PLEASE CAREFULLY READ OUR PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE, BEFORE USING TinyTap.  These Terms affect your legal rights and obligations.  If you do not agree to be bound by all of these Terms, do not access or use the Service.

Terms of Service

TinyTap, Ltd.  (“TinyTap” or “us,” “our,” “we”) is the creator and owner of a social platform that enables users to access, create, and share educational, interactive content and applications (the “Platform”) provided through TinyTap’s website and mobile application (collectively “Site“).  These Terms of Services (the “Terms”) govern your access to and use of the Site and Services (as defined herein) and all content (the “Content,” as further defined below) and services available through the Site (the “Services”).  The Terms apply to all schools, school districts, educational and other institutions, including trained institutional staff members who are authorized to access the Services on behalf of a school, school district or other institution (each, a “School”), as well as individuals who are non-School users of the Services (Schools and individuals, referred to here as “user,” “you,” or “your”). Any minor child you permit to use the Platform and/or Services, subject to the terms hereof shall be referred to as a “Child”.

If you are registering on behalf of a School, you represent that: (i) you are authorized to enter into, and bind the School to these Terms and register for the Platform and Services; (ii) you are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you and the School and the right to access the Platform and Services is revoked where these Terms or use of the Platform and Services is prohibited; (iii) you do not create or maintain an account on behalf of a Child if you or the School have not obtained prior written consent from the Child’s parent or legal guardian (“Parent”). (“Parental Consent“). If you have created an account on behalf of a Child without having obtained Parental Consent,  you hereby agree to immediately cease any and all use of and activity on such account and delete such account from our Platform by visiting our website or contacting us at help @ tinytap.it.

Please read these Terms carefully. These Terms govern your access to and use of the Platform and Services.  By accessing our Platform and/or using our Services you signify your consent to these Terms. The way we collect, process and transfer Personal Information (as defined in the Privacy Notice) is detailed in our Privacy Notice. Changes may be made to these Terms from time to time.  Your continued use of the Platform and/or Services will be deemed acceptable to the amended or updated Terms.  If you do not agree to any of these Terms, please do not click the button marked “I agree” or use the Platform and/or Services.

Account Registration

In order to use most of our Services, you will be required to create an account. Your account allows you to use all the Platform and Services, subject to these Terms and our Privacy Notice. TinyTap reserves the right to refuse to allow a user to open an account for any reason, or to limit the number of accounts a School can establish on the Services, all in its sole discretion.

You may also access the Services by logging in through approved third-party logins, such as Facebook and Google. We may change the method of registration at our discretion. By accessing the Services through approved third-party login, you represent and warrant that the third-party login account is yours and you have full rights to provide us with the information in this account.

Children may access the Services through a subaccount created on their behalf by their Parent, Group Leader (as defined below) or by their School, subject to the School or Group Leader’s written confirmation to TinyTap of receipt of Parental Consent in respect of each Child, before the creation of a sub-account for such Child. The School or Group Leader shall at all times remain liable for all conduct under that subaccount.  Entities or individuals other than Schools, Group Leader or Parents may not use the Services on behalf of children.

When you create a user account (including as a Parent or on behalf of a School or other institution), you will be asked to provide a valid email address.

Certain Services, such as creating games and use of certain games and courses, may be available without account registration.

You are fully and solely responsible for the security of your computer system and all activity on your account, even if such activities were not completed by you.  You agree to notify TinyTap immediately of any unauthorized use of your TinyTap account or password.  TinyTap will not be liable for any losses or damages arising from unauthorized use of your account or password, and you agree to indemnify and hold TinyTap harmless for any improper or illegal use of your account, including any charges and/or taxes incurred, unless you have notified us via email at help @tinytap.it that your account has been compromised and have requested us to block access to it.  We do not police for, and cannot guarantee that we will learn or prevent any inappropriate use of the Platform and/or Services.

Termination of Account

Upon termination, suspension or expiration of the Agreement for any reason, TinyTap may terminate your access to your account at its sole discretion.

TinyTap may terminate your account if you violate any of these Terms.

Upon termination or suspension of your account, you shall not have any further access to any Content (as defined below) that may be available through your account. Any data associated with your account, including any User Content (as defined below), may, at TinyTap’s sole discretion: (i) be deleted from TinyTap and removed from any public area of the Services; or (ii) remain available on the Platform, and accessible to TinyTap users and third parties subject to these Terms.

