Last updated: June 5, 2023.
Please read these terms of use carefully before using our software.
The purpose of these terms of use ("Terms of Use") is to define:
Prior to using any of the Features, you must expressly accept these Terms of Use. By accessing or using the Features in any way, you expressly confirm your full and final acceptance of these Terms of Use.
You also agree that personal data and electronic communications provided on the Site or through the use of the Features will be processed in accordance with our privacy policy, which is available via the link https://tiny-chat.com/legal/data.
We reserve the right, at our sole discretion, to modify or replace the Terms of Use at any time. The most current version of the Terms of Use will be posted on the Site. It is your responsibility to review such modifications.
By continuing to use all or part of the Features, you are deemed to have accepted all modifications and revisions to the Terms of Use.
Unless otherwise stated in these Terms of Use or on the Site, the Site is operated, the License is granted, and the Features are offered by Trisolaris Technologies, a simplified joint-stock company with its registered office at 6 rue d'Entraigues, Tours (37000), registered with the Trade and Companies Register of Tours under the number 948 266 044 ("Trisolaris Technologies," "we," "our").
To use the Features, you must first register with Trisolaris Technologies by creating a user account (the "User Account" or "account"). You must provide payment details during registration to start your trial period.
All information requested from you in connection with your registration must be accurate and complete. If for any reason we have reason to believe that any information may not be accurate or complete, we may refuse to grant you access to the Site or any of its features, refuse to create an account for you, terminate it, or suspend it.
You may only have one User Account at a time. You are not authorized to use the Features or create an account on behalf of anyone other than yourself. You are also not authorized to act as a broker, agent, or intermediary of any kind.
You are responsible for the confidentiality of your account password and the safekeeping of your credentials. You agree to keep your information and passwords confidential, not disclose them to third parties, and immediately notify Trisolaris Technologies of any unauthorized access to your account or any security breach. Trisolaris Technologies cannot and will not be held responsible for any loss or damage resulting from your failure to fulfill your obligations under this paragraph.
You must not provide false or misleading information. Providing false information on your account is strictly prohibited and may result in the termination or suspension of your account.
To ensure that Tiny Chat remains a secure platform for all our users and to comply with applicable laws, we may need to verify your identity to access the Features we offer.
Termination by Trisolaris Technologies.
Trisolaris Technologies may, at any time and without liability, terminate, suspend, or limit your use of the Features if:
No payment, compensation, or damages of any kind are owed to you by Trisolaris Technologies due to the suspension, termination, or limitation of your use of the Features for a violation of the Terms of Use.
Our rights to suspend, limit, and terminate under these Terms of Use are without prejudice to any other rights or remedies available to us (whether under the Terms of Use or under applicable legislative and regulatory provisions).
Termination by the User.
You have the option to terminate your subscription to the Features under different conditions depending on whether your membership was based on a monthly or annual basis.
Monthly Subscription: In the event that the price of the Features is paid on a monthly basis, the termination becomes effective from the first day following the monthly period in which the termination was notified on the Site. For example, if a subscription is taken out on April 10 and the termination is notified on May 15, the termination becomes effective on June 10.
Annual Subscription: In the event that the price of the Features is paid on an annual basis, the termination becomes effective from the first day following the relevant annual period. For example, if a subscription is taken out on January 1, 2021, and the termination is notified on August 15, 2021, the termination becomes effective on January 1, 2022.
Access to the Features and the License remains in effect until the effective date of termination. As the acceptance of the Terms of Use is for a specific duration, either monthly or annual, no refund of the price of the Features, whether paid on an annual or monthly basis, will be granted.
You are not entitled to rely on your own violation of the Terms of Use, including the inaccuracy of one or more of your statements, to request early termination of the Features.
Consequences of Termination.
You will no longer be authorized or able to use the Features and benefit from the License, and you must pay the price for the Features if it has not been fully paid for the period preceding the effective date of termination.
From the effective date of termination, (a) all License rights granted under the Terms of Use before termination will be immediately terminated, and you must immediately cease all use of the Tiny Chat Software; (b) you will be required to delete all copies of the Tiny Chat Software from your computers and return any Confidential Information obtained in connection with the performance of the Features.
You expressly acknowledge and agree that the use of the Services is entirely at your own risk. The Features and access to the Site are provided on an "as-is" and "as-available" basis, without any warranty of any kind, whether express or implied, including, without limitation, any warranty of fitness for a particular purpose, suitability for your needs, adaptability to the evolution of your business, or its specific requirements.
You expressly acknowledge and agree that we have no control over, and no obligation to take any action with respect to, the following: which users have access to or use the Features; what effect the content of the Site may have on your business; how you are likely to use the content of the Site and the Features, or what actions, particularly with regard to your customers, you may take as a result of accessing the content of the Site.
We do not guarantee that access to the Site and the Features will be continuous, uninterrupted, updated, or secure. You expressly acknowledge and agree that the Site and the Features may (a) contain bugs, errors, and defects; (b) not function properly or be subject to periods of failure or inaccessibility; (c) lead to the total or partial loss or corruption of data; and (d) be modified from time to time, including through subsequent versions, with or without notice to the User.
You expressly acknowledge and agree that Trisolaris Technologies shall not be liable in any way for any loss, damage, or harm resulting from your failure to fulfill your obligations under these terms.
You expressly acknowledge and agree that you assume full responsibility for your use of the Site and the Features. You expressly acknowledge and agree that any information you send or receive during your use of the Site and the Features may not be secure and may therefore be intercepted or accessed by unauthorized parties.
