tiny.BIO Service Agreement

1ACCEPTANCE OF AGREEMENT

1.1 You agree to the terms and conditions outlined in this Agreement, including to the terms and conditions enumerated in the following parts, appendices and exhibits attached to and incorporated by reference to this agreement (each a “Part”):

a)Service Agreement
b)Privacy Policy
c)Community Policy

1.2This Agreement constitutes the entire and only agreement between TinyBio and You, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Services and the subject-matter of this Agreement.

1.3You agree to review this Agreement prior to reviewing any information on this website or App, obtaining any documents from this website or App or interacting with this website or App.

1.4This Agreement may be amended by TinyBio from time to time without specific advance notice to You. The latest Agreement will be posted on this website, and you should review the Agreement prior to using this website or App.

2ACCEPTABLE USE & CONTENT

2.1The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to this website and App are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by You of any such content or any part of this website or App is strictly prohibited. You do not acquire ownership rights to any content or document obtained through this website or App. The posting of information or materials on this website and App does not constitute a waiver of any right in such information and materials.

2.2You shall not republish, distribute, assign, sublicense, sell or prepare derivative of any content, form or document provided on this website or App. Unless otherwise stated herein, no part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical.

2.3This website and App contain links to other websites. TinyBio is not responsible for the content, accuracy, or opinions expressed in such other websites, and such other websites are not investigated, monitored or checked for accuracy or completeness by TinyBio. Inclusion of any linked website does not imply approval or endorsement of the linked website by TinyBio. If You decide to leave this website or App and access a third-party website, You do so at Your own risk.

3GENERAL

3.1TinyBio reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on this website, App, any tiny.BIO user page and any .BIO user page.

3.2You agree to indemnify, defend and hold harmless TinyBio and its partners, attorneys, directors, employees, agents, staff and affiliates from any liability, loss, claim and expense, including reasonable attorney fees, related to Your violation of this Agreement, use of this website, use of the App and acceptance of the Services.

3.3Your right to use this website and App is not transferable and any password or right given to You to obtain access is not transferable.

3.4The Services, the App and this website, including but not limited to information, forms and agreements within, are provided "as is", "as available" and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). This website, the App and the Services may contain bugs, errors, problems or other limitations. Neither TinyBio nor any registry operator (nor any registry) shall have any liability whatsoever for Your use of the website, the App or any Service. In particular, but not as a limitation thereof, neither TinyBio nor any registry operator (nor any registry) shall be liable for any direct, indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above is a fundamental element of the basis of the bargain between TinyBio and You. This website, the App and the Services would not be provided without such limitations. You understand and agree that TinyBio disclaims any loss or liability resulting from: (1) access delays or access interruptions to our web site or any Service; (2) data non-delivery or data mis-delivery; (3) acts of God; (4) the unauthorized use or misuse of Your account or any of the Services; (5) the inadvertent disclosure or theft of Your personal information; (6) errors, omissions, or misstatements in any and all information provided by TinyBio; (7) the deletion of, failure to store, or failure to process or act upon email messages, other mail and other means of communication; (8) the development or interruption of Your website and any Service; (9) errors in connection with the processing of Your application for any Service; (10) the processing of updated information to Your account; (11) the application of TinyBio’s dispute resolution policy; (12) the loss of registration, processing of, or use of any domain name; (13) the failure to renew the right to use a domain name; (14) the failure of or processing of any transfer request; (15) any corrective action TinyBio may take on Your account or Services provided to You as a result of Your violation of any term of this Agreement; (16) any rejection, cancellation, suspension, interruption, or termination of services provided by registries, registry operators or third party vendors; (17) the submission of proposed registration requests to registry operators or registries, including without limitation, Your ability or inability to obtain a particular domain name; (18) Your use of any hosting, email and website builder Service abd spam protection; (19) any failure or errors in renewing any Service; (20) service performance (throughput speed) levels; and, (21) any losses or damages related to any cancellation, discontinuation, expiration, or termination of any Service.

3.5Each form and document should be treated as a guide or starting point and should not be considered a substitute for professional legal analysis. This website and the App are provided and each form, agreement and document is provided with the understanding and agreement that TinyBio is not engaged in rendering legal, accounting or other professional services. If legal or other expert assistance is required, the services of a competent professional should be sought. You assume all responsibilities and obligations with respect to any decisions or advice made or given as a result of the use of any form, agreement or document and for the selection of a form, agreement or document to achieve Your intended results.

3.6This Agreement shall be treated as though it were executed and performed in the State of California, San Mateo County, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). All legal proceedings arising out of or in connection with this Agreement, with anyone’s use of this website or App or with anyone’s use of the Services shall be brought solely either in the United States District Court for the Northern District of California or in the Superior Court of California, San Mateo County. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. Each party waives any objection (on the grounds of lack of jurisdiction, forum non conveniens or otherwise) to the exercise of such jurisdiction over it by any such courts. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the interpretation or enforcement of this Agreement.