If TinyTap believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate usage or behavior has occurred, we may take any other corrective action we deem appropriate.  We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate usage or behavior regarding the Platform and Services. We will fully cooperate with any law enforcement investigation or court order requesting or directing us to disclose the identity, behavior or Content (including User Content) of anyone believed to have violated these Terms or to have engaged in illegal behavior.  Any suspension or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination.

Services

You may use the Platform, as well as the Content and Services provided through it, on your own behalf and/or for the purpose of offering children (subject to Parental Consent as specified herein) educational games, as available on the Platform and/or to create your own educational games. TinyTap may, in its sole discretion and at any time, discontinue providing any part of the Platform and/or Services without notice.

Use of the Services and access to the Platform is void where prohibited by law, regulation or any other obligation.  By using the Site and/or Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older and have the legal ability to form a binding contract; (d) your use of the Platform and Services does not violate any applicable law or regulation or any obligation you may have, including to a third party; (e) you are solely responsible for obtaining any Parental Consent for each Child you give access to a sub-account, as required; and (f) YOU WILL NOT ADD ANY SPECIAL CATEGORIES OF DATA (AS SUCH TERM IS DEFINED IN REGULATION 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 27 APRIL 2016 ON THE PROTECTION OF NATURAL PERSONS WITH REGARD TO THE PROCESSING OF PERSONAL DATA AND ON THE FREE MOVEMENT OF SUCH DATA, AND REPEALING DIRECTIVE 95/46/EC (GENERAL DATA PROTECTION REGULATION) (“GDPR“) AND IF YOU DO ADD ANY SPECIAL CATEGORIES OF DATA, YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE OBTAINED EXPLICIT CONSENT IF AND AS REQUIRED UNDER APPLICABLE LAW AND THAT YOU SHALL BE SOLELY RESPONSIBLE AND LIABLE FOR ANY SUCH DATA, INCLUDING IN THE EVENT OF ANY DATA BREACH BY TINYTAP.

TinyTap hereby grants you with a non-exclusive and non-transferable right to use the Platform and/or Services, in accordance with and subject to these Terms.

Content and User Content

Certain types of content may be made available through the Platform and/or Services.  “Content” as used in these Terms means, collectively, all the content on or made available through the Platform and/or Services and any modifications or derivatives of the foregoing.

The Services allow you to add certain content including data, text, files, information, usernames, additional educational content (“Game”), graphics, audio recordings, voice recordings profiles, links, images, logos, pictures, photos, video’s, comments, reviews, ratings and other content or materials (“User Content”). You are fully and solely responsible for any User Content you submit through the Services.  You represent and warrant that any such User Content complies with all applicable law, that you have all necessary rights to submit any such User Content through the Services and that no such User Content infringes or violates any third-party intellectual property rights, privacy or publicity rights, or moral rights. You further represent and warrant that YOU WILL NOT ADD AND/OR UPLOAD ANY SPECIAL CATEGORIES OF DATA TO THE PLATFORM. TinyTap has no obligation to accept, display, review or maintain any User Content.  Moreover, TinyTap reserves the right to remove and permanently delete or hide any Content, including any User Content submitted or modified by any user, without notice, and for any reason. WE DO NOT ENDORSE ANY CONTENT (INCLUDING WITHOUT LIMITATION ANY USER CONTENT) OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY USER CONTENT, AND WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH ANY USER CONTENT.

TinyTap may, at its sole discretion, choose to monitor User Content for inappropriate or illegal behavior, including through automatic means; provided, however, that TinyTap reserves the right to treat User Content as content stored at the direction of users for which TinyTap will not exercise editorial control except when violations are directly brought to TinyTap’s attention.  TinyTap has the right to edit, delete, distort, modify or move User Content from the Site and/or Services without notice for any reason at any time.

Content on the Site comes from a variety of sources, including from other users.  You understand that TinyTap is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to this Content (including but not limited to User Content).  Although users must agree to these Terms, it is possible that other users (including unauthorized users) may post or transmit offensive or obscene materials to which you may be involuntarily exposed, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against us with respect to thereto. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICES OR OTHERWISE.

