Terms of Services
Welcome to TnY Systems! These Terms of Service (“Terms”) govern your use of our website(s), mobile applications (our “Apps”), and any related services (collectively, the “Service”) provided by TnY Systems Inc. (“we,” “us,” or “our”).
By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.
1. Acceptance of Terms
By creating an account, downloading our Apps, or using our Service in any way, you affirm that you are at least 18 years old or the age of legal majority in your jurisdiction, and you accept and agree to be bound by these Terms. If you are using the Service on behalf of an organization or entity, you represent and warrant that you have the authority to bind that entity to these Terms.
2. User Conduct and Responsibilities
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links, and other content or materials (collectively, “Content”) that you submit, post, or display on or via the Service.
You agree that you will not use the Service to:
Engage in Illegal Activities: Violate any applicable local, state, provincial, national, or international law or regulation. This includes, but is not limited to, activities related to fraud, money laundering, or terrorist financing.
Scam or Defraud Others: Post or transmit any Content that is fraudulent, deceptive, or misleading. This includes phishing, “get rich quick” schemes, or any other form of financial scam.
Infringe on Intellectual Property: Post Content that infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
Harass, Abuse, or Harm: Transmit any Content that is unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable.
Impersonate Others: Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Distribute Malicious Software: Upload or transmit any viruses, worms, trojan horses, or other malicious code.
Interfere with the Service: Disrupt or interfere with the security of, or otherwise abuse, the Service, or any services, system resources, accounts, servers, or networks connected to or accessible through the Service.
Scrape or Harvest Data: Use any automated system, including “robots,” “spiders,” or “offline readers,” to access the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period by using a conventional on-line web browser.
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending Content from the Service, suspending or terminating the account of such violators, and reporting you to law enforcement authorities.
3. Limitation of Liability and Disclaimers
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TNY SYSTEMS INC. AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
USER CONDUCT: THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. WE ARE NOT RESPONSIBLE FOR ANY FRAUDULENT, ABUSIVE, OR OTHERWISE ILLEGAL ACTIVITY OF OUR USERS.
USE OF THE SERVICE: THE USE OR THE INABILITY TO USE THE SERVICE.
UNAUTHORIZED ACCESS: 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 SERVICE.
DATA AND SECURITY: UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
SERVICE AVAILABILITY: ANY ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY CONTENT.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
4. Indemnification
You agree to indemnify, defend, and hold harmless TnY Systems Inc., its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
5. Termination
We may, in our sole discretion, suspend, disable, or terminate your account and your right to use the Service, at any time for any reason or no reason, including for any violation of these Terms. You agree that we will not be liable to you or any third party for any termination of your access to the Service. Upon termination, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
6. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the [Province of Ontario, Canada / State of Delaware, USA], without regard to its conflict of law principles.
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by binding arbitration in [Toronto, Ontario / Wilmington, Delaware], in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
7. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.
8. Contact Us
If you have any questions about these Terms, please contact us at [info@tnysystems.com].