Terms of Use
TinySouls Media
Last updated: July 5, 2023
Please read these Terms and Conditions carefully before using TinySouls’ Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded by You on any electronic device.
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to TINYSOULS MEDIA LTD., TINYSOULS MEDIA INC. and other Affiliates.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers collectively to the Application, Website along with any other products or services offered by the Company, whether through the Website or otherwise.
Terms mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to https://www.tinysoulsmedia.com.
You refers to the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms governing the use of this Service and the agreement that operates between You and the Company. These Terms set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms. If You disagree with any part of these Terms then You may not access the Service.
You represent that you are over the age of 13. The Company does not permit those under 13 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your Personal Data when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
IF YOU SIGN UP FOR A SUBSCRIPTION, THEN YOUR SUBSCRIPTION WILL CONTINUE FOR THE DURATION SET FORTH AT THE TIME OF PURCHASE AND WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT TINY SOUL’S THEN-CURRENT FEES FOR THE APPLICABLE SERVICE UNLESS YOU OPT NOT TO RENEW YOUR SUBSCRIPTION. ANY TERMINATION OF YOUR ACCOUNT WILL NOT CANCEL YOUR SUBSCRIPTION, AND IS NOT AN OPT OUT OF THE RENEWAL OF YOUR SUBSCRIPTION. YOU MAY CANCEL YOUR SUBSCRIPTION OR OPT OUT OF THE RENEWAL OF A SUBSCRIPTION IN ACCORDANCE WITH SECTION 1.4 BELOW.
PLEASE BE AWARE THAT THE TERMS CONTAIN PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT THAT WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SERVICE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF CANADA , WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
Privacy Policy
Your use of, and participation in, the Service offered by the Company is subject to the terms set forth in our privacy policy located at https://tinysoulsmedia.com/privacy-policy (the “Privacy Policy”). Our Privacy Policy details how we collect and use your information.
Changes to the Terms
We reserve the right to update and revise these Terms at any time. We’ll make sure to also change the “Last Updated” date at the top of this page so you can tell if these Terms have changed since your last visit. Any such changes are effective immediately when we post them and apply to all access to and use of the Service thereafter. Please review these Terms regularly because once we post any changes, your continued use of the Service constitutes your acceptance of the revised Terms.
1. Paid Service
1.1 Account Registration. By accessing the Services, you warrant that:
(i) You are legally capable of entering into binding contracts;
(ii) All registration information you submit is truthful and accurate;
(iii) You will maintain the accuracy of such information; and
(iv) Your use of the Service does not violate any applicable law or regulation.
To access our Service, you may be required to register and create a user account (“Account”). If you create an Account, you are solely responsible for any activity that occurs through your Account. In order for us to provide you the best possible Service, you agree to provide us with complete, accurate, and updated information for your Account at all times. You agree that all information that you submit upon creation of your Account is accurate and truthful and you have the right to post the content on the Service and grant a license to the Company. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible.
You should not share your Account information. You should not use another person’s Account or registration information for the Service without permission. Similarly, no one else should be able to use your Account without permission. You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your Account.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. You can always delete your Account by emailing us at info@tinysoulsmedia.com.
1.2 Fees. Certain products or services offered on or through the Service may be provided for a fee or other charge, including services or features for which access and use is purchased on a time limited basis (each a “Subscription”). You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Our current pricing and payment terms are listed on the mobile application store or website of the authorized third party through which you have purchased a Subscription (“Distributor”). The Company may add new products and services for additional fees and charges, or amend fees and charges for existing products and services, at any time in its sole discretion. Any increased fees for existing Subscriptions will apply solely on a forward-looking basis beginning on your next billing period.
1.3 Payment. You may be required to provide the Company or the Distributor with information pertaining to a valid credit card (Visa, MasterCard, or any other issuer accepted by us or Distributor), PayPal account, or other permitted payment method (“Payment Information”). You agree that the Company or the Distributor, as applicable, is authorized to immediately charge your Payment Information for all fees and charges due and payable for the products and services hereunder and that, except as required under applicable law, no additional notice or consent is required. You agree to immediately notify the Company or the applicable Distributor of any change in your billing address or Payment Information. The Company reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Service or by email delivery to you. Without limiting anything set forth therein, you acknowledge and agree that we may provide your Payment Information to our third party service providers (e.g., our payment processing partner) for use pursuant to our Privacy Policy. You agree not to hold us responsible for banking charges incurred due to payments on your account. You agree that you are not permitted to resell any Service for commercial purposes. We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Service. We may also at any time and from time to time, in our sole discretion, change or remove any of the pricing models in place.