Groups

When using the Platform and/or Services, you may create sub-accounts to your account to assign and make Games and other Content available (each a “Group” and such user creating a Group, a “Group Leader”). You may create a sub-account for either your Child, in respect of which you have the parental rights and/or as a School, subject to receipt of Parental Consent (each such user, a “Group Member”). You will have access to each Group Member’s use and/or progress of each Game or use of other Content assigned or created by you or another Group Leader (each a “Report“).  If you are a School or a School’s representative, you hereby agree to keep any such information, including any and all Reports, confidential and not to share such information with any third party, except for each Child’s Parents and/or any additional third parties, expressly permitted, in advance and in writing, by each Child’s Parents. In such capacity, a Group Leader will be considered a co-controller of any Personal Information (as defined in the Privacy Notice) made available and/or provided and/or collected by the Group Leader (including through any Reports). Any processing, transfer, use and/or collecting of Personal Information in your capacity of co-controller shall be subject to the Data Sharing Agreement. You hereby represent and warrant that in your capacity of Group Leader, you will comply with all the terms of the Data Sharing Agreement, which is hereby incorporated by reference.

Creators

You may submit, post, record, upload or display User Content, only if you are authorized to do so and to permit our users to make use of the User Content as set forth in these Terms.  You are responsible at your sole cost and expense for creating backup copies and replacing any User Content that you post or store on the Services.  You may utilize TinyTap to communicate and connect within the Platform, content library, and related services, and to create content that you may use outside of TinyTap.  While we encourage free expression, all creations, profiles, and content should maintain a courteous tone.  Please be aware that the Services are intended to be used by individuals under the age of 13.  Accordingly, exercise common sense and your best judgment when you submit or post User Content or any other information.

When you create a Game (each such user creating a Game, a “Creator”), you may elect to assign such Game to a particular Group, submit such Game on the Platform as a public Game (not assigned to a Group), or if you are a TinyTap Premium Plan subscriber, make the Game only privately available, with or without any compensation, as applicable.

License

By posting any User Content, including a Game, whether you make it publicly available, private or only available to a Group on the Platform, or otherwise providing any information to TinyTap, including without limitation Games, drawings, photos, reviews, or other materials you submit to TinyTap through the Services, you hereby grant to TinyTap, its licensees, agents, and users, an irrevocable, worldwide, royalty-free, non-exclusive license to edit, copy, use, reproduce, publish, translate, modify, adapt, transmit, create derivative works from and distribute that User Content and information, as applicable, (in whole or in part) without any compensation , credit or obligation to you, subject to these Terms and the Privacy Notice. Such use must be non-commercial unless the owner of the User Content has given the authorization to make commercial use of User Content directly (for example, by agreeing to revenue sharing under TinyTap Premium Plans as described below and elsewhere on the Services).

By using the Services you acknowledge that TinyTap may use aggregate and/or anonymized data and information uploaded by users, including you to the Platform, including information relating to a Game and/or use thereof and/or of any other content available on the Platform for business, marketing, research and internal purposes, all in accordance with the Privacy Notice.

Except as expressly set forth in our Privacy Notice, we have no obligation of confidentiality with regard to your User Content and we will not be liable for any use or disclosure of any User Content you provide through the Services or otherwise.

Content Restrictions

Without limiting the foregoing, you agree that you will not transmit, submit or post any User Content that: (1) violates the legal rights of others, including defaming, abuse, stalking or threatening users; (2) infringes (or results in the infringement of) other rights of any third party; (3) is or in furtherance of (or you (should) reasonably believe to be) illegal, fraudulent, or unauthorized, counterfeiting, pirating, unauthorized, or violent activity, or that involves (or you (should) reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, unauthorized material or special categories of data; (4) does not comply with all applicable laws, rules and regulations; (5) publishes falsehoods or misrepresentations that may damage us or any third party; (6) imposes an unreasonably or disproportionately large load on our infrastructure; or (7) posts, stores, transmits, offers, or solicits anything that contains (or that you know contains links to) the following or to locations that in turn contain links to the following: (a) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), (b) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (c) pornography or obscene material, (d) any virus, worm, trojan horse, or other harmful or disruptive component or (e) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate or offensive.

