Services will meet your requirements;
- the Services will be uninterrupted, timely, secure or error-free;
- the results that may be obtained from use of the Services will be accurate or reliable; or
- the quality of any products, services, information or other material purchased or obtained by you through the Services will meet your expectations.
- 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:
- The use or inability to use the Services;
- 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;
- Unauthorised access to or alteration of your transmissions or data;
- Any acts, omissions, statements or other conduct of any clients or service providers or other third parties on the Services;
- 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.
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!
- Resolving Disputes
- 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 email@example.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.
- Arbitration Agreement
Mandatory Arbitration Provisions (which apply if you’re a U.S. Resident)
- We Both Agree to Arbitrate
- 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 firstname.lastname@example.org.
- 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.
- 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.
- 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.
- We Both Agree to Arbitrate
- Governing Law
- 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.
- General Terms
- Your Privacy Matters
- 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 email@example.com.
- Contact Us!