3.7You agree to waive Your rights to a trial by jury (regardless of the source of that right) in any action against TinyBio, including tort claims, arising from this Agreement. If TinyBio prevails in any litigation against You then TinyBio will receive from You all costs and reasonable, actual attorney fees incurred in that litigation.

3.8Any cause of action related to anyone’s use of this website or App (and/or information, forms and agreements, thereon) or TinyBio’s Services must be instituted within six months after the cause of action arose or be forever waived and barred.

3.9Unless otherwise stated herein, nothing herein shall be deemed to create an agency, joint venture, amalgamation, partnership or similar relationship between any parties and no party shall assume any obligation or responsibility on behalf of another party.

3.10The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party.

3.11This Agreement, along with all documents and information provided on this website and App, is executed in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only, and in the event of any conflict between the English version and a translated version, the English version will control and prevail.

3.12Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.

3.13To the extent that anything in or associated with this website or App is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.

3.14Failure of TinyBio to enforce any provision of this Agreement shall not be deemed a waiver of such provision or of the right to enforce such provision.

3.15The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.

Part I: SERVICE AGREEMENT

1APPLICATION

1.1This Service Agreement applies to any person or entity which creates a user account with TinyBio, otherwise has control over a user account with TinyBio, or uses any of the services described herein.

2ACCURACY OF CONTACT INFORMATION

2.1 You shall provide to TinyBio accurate and reliable contact details and correct and update them within seven (7) days of any change, including:

a)Your full name;
b)Your postal address;
c)Your e-mail address;
d)Your voice telephone number;
e)Your fax number, if available; and,
f)if you are an organization, association or corporation, the name of an authorized person for contact purposes.

2.2If You, directly or indirectly, willfully provide inaccurate or unreliable information to TinyBio, willfully fail to update information provided to TinyBio within seven (7) days of any change, or fail to respond for over fifteen (15) days to inquiries by TinyBio concerning the accuracy of contact details associated with Your account, then such action or inaction, as appropriate, shall constitute a material breach of this Agreement and become a basis for suspension and/or cancellation of the Services provided to You.

3DATA PROCESSING & SECURITY

3.1TinyBio shall not process any personal data collected from You in a way incompatible with the purposes and other limitations about which TinyBio has provided notice to You in accordance with the Privacy Policy.

3.2You authorize TinyBio to process all account transactions and activities initiated through the use of Your account. You shall pay all fees and assume all liabilities arising from the use of Your account, including but not limited to circumstances these where transactions and/or activities are caused, directly or indirectly, by unauthorized parties.

3.3You shall forthwith notify TinyBio of any unauthorized use of Your password, Your account, or any other breach of security.

3.4You shall cooperate with TinyBio’s security processes, including but not limited to secret questions and account locking processes, by providing complete, accurate, and truthful information.

3.5TinyBio may, in its sole and absolute discretion, log off, delete, disable, or deactivate any account that is inactive for an extended period of time.

4FEES

4.1You shall pay TinyBio the applicable fees set forth in this Agreement and on this website or App at the time of Your purchase, upon receipt of an invoice from TinyBio and by the dates specified in the respective payment plan, as applicable.

4.2You shall pay TinyBio’s fees only in the currency required by TinyBio and only by way of the payment method required by TinyBio.

4.3Unless otherwise stated herein, TinyBio shall neither refund nor credit any fee or amount paid.

4.4An additional USD $15 processing fee shall apply to every wire transfer of an amount below USD $500.

4.5An additional fee may apply to any wire transfer from third-parties intermediaries, including but not limited to banks based outside of the United States of America.

4.6An additional fee, as stated on this website or App, shall apply for requests to TinyBio to reset the email address associated with Your account.

4.7Additional fees may apply for processing of Services by means other than by email or electronically and for responding to and handing of disputes requiring legal action.

4.8You may deposit funds in Your account (“Pre-Pay”) against which TinyBio shall credit its fees. No Pre-Pay amount is refundable unless otherwise stated herein.

4.9An additional USD $20 processing fee, or as otherwise stated on this website or App, shall apply to every instance where Your check or other order for the payment of money is returned unpaid for any reason.

4.10TinyBio may charge its fees against Your credit card or other payment service on Your account.

4.11In order to use the direct debit functionality of our application, you must open a "Dwolla Account" provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in or transferred through your Dwolla Account are held or transferred by Dwolla's financial institution partners. You must be at least 18 years old to create a Dwolla Account. You authorize us to collect and share with Dwolla your personal information including full name, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla Account through our application, and Dwolla account notifications will be sent by us, not Dwolla. We will provide customer support for your Dwolla Account activity.