Use Restrictions

You may not do or attempt to do any of the following: (1) attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Platform and/or Services without our prior written authorization, including framing or mirroring any part of the Platform and/or Services; (2) circumvent, disable, or otherwise interfere with security-related features of the Platform and/or Services or features that prevent or restrict use or copying of any Content; (3) use the Platform and/or Services in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) use any robot, spider, assessment search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Platform and/or Services; (5) use or access another user’s account or password without permission; (6) use the Platform and/or Services in any manner not permitted by these Terms, or (7) post, distribute or edit any User Content or links in violation of the requests or wishes of the individual that provided you with such User Content or links.

Fees and Payment

TinyTap Premium Plans

TinyTap is pleased to offer TinyTap Premium Plans.  Users who sign up for a TinyTap Premium Subscription Plan have unlimited access to a comprehensive collection of interactive educational lessons, creation packs and the ability to make their own User Content private so that other users may not engage with their User Content without permission. The benefits of a TinyTap Premium Plan are explained in detail on our subscription page.
TinyTap Premium Plans allow teachers to contribute educational User Content and earn revenue from their User Content.  You can learn about becoming a TinyTap Seller on our seller page.
Charges for TinyTap Pro Plans will be provided to you on the Services before you complete your purchase.

Subscription Terms

Where applicable, taxes may also be charged. TinyTap does not accept any responsibility for the calculation or collection of any applicable taxes. Except as expressly provided in these Terms, fees are non-refundable.

TinyTap Premium Revenue Sharing Program

Creators on our Platform may choose to sell their Games and other content via the TinyTap Premium Revenue Sharing Program (“Revenue Sharing Program”). You may participate in the Revenue Sharing Program by clicking the button marked “Sell Your Game” and completing the sale form available on our mobile application and website “Game” page. By submitting your Game to our Revenue Sharing Program, you agree to these Terms (including but not limited to ownership, User Content, indemnification, any representations and warranties made by you, and limitation of liability). TinyTap has no obligation to accept any Game to the Revenue Sharing Program.  Moreover, TinyTap reserves the right to remove any Game from the Revenue Sharing Program without notice and for any reason in its sole and absolute discretion.

TinyTap may elect, in its sole discretion, to enroll your Game in our Revenue Sharing Program. If you are not interested in participating in the Revenue Sharing Program, you may opt out on the “Account Settings” page of our website, available at TinyTap Premium Revshare program” in your account settings. By agreeing to these Terms, you hereby consent to the registration of any Game you create or upload to our Platform, and which you have made publically available, to the Revenue Sharing Program.

Creators participating in our Revenue Sharing Program may earn a share of the subscription revenue we collect from users playing their Game(s). After deducting all fees paid to third-party platforms or partners and our own operational and marketing costs, each Creator receives his or her proportional share of the subscription payments collected from each user that consumed their Games (including premium games and premium creation packs) during a particular month. If a particular user did not consume a Creator’s Game in a particular month, such Creator will not earn any share of the subscription revenue collected from that user during such period.

In order to distribute a particular user’s subscription revenue between various Creators, we use a credit system: a Creator receives one credit when (i) the user starts a Game, (ii) the user completes the Game, and (iii) the user consumes a premium creation pack. The sum of the credits earned by a Creator during a particular month represents his or her proportion of the subscription revenue earned from a particular user.

Third Party Applications and Services

Portions of the Platform and/or Services may involve linking to or using web sites belonging to third parties. The Platform may also provide you with links to access the sites of third-party vendors including, without limitation, for the purpose of reviewing or using their services. We have no control over third-party sites and/or mobile applications, and all use of third-party sites and/or mobile applications and services is at your own risk. Additionally, TinyTap cannot accept responsibility for any payments processed or submitted through such third party sites and/or mobile applications, or for the privacy policies of any such sites. TinyTap is not responsible for content or services available by means of such sites and/or mobile applications. TinyTap does not endorse any products or services offered by third parties and we urge our users to exercise caution in using third-party sites.

Intellectual Property

TinyTap, or as the case may be, its licensors, own the Site, Platform, Services, and all Content available therein, including all worldwide intellectual property rights in the Site, Platform and/or Services and the trademarks, service marks, and logos contained therein.  Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Site, Platform and/or the Services.  You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site, Platform or Services.  All trademarks are trademarks or registered trademarks of their respective owners.  Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of TinyTap or any third party.

TinyTap does not assert any ownership over any submitted User Content. Rather, subject to the rights granted to us in these Terms, you retain full ownership of all of your submitted User Content and any intellectual property rights or other proprietary rights associated with your submitted User Content.