1.4 Subscription. The fee for a Subscription will be billed by the Distributor or the Company at the start of your Subscription or, if applicable, at the end of any free trial period, and at regular intervals in accordance with your elections at the time of purchase. The timing of billing may change at any time. Your Subscription will continue to automatically renew indefinitely, including if you terminate your Account, until your Subscription is canceled in accordance with the Agreement. After your initial Subscription period, and again after any subsequent Subscription period, your Subscription will automatically renew on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period at the Company’s then-current price for such Subscription. You agree that your Account will be subject to this automatic renewal feature (even if you otherwise terminate your Account) unless you cancel your Subscription prior to the Renewal Commencement Date in accordance with any terms between you and the Distributor. You may opt out of the auto-renewal of your Subscription, or cancel your Subscription, by managing your subscriptions from within your Apple or Android settings. If you cancel your Subscription, such cancellation will be effective as of the end of your then-current Subscription term (the “Cancellation Date”), and your Subscription will not be renewed after such then-current term. You will not be eligible for a prorated refund from the Company of any portion of the fees paid for the then current period of your Subscription. By purchasing a Subscription, you authorize the applicable Distributor or the Company to charge your Payment Information in accordance with your selected Subscription plan. Upon renewal of your Subscription, if the applicable Distributor or the Company does not receive payment via your Payment Information, (a) you agree to pay all amounts due on your Account upon demand and/or (b) you agree that Distributor or the Company may either cancel or suspend your Subscription and continue to attempt to charge your Payment Information until payment is received.
1.5 Free Trials. Certain Subscription offerings may offer a free trial prior to charging your payment method, the period of which will be communicated to you via the Service. If you decide to cancel your Subscription before the Company starts charging your payment method, you must cancel the Subscription before the free trial ends. Otherwise, you will be responsible for payment for the full term of the Subscription period.
1.6 No Refunds. THE COMPANY DOES NOT ISSUE ANY REFUNDS FOR ANY PRODUCTS OR SERVICE PURCHASED ON OR THROUGH THE SERVICE AND WE ARE NOT OBLIGATED TO PROVIDE ANY CREDITS FOR PARTIALLY USED PERIODS.
1.7 Payment Service Provider. All financial transactions made in connection with the Service will be processed by the Distributor or their third party payment service provider in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. As such, in no event will the Company be responsible for the actions or inactions of any Distributor or their third party payment service provider, including, but not limited to, system downtime or payment service outages, and any billing and fee disputes may require resolution between you and the Distributor or applicable third party. If you notify us of any fee or billing dispute we will likely direct you to the Distributor to address such dispute, but, to the extent we are able, we may assist you in resolving such dispute at our sole discretion.
1.8 Taxes. The payments required under Section 1.3 of this Agreement do not include any Sales Tax or GST that may be due in connection with the Service provided under this Agreement. If the Company determines it has a legal obligation to collect a Sales Tax from you in connection with this Agreement, the Company shall collect such Sales Tax in addition to the payments required under Section 1.3 of this Agreement. If any Service, or payments for any Service, under the Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to the Company, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify the Company for any liability or expense the Company may incur in connection with such Sales Taxes. Upon the Company’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
2. TERM AND TERMINATION
2.1 Term. These Terms commence on the date you first used the Service and will remain in full force and effect while you use the Service, unless earlier terminated in accordance with these Terms.
2.2 Termination of Service by the Company. The Company may terminate your ability to access or use the Service at any time for any reason, including if timely payment cannot be charged to your Payment Information for any reason, if you have breached any provision of the Terms, or if the Company is required to do so by law (e.g., where the provision of the Service is, or becomes, unlawful). If you have a Subscription and your Account is terminated by us, you must promptly cancel your Subscription in accordance with Section 1.4. Otherwise, your Subscription will remain in effect until the cancellation of your Subscription in accordance with Section 1.4 (independent of any termination of your Account or termination of this Agreement by us).
2.3 Termination by You. If you want to terminate your use of the Service, you must do so by: (a) notifying the Company at any time; (b) cancel all of your Subscriptions in accordance with Section 1.4; and (c) terminate your Account for all of the features of the Service that you use. Your notice should be sent, in writing, to info@tinysoulsmedia.com. If you seek to terminate these Terms in accordance with this Section, these Terms will remain in effect until the Cancellation Date of all of your Subscriptions in accordance with Section 1.4 (independent of any termination of your Account or notice of your termination of this Agreement).
2.4 Effect of Termination. Termination of the Terms, your Account, or of your access to or use of the Service may include removal of access to the Service and barring of further use of such Service. Termination of the Terms or your Account also includes disassociation or deletion of your username, your password and, all related information, files and content associated with or inside your Account (or any part thereof). Upon termination of the Terms, your right to use the Service will automatically terminate. The Company will not have any liability whatsoever to you for any suspension or termination, including for deletion of your content. All provisions of the Terms which by their nature should survive, shall survive termination of the Terms, including without limitation, ownership provisions, warranty disclaimers, arbitration and governing law, and limitations of liability.