5RENEWAL

5.1TinyBio disclaims all warranties, express or implied, respecting the fee applicable to and the length of the renewal of any Service or portion thereof.

5.2You shall be solely responsible for maintaining your own records and reminders respecting the expiry of any Service or portion thereof.

5.3If You opt-in for automatic renewal of a Service but TinyBio is unable to process a transaction, then the automatic renewal shall not occur.

5.4Every transaction is final, irreversible, non-refundable and ineligible for account credit.

6DISPUTES

6.1 Unless otherwise stated herein, TinyBio may, in its sole and absolute discretion:

a)Refuse to provide or cease providing any Service or portion thereof;
b)Refuse to affect any transaction on Your account;
c)Delete, suspend, cancel, terminate, or otherwise interrupt any Service and/or Your account where such Service or account is used in connection with a morally objectionable activity, including but not limited to spam, fraud, illegal activity, defamation, slander, harassment, obscenity, profanity, indecency, deceptive practices, tortuous behavior, racism, bigotry, hatred, vulgarity, invasion of privacy, impersonation, intellectual property infringement, trademark infringement, copyright infringement, counterfeiting, piracy, unsolicited bulk e-mailing, phishing, pharming use of botnets, malware, any harm or threat of harm to a third party or to TinyBio, any activity contrary to applicable law and any activity or material deemed objectionable by TinyBio, in its absolute and sole discretion (“Objectionable Use Activity”);
d)Delete, suspend, cancel, terminate, or otherwise interrupt any Service and/or Your account while investigating whether Your account is used in connection with any Objectionable Use Activity; and,
e)Treat any Objectionable Use Activity as a termination of this Agreement and deny any request for account credit and/or refund.

7APPLICATION PROGRAMMING INTERFACE

7.1 You shall not, and shall not permit any third party to:

a)reverse engineer or otherwise attempt to discover the source code of or trade secrets embodied in TinyBio’s application programming interface (“API”) or any portion thereof;
b)distribute, transfer, grant sublicenses to, or otherwise make available the API (or any portion thereof, or any data derived out of its use) to third parties;
c)embed or incorporate in any manner the API (or any element thereof, or any data derived out of its use) into other applications or third parties;
d)create modifications to or derivative works of the API;
e)reproduce the API;
f)attempt or permit any third party to attempt to modify, alter, or circumvent the license control and protection mechanisms within the API;
g)use or transmit the API in violation of any applicable law, rule or regulation, including any export/import laws;
h)use or transmit the API in a manner that causes or contributes to, directly or indirectly, the degradation of the API service, this website or App or in a manner determined by TinyBio, in its absolute and sole discretion, as abusive of the API service; or,
i)in any way access, use, or copy any portion of the API code (including the logic and/or architecture thereof and any trade secrets included therein) to directly or indirectly develop, promote, distribute, sell or support any product or service that is competitive with the API.

7.2TinyBio shall retain all ownership rights in and to the API, its associated marks, functionality, documentation, deliverables, support services, updates, upgrades, other derivative works of the API and all intellectual property rights incorporated into or related to the foregoing. All rights not expressly licensed by TinyBio under this Agreement are reserved.

8ACCOUNT LOCK FEATURE

8.1You may request TinyBio to enable on Your account enhanced security features (“Account Lock Feature”) intended to assist You with preventing the theft or hijacking of Your account.

8.2 To enable Account Lock Feature:

a)You shall provide TinyBio, at Your sole expense, with the number of Your mobile telephone device;
b)Your mobile telephone device must be capable of text messaging;
c)You shall verify Your mobile telephone device as required by TinyBio; and,
d)You shall pay TinyBio’s fees applicable to the verification process.

8.3To disable Account Lock Feature, You shall follow the verification process required by TinyBio.

8.4You shall be solely responsible for any third-party fees arising out of Your verification of Your mobile telephone device.

Part II: Privacy Policy

Protecting our customers’ privacy and personal information is of paramount importance and fundamental to the way TinyBio does business.

1APPLICATION

1.1This Part II (Privacy Policy) applies to any person who accepts services from TinyBio, visits this website or App, or provides TinyBio with personal information. The terms herein may change from time to time, so you should review them for changes periodically.

2DATA PROTECTION OFFICER

2.1For the purpose of this Part II (Privacy Policy), the contact information for TinyBio’s data protection officer is:

Data Protection Officer
[email protected]

3IDENTIFYING PURPOSE

3.1TinyBio identifies the reasons for processing personal data before or at the time of collection. Unless required by law, TinyBio does not use or disclose, for any new purpose, personal data that has been processed without first identifying and documenting the purpose and obtaining Your consent.