By submitting or posting any User Content, you grant TinyTap and its successors a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of, display, and perform such User Content on, through or in connection with the Site, Platform and/or Services.

Copyright

The policy of TinyTap is not to infringe upon or violate the intellectual property rights or other rights of any third party, and TinyTap will refuse to use and remove any User Content in connection with the Platform that infringes the rights of any third party. Under the Digital Millennium Copyright Act of 1998 (the “DMCA“), TinyTap will remove any Content (including without limitation any User Content) if properly notified of that such material infringes third party rights, and may do so at its sole discretion, without prior notice to users at any time. The policy of TinyTap is to terminate the accounts of repeat infringers in appropriate circumstances.

You are in the best position to judge whether User Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with User Content. TinyTap will remove any Content (including without limitation any User Content) if properly notified of that such material infringes third party rights, and may do so at its sole discretion, without prior notice to users at any time.

If you believe that something appearing on the Site and/or Platform infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to us by contacting help @tinytap.it.

Disclaimers & Disclaimer of Warranty

Your use of the Platform and Services is at your sole discretion and risk. The Platform, Content, and Services are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. While we make reasonable efforts to provide Content that is informative and useful, we do not make any warranties or representations in respect of any Content. We do not represent or warrant that you will find the Services and/or any Content to be informative or useful for your own needs.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, PLATFORM, CONTENT (INCLUDING USER CONTENT), AND SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE PLATFORM AND/OR SERVICES; (II) THAT THE PLATFORM AND/OR SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE PLATFORM AND/OR SERVICES.

TinyTap makes no warranty that the Reports provided shall be useful to you and/or if you are the School, the Parents of the Child or the School. You and/or the School and/or the Parents or of the Child, as applicable, are solely responsible for any action you and/or the School and/or the Parents of the Child may take based on the Reports.  In making any decision you and/or the School and/or the Parents of the Child should take into account the possibility that information provided by the Reports may not correctly or accurately reflect current or future circumstances.

We are not responsible for any incorrect or inaccurate Content (including but not limited to User Content) posted on the Platform or in connection with the Services, or transmitted by any user, whether by a creator of a Game, User Content and/or Group, users of the Services or by any of the equipment or programming associated with the Services.  No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms.  If you choose to rely on such information, you do so solely at your own risk.  Some states or jurisdictions do not allow the exclusion of certain warranties.  Accordingly, some of the above exclusions may not apply to you.

We assume no responsibility for, and you shall not have any valid claim against TinyTap in relation to, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Platform, Content and/or Services. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any part of the Platform and/or Services, including any injury or damage to users or to any (individual’s) computer and/or mobile device related to or resulting from participation or downloading materials in connection with the Platform and/or Services.  Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Platform and/or Services, from any Content posted on or through the Platform and/or Services, or from the conduct of any users of the Platform and/or Services, whether online or offline.

Limitation of Liability

IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, CONTENT AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE PLATFORM OR THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR MAXIMUM CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE MONTHS PRECEDING THE APPLICABLE CLAIM. AS SUCH, IF YOU HAVE NOT PAID US ANY AMOUNTS, WE SHALL HAVE NO LIABILITY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless TinyTap and our employees, directors, officers, subcontractors and agents, against any and all claims, damages, costs or expenses (including attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer, mobile device or password; (b) any claim, loss or damage experienced from your use or attempted use of the Platform and/or the Services; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; (e) any data breach, violation of applicable privacy and data protection laws and regulations by you or anyone on your behalf, including but not limited, where applicable, breach of any of the terms of the Data Sharing Agreement, and (f) any other matter for which you are responsible hereunder or under law.

Territorial Restrictions  

The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject TinyTap to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that TinyTap provides.

Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Services may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Person’s List. By downloading any software related to the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

Miscellaneous

These Terms shall be governed by the laws of the State of Israel.  Any legal or equitable action of whatever nature by or against TinyTap arising out of or related in any respect to these Terms shall be brought only before the jurisdiction of the competent courts of Tel-Aviv, pursuant to any applicable Israeli laws pertaining to subject matter jurisdiction. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees.  Any cause of action against TinyTap must be brought within one (1) year of the date such cause of action arose.  In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect.  Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and TinyTap or enables you to act on behalf of TinyTap.  Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. You shall not be entitled to assign any of your rights hereunder to any third party. TinyTap may assign any and all rights hereunder to any third party.