Eligibility; User Restrictions
We only permit individuals who are at least 18 years old, or the age of majority in your province, territory or country, and who can form legally binding contracts with us to use the Service. Individuals under the age of 18, or the applicable age of majority, (“Minors”) may utilize the Service only with the consent and support of a parent, legal guardian or other qualified adult. If you are a parent or guardian and you allow your Minor to use the Service, you agree to be bound by the Minor’s use of the Service and by these Terms. If you are a Minor and do not have the requisite parent or guardian consent, please do not attempt to access or use the Service.
You can only use or receive the Service to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules and regulations that apply to you. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Use of the Service; Restrictions on Use
We may from time to time in our sole discretion develop and provide updates to the Service, change the Service, restrict access to the Service (including to registered users) or withdraw or terminate the Service entirely, and we reserve the right to do so in our sole discretion without notice. Any such updates or changes will be deemed part of the Service and subject to these Terms. We will not be liable to you or any third party for any modification, suspension or discontinuance of the Service. In the event of modification or termination, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability.
You may only use the Service as explicitly authorized and in compliance with any policies made available to you within the Service. You may not use such proprietary information or materials in any way whatsoever except for permitted use of the Service. No portion of the Service may be reproduced in any form or by any means. Without limiting the foregoing, you may not do any of the following while accessing or using the Service:
Use the Service for any revenue generating endeavor, commercial enterprise, or other purpose other than for personal, non-commercial use, without our express written consent;
Express or imply that any statements you make are endorsed by the Company;
Scrape the Service or use other automated or manual means to take our content without our express prior written consent;
Modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of the Service not intended to be so read;
Take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure;
Interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
Bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Service, including without limitation other accounts, computer systems or networks connected to the Service;
Run any form of auto-responder or “spam” on the Service;
Access or use the Service for any illegal or unauthorized purpose, including to harass, abuse, defame or otherwise infringe or violate the rights of any other party; or
Otherwise take any action in violation of these Terms.
Intellectual Property
Except as otherwise expressly granted to you in these Terms, we reserve and retain all right, title and interest in the Service, including without limitation, all technology and processes, enhancements or modifications thereto, trademarks, service marks, site design, text, video, graphics, logos, images and icons, as well as the arrangement thereof. You acknowledge that the Service contain proprietary content, information and material protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws, and you agree that, except with our prior written consent or as explicitly provided in these Terms, using the Service does not (1) give you any ownership of any intellectual property rights in our Service or (2) grant you the right to display, modify, reproduce, distribute, create derivative works of, download, store, transmit or otherwise use any of our intellectual property. Any unauthorized use of any content or materials on the Service is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
In particular, audio or video content from the Company not explicitly indicated as downloadable may not be downloaded or copied from the Service. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Service. If you make other use of the Service, or the content, code, data or materials thereon, except as otherwise provided, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
You may not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. You acknowledge and agree that you do not acquire any ownership interest in the Service under these Terms, or any other rights thereto other than to use the Service in accordance with the license granted. Appropriate legal action may be taken for any illegal or unauthorized use of the Service.
To inquire about obtaining authorization to use the materials or content other than as permitted in these Terms, please contact us at info@tinysoulsmedia.com.
Availability of the Service
Although we aim to offer you the best service possible, we make no promise that the Service will meet your requirements and we cannot guarantee that the Service will be fault free. If a fault occurs in our Service, please report it to us at info@tinysoulsmedia.com and we will review your complaint and, where we determine it appropriate to do so, correct the fault. We will not be liable to you if the Service are unavailable from time to time.
Your access to the Service may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Service. We will restore the Service as soon as we reasonably can.
Force Majeure
We take our commitment to customers seriously, and we’ll do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure or degradation, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, or our inability or delay in obtaining supplies of adequate or suitable materials.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some States do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Company's Affiliates makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some states do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Our Service and products are provided for educational and informational use only and should not be used for medical, diagnostic or mental health purposes. Our Service and products are not intended to supplement or replace medical or mental healthcare services, nor do we guarantee specific results or outcomes. Our Service and products and any activities described on our Service should always be supervised by an adult 18 years of age or older, and child-safe products should be used at all times.
Governing Law
The laws of Canada, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
Arbitration
At our sole discretion, we may require you to submit any disputes arising from these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the International Centre for Dispute Resolution Canada. The arbitration shall be seated in Vancouver, Canada.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service or your use of any information obtained through the Service.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Contact Us
If you have any questions about these Terms, You can contact us:
By email: info@tinysoulsmedia.com