3.2TinyBio may process the following information about You (“Processed Information”): Google referral sources, page visits, address, name, password, phone number, IP address, single sign-on (Open ID), forum views and posts, chats, emails, account creation, order placement, form submissions, how you heard about us, payment information, call start and duration, referring page, referral landing page, birthdate, and security questions and answers. If You use the App, Processed Information shall include partial geographic location information, ID of Your device, phone camera permissions and mobile phone photo gallery permissions. Processing may include automated methods and manual reviews of automated methods.

3.3The purposes for processing Processed Information include, but are not limited to: troubleshooting errors, abuse detection, targeted marketing, localizing data, site and usage statistics, communication with You, account creation, provisioning of Services, provisioning of Services via the App, compliance with ICANN requirements, ACH Payments Provider, transfer of phone number to text message processor, to detect spam, to train, build and improve the accuracy of automated processing methods, to comply with applicable laws, regulations, policies or any holding, order, or decision by a competent court, administrative authority or dispute resolution service provider, and to establish, assert, or defend our legal rights, and to avoid any actual or potential civil or criminal liability on our part and our affiliates, subsidiaries, contracted parties, officers, directors, representatives, employees, contractors, and stockholders.

4ACCESS, RECTIFICATION & PROCESSING

4.1You may request and obtain from TinyBio’s data protection officer confirmation as to whether or not personal data concerning You is being processed by TinyBio and, where that is the case, access to the personal data and the purposes of the processing.

4.2You may request TinyBio’s data protection officer to restrict the processing of or to rectify personal data concerning You. TinyBio, in its absolute and sole discretion, may refrain from complying with any portion of such request where such compliance would undermine TinyBio’s ability to establish, exercise or defend legal claims or conflict with TinyBio’s reasonable grounds for processing which override Your interests, rights and freedoms.

4.3Notwithstanding anything to the contrary herein, TinyBio may refrain from complying with any requirements of this Section 4 (Access, Rectification & Processing) where TinyBio is unable to reasonably determine Your identity.

4.4TinyBio may refrain from complying with any access request(s) under this Section 4 (Access, Rectification & Processing) until You pay TinyBio’s fee(s) for same.

5RIGHT TO ERASURE

5.1TinyBio shall maintain reasonable controls and practices for retention and erasure of personal data that is no longer necessary or relevant for the identified purposes or required by law to be retained.

5.2You may request TinyBio’s data protection officer to erase personal data concerning You. TinyBio shall comply with such a request where the personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed.

5.3 Notwithstanding anything to the contrary herein, TinyBio may refrain from complying with any requirements of this Section 5 (Right to Erasure) where such compliance:

a)undermines TinyBio’s ability to establish, exercise or defend legal claims;
b)conflicts with TinyBio’s reasonable grounds for processing which override Your interests, rights and freedoms;
c)undermines an individual’s right of freedom of expression and information;
d)undermines archiving in the public interest, statistical purposes, or for scientific or historical research; or,
e)undermines TinyBio’s compliance with a legal obligation.

6SAFEGUARDS

6.1TinyBio shall protect personal data against such risks as loss, misuse, unauthorized access or disclosure, alteration, or destruction through appropriate security measures. TinyBio shall protect the information regardless of the format in which it is held.

Part III: COMMUNITY POLICY

1APPLICATION

1.1This Community Policy applies to any person or entity which accesses, uses or seeks to access or use TinyBio’s blogs, forums or any user pages (each a “Public Page”).

2PROMOTIONAL POSTS

2.1 Your information and content on any Public Page may promote a business, product, or service only if:

a)the information or content is valuable for TinyBio’s users and is relevant to the specific discussion in the respective Public Page, as determined by TinyBio in its absolute and sole discretion; and,
b)You disclose all commercial relationships that You have with the promoted business, product, or service, as applicable, including but not limited to any relationship respecting payment, reciprocal advertising arrangement, conflicts of interest, and any non-commercial relationship.

3GENERAL

3.1TinyBio shall not be obligated to publish any of Your information or content on any Public Page.

3.2TinyBio may, in its absolute and sole discretion, remove or modify any of Your information or content on any Public Page without notice.

3.3TinyBio shall not be obligated to store, maintain or provide You a copy of any content or information on any Public Page.

3.4You grant TinyBio a worldwide, perpetual, non-exclusive, transferable and sublicensable right to use, copy, modify, distribute, publish and process information and content that You submit to any Public Page without any further consent from and notice and compensation to You and any other third-party.

3.5You shall not submit information or content to any Public Page if such submission is an Objectionable Use Activity.

3.6All information and content that You submit to any Public Page shall be truthful.

3.7TinyBio is not responsible for the content, accuracy, or opinions expressed in any Public Page, and the respective content and information is not investigated, monitored or checked for accuracy or completeness by TinyBio. TinyBio neither approves nor endorses any information or content on any Public Page.