Last Updated: May 2018

Privacy Policy

Privacy Notice

We at TinyTap Ltd. (“TinyTap” “us“, “we“, or “our“) recognize and respect the importance of maintaining the privacy of our customers. If not otherwise defined herein, capitalized terms have the meaning given to them in the Terms of Service (the “Terms“).  This Privacy Notice describes the types of information we collect from you or your Child when visiting our Platform and/or Site.  This Privacy Notice also explains how we may process, transfer, store and disclose the information collected, as well as your ability to control certain uses of the collected information.

TinyTap Ltd. is the data controller in respect of certain processing activities outlined in this Privacy Notice. Our registered office is Gershon Shatz 41, Tel Aviv, Israel and our registration number 51-481451-6.

If you are a Group Leader, you may receive or have access to certain Personal Information (as defined below) of other users (including Reports). Similarly, if you are a Parent, you may receive certain Personal Information relating to your Child’s use of the Platform. In such capacity, you will be considered a co-controller of any Personal Information made available and/or provided and/or collected by you and your collection, processing and transfer of any Personal Information as a co-controller is subject to the Data Sharing Agreement as can be found on our website.

“Personal Information” means any information that refers, is related to, or is associated with an identified or identifiable individual or as otherwise may be defined by applicable law.

Privacy Notice Key Points

The key points listed below are presented in further detail throughout this Privacy Notice. These key points do not substitute the full Privacy Notice.

Information We Collect

We collect information from you when you choose or permit a Child to use our Platform, Services and/or when you visit or use our Site.  In order to access certain services and content on our Platform, you will be required to register an account for yourself or on behalf of a Child and provide us with certain Personal Information. Registration of a Child is permitted only if you are such Child’s Parent or if you have obtained Parental Consent, in accordance with the Terms. We also collect Personal Information when you make use of the Platform and/or Site, request information from us, sign up for newsletters or our email lists, complete online forms, or contact us for any other reason. If you use the Platform or Site by logging in through any third-party login service, we may also receive Personal Information about you as provided or available by such third-party login service. Please check such third-party’s policies in order to understand what information we receive.

Examples of the Personal Information that we collect from you may include your or a Child’s name, birth year, your email address and other information regarding your and/or the Child’s use of and activity on the Platform, preferred language and age group, device location, language settings, and device type,  as well as certain user characteristics and preferences (such as whether a user is a teacher, Parent, Child, student or member of a particular class and/or School and/or Group). Such Personal Information may be collected by us through the Platform and/or Site.

Combining certain information, including information regarding your progress and/or participation in a Game and/or other Content available on the Platform may result in our collection of ‘special categories of data’ (as such term is defined in the Terms).

We also collect any materials including images, pictures, text, documents, audio recordings, comments, reviews, follows and likes, assignments, ratings,  photo’s or other User Content, you may provide, including when uploading a Game to the Platform and/or Site.

In addition, when you use the Platform and/or Site, certain information may be automatically gathered about your computer or mobile devices, such as operating system, device ID, device language, as well as your browsing history and any information regarding your viewing and user history on our Platform or Site.

It is your voluntary decision whether to provide us with any such Personal Information, but if you refuse to provide such information we may not be able to register you or your Child to the Platform and/or Services.

How We Use Your Personal Information

General

We and any of our trusted third-party subcontractors and service providers may use the Personal Information we collect from and about you for any of the following purposes: (1) to provide you with the Platform and Services; (2) to respond to your inquiries or requests, contact and communicate with you; (3) to develop new products or services and conduct analyses to improve our current content, products, and Services; (4) to provide you with customized content, subject to your consent as may be required under applicable law, targeted offers  on the Platform and/or Site, on other third-party sites or apps you may visit, or via e-mail; (5) to contact you with informational newsletters and promotional materials relating to our Platform or Services; (6) to review the usage and operations of our Platform, Services and/or Site; (7) to use your data in an aggregated, non-specific format for analytical purposes (as detailed below); (8) to prevent fraud, protect the security of our Platform, Services and/or Site, and address any problems with the Platform, Services and/or Site;(9) to provide customer support; (10) collect information for machine learning algorithms that helps us present better recommendations to you and (11) gather and present your or your child’s games performance reports.

Statistical Information

By analyzing all information we receive, including all information concerning users, we may compile statistical information across a variety of platforms and users (“Statistical Information“). Statistical Information helps understand trends and customer needs so that new products and services can be considered and so existing products and Services can be tailored to customer desires. Statistical Information is anonymous and aggregated and we will not link Statistical Information to any Personal Information. We may share such Statistical Information with our partners, without restriction, on commercial terms that we can determine in our sole discretion.

Analytics

We, or our service providers or subcontractors, may use analytics tools (“Tools“), including “Google Analytics” to collect information about the use of the Platform and/or Site. Such Tools collect information such as how often users visit the Platform and/or Site, what pages they visit when they do so, and what other sites and mobile applications they used prior to visiting the Platform and/or Site. We use the information we get from the Tools to improve our Platform, Site, and Services.  Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy as stated on their website.

Behavioral Remarketing

TinyTap ltd uses remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our Services.

Google AdWords

Google AdWords remarketing service is provided by Google Inc.

You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page.

Google also recommends installing the Google Analytics Opt-out Browser Add-on for your web browser.  Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page.

Facebook

Facebook remarketing service is provided by Facebook Inc.

You can learn more about interest-based advertising from Facebook on its website.

To opt-out from Facebook’s interest-based ads follow the instructions from Facebook on their website.

Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA, the Digital Advertising Alliance of Canada in Canada, or the European Interactive Digital Advertising Alliance in Europe, or opt-out using your mobile device settings.

For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy.

Pinterest

Pinterest remarketing service is provided by Pinterest Inc.

You can opt-out from Pinterest’s interest-based ads by enabling the “Do Not Track” functionality of your web browser or by following Pinterest’s instructions on their website.

You can learn more about the privacy practices and policies of Pinterest by visiting their Privacy Policy page.

Legal Uses

We may use your Personal Information as required or permitted by any applicable law.

Disclosure of Information

We may share your information, including Personal Information, as follows:

Business Partners, Service Providers, Affiliates, and Subcontractors

We may disclose information, including Personal Information we collect from and/or about you, to our trusted service providers, business partners, affiliates and subcontractors, who may use such information to: (1) help us provide you with the Platform, Services and/or Site; and (2) aid in their understanding of how users are using our Platform, Services and/or Site.

Disclosure to Group Leaders

If you are a Group Member, we may disclose information (including Personal Information) regarding your activity on the Platform and/or Site to the Group Leaders, as well as to any third party to whom you request we provide such information. If you are a Child, we will disclose or give access to your Personal Information to your Parent, and if we have received Parental Consent, to a Group Leader.

International Transfer

We may use subcontractors and service providers and have business partners and affiliates who are located in countries other than your own and send them the information we receive (including Personal Information). We will ensure that these third parties will be subject to written agreements ensuring the same level of privacy and data protection as set forth in this Privacy Notice. You hereby consent to such international transfer.

Business Transfers

We may transfer our databases containing your Personal Information if we sell our business or part of it, including in cases of liquidation. Information about our users, including Personal Information, may be disclosed as part of, or during negotiations of, any merger, sale of company assets or acquisition and shall continue being subject to the provisions of this Privacy Notice.

Law Enforcement Related Disclosure

We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, behavior or (digital) content and information of or related to an individual, including in the event of any user suspected to have engaged in illegal or infringing behavior. We may also share your Personal Information with third parties: (i) if we believe in good faith that disclosure is appropriate to protect our rights, property or safety (including the enforcement of the Terms and this Privacy Notice); (ii) to protect the rights, property or safety of third parties; (iii) when required by law, regulation subpoena, court order or other law enforcement related issues; or (iv) as is necessary to comply with any legal and/or regulatory obligation. You can request such Personal Information as specified herein by emailing us at help @tinytap.it.

Other Uses or Transfer of Your Information

We allow you to use our Platform and/or Site in connection with third-party services, sites, and/or mobile applications. If you use our Platform and/or Site with or through such third-parties, we may receive information (including Personal Information) about you from those third parties. Please note that when you use third-parties outside of our Platform and Site, their own terms and privacy policies will govern your use of those services.

How We Protect Information

We make efforts to follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

How to Access and Limit Our Use of Certain Information

You have certain rights in relation to the Personal Information that we hold about you, as detailed below. We reserve the right to ask for reasonable evidence to verify your identity before we provide any information and/or comply with any of your requests, as detailed below:

Data Retention

We retain information as necessary for the purposes set forth above. We may delete information from our systems, without notice to you, once we deem it is no longer necessary for the purposes set forth in this Privacy Notice.

Cookies and Similar Technologies

What are Cookies?

A cookie is a small piece of text that is sent to a user’s browser or device. The browser provides this piece of text to the device of the originating user when this visitor returns.

We may use the terms “cookies” to refer to all technologies that we may use to store data in your browser or device or that collect information or help us identify you in the manner described above.

How We Use Cookies

TinyTap uses cookies and similar technologies for a number of reasons, for example, in order to help personalize your experience and to help personalize the ads we serve you.

The specific names and types of the cookies, web beacons, and other similar technologies we use may change from time to time. However, the cookies we use generally fall into one of the following categories:

Type of Cookie Why We Use These Cookies
Necessary These cookies are necessary in order to allow the Site, Platform and Services work correctly. They enable you to access the site, move around, and access different services, applications, and tools. Examples include remembering previous actions (e.g. entered text) when navigating back to a page in the same session. These cookies cannot be disabled.
Functionality These cookies remember your settings and preferences and the choices you make (such as language or regional preferences) and help us personalize your experience and offer you enhanced functionality and content.
Security These cookies can help us identify and prevent security risks. They may be used to store your session information to prevent others from changing your password without your login information.
Performance These cookies can help us collect information to help us understand how you use our Site and/or Platform, such as whether you have viewed messages or specific pages and how long you spent on each page. This helps us improve the performance of our Services.
Analytics These cookies help us learn more about which features are popular with our users and how our Services can be improved.
Advertising These cookies are placed in order to deliver content, including ads relevant and meaningful to you and your interests. They may also be used to deliver targeted advertising or to limit the number of times you see an advertisement. This can help us track how efficient advertising campaigns are, both for our own Services and for other websites.

How to Adjust Your Preferences

Most Web browsers are initially configured to accept cookies, but you can change this setting so your browser either refuses all cookies or informs you when a cookie is being sent. In addition, you are free to delete any existing cookies at any time. Please note that some features of the Services may function improperly when cookies are disabled or removed.

Adjusting your preferences as described in this section herein does not mean you will no longer receive advertisements, it only means the advertisement you do see will be less relevant to your interests.

Third Party Cookies

We use the following third-party cookies:

Third-Party Applications and Services

All use of third-party applications or services is at your own risk and subject to such third party’s privacy policies.

Communications

Subject to your consent and applicable law, we may send you e-mail or other messages and/or a newsletter about us or our Platform and/or Services. You may remove your Personal Information from our mailing list and stop receiving future communication from us by following the UNSUBSCRIBE link located at the bottom of each communication or by emailing us at help @tinytap.it.  You will also be given the opportunity to unsubscribe from commercial messages and service-related communications in any such e-mail or message we send, as well as through your account settings on the Platform.

Children

We collect personally-identifiable information from children under the age of sixteen (16) only subject to Parental Consent. In the event that you become aware that an individual under the age of sixteen (16) has enrolled without Parental Consent, please advise us immediately.

Changes

When creating a sub account, you shall be asked to accept the terms of this Privacy Notice on your behalf or on behalf of your / a Child (for the avoidance of doubt, if you are not a Parent and you accept the Privacy Notice on behalf of a Child, you represent and warrant that you have obtained consent from the Child’s Parent to accept this Privacy Notice on the Parent’s behalf. If you do not agree with the terms hereof, please do not use or permit your Child to use the Platform and/or Site.  We may update this Privacy Notice from time to time – in which case, we shall notify you of such changes. We will post the updated Privacy Notice on this page. Please come back to this page every now and then to make sure you are familiar with the latest version. Any new Privacy Notice will be effective from the date it is accepted by you.

Comments and Questions

If you have any comments or questions about our privacy policy, or if you wish for us to amend or delete your Personal Information, please contact us at help @tinytap.it.

  1. Notice to California Residents: Your California Privacy RightsIf you are a California resident, you have the right to receive: a) information identifying all third-party companies to which we may have disclosed, within the past year, personal information pertaining to you for those companies’ direct marketing purposes; and b) a description of the categories of personal information disclosed. To obtain such information, please email your request to help @tinytap.it. 
    We do not respond to Do Not Track signals at this time.

Last updated: May 2018