You expressly acknowledge and agree that your use of the Site and the Features is at your sole risk, with the understanding that the Tiny Chat Software may be defective or vulnerable, thereby exposing your information systems to the risk of intrusion or corruption.
You undertake to ensure the security of systems, programs, and data and acknowledge that you are solely responsible for the configuration of your computer hardware, programs, and platforms used to access the Features.
You acknowledge that you are solely responsible for the use of the Features, including any statements or information communicated via the chat that violate applicable laws or regulations.
In particular, you agree not to:
Finally, you acknowledge and agree that neither Trisolaris Technologies nor its suppliers or licensors shall be liable to you for any direct, indirect, or any other type of damages, including but not limited to material losses, profits, customers, use, data, or any other contractual, tortious, or other losses (even in cases where Trisolaris Technologies has been informed of the possibility of such damages), resulting from:
If, despite the foregoing, Trisolaris Technologies were to be held liable by a court, for any reason whatsoever, you expressly agree that its total liability shall be strictly limited to the price of access to the Features that has been billed to you in the twelve (12) months preceding the date of the initiating legal action.
You expressly agree to indemnify and hold harmless Trisolaris Technologies and third-party service providers, as well as their officers, directors, agents, joint ventures, employees, and representatives, from any demand or claim (including attorney's fees and any costs, fines, penalties imposed by a regulatory authority) arising out of or related to (a) your breach of the Terms and Conditions; (b) your use of the Features; and (c) your violation of any law or regulation in any jurisdiction or any third-party rights.
Trisolaris Technologies grants you a limited, non-exclusive, non-transferable, non-sub-licensable license for the duration of your subscription to the live chat software developed by Trisolaris Technologies (the "Tiny Chat Software") and its updates (the "License") to use, install, and run the licensed Tiny Chat Software solely for your own professional needs.
The License is subject to regular payment of the price for accessing the Features, as mentioned in Article 3.4.
You acknowledge and agree that the Tiny Chat Software, including its sequence, structure, organization, and source code, constitutes valuable intellectual property rights, including copyrights, trademarks, service marks, trade secrets, patents, patent applications, contractual rights of confidentiality, or any other intellectual property or exclusive rights, owned by Trisolaris Technologies or its suppliers.
The Tiny Chat Software is licensed, not sold, and no title or ownership of the software or the intellectual property rights therein is transferred under the Terms and Conditions or any other agreement.
The Tiny Chat Software remains the exclusive property of Trisolaris Technologies, and all rights, titles, and interests in and to the Tiny Chat Software not expressly granted to the Client under the Terms and Conditions are reserved to Trisolaris Technologies.
No provision of these Terms and Conditions shall be deemed to grant, by implication, estoppel, or otherwise, a license under existing or future patents. You acknowledge and agree that, in the course of providing the Features, Trisolaris Technologies may create other software and other works of authorship that Trisolaris Technologies shall fully own.
The term "Confidential Information" refers to any information disclosed by one party (the "Discloser") to the other party (the "Recipient") in connection with the access or use of the Features, whether disclosed in writing or orally and identified as "Confidential" or which, under the circumstances surrounding its disclosure, should be reasonably regarded as confidential by the Recipient.
Notwithstanding the foregoing, any information, in any form, disclosed by Trisolaris Technologies concerning the Tiny Chat Software and not known to the public shall be considered "Confidential Information" of Trisolaris Technologies.
The Recipient shall treat all Confidential Information received from the Discloser as confidential, shall not use such Confidential Information except with the prior written authorization of the Discloser, and shall not disclose such Confidential Information to any third party without the prior written consent of the Discloser, provided that the Recipient may disclose such Confidential Information to its employees and contractors on a need-to-know basis, subject to their commitment to abide by the confidentiality agreement entered into with the Discloser.
The Recipient shall be responsible for all acts and omissions of its employees and contractors to the extent that such acts or omissions would constitute a breach of the Terms and Conditions if committed by the Recipient.
Notwithstanding the foregoing, the restrictions in this Article shall not apply to information that:
However, in such cases, the Recipient shall promptly notify the Discloser and make reasonable efforts to prevent the public disclosure of such information.
Upon the Discloser's request, the Recipient shall return the originals, copies, reproductions, and summaries of the Confidential Information and all other tangible materials and devices provided to the Recipient as Confidential Information, or, at the Discloser's option, certify their destruction.
The Site may provide links to other websites, applications, or resources. As Trisolaris Technologies has no control over these external websites, applications, or resources, you expressly acknowledge and agree that Trisolaris Technologies is not responsible for the availability of these external websites, applications, and resources, and it cannot be held liable in any way for any content, advertisements, products, or other materials available on or through these websites or resources.
These General Conditions and all rights, obligations, and the License granted herein are limited, revocable, non-exclusive, personal to you, and therefore cannot be transferred, assigned, or delegated by you to any third party without our written consent.
Trisolaris Technologies may transfer, assign, or delegate its rights and obligations under the General Conditions without restriction and for the benefit of any party. Any attempt to transfer or assign in violation of these provisions shall be null and void.
Unless otherwise stated herein, the General Conditions (as amended, if applicable), and any document expressly referred to therein constitute the entire agreement between the parties and supersede any prior agreements, promises, assurances, warranties, representations, undertakings, or arrangements, whether written or oral, relating to the subject matter of the General Conditions.
No oral explanation or information given by either party shall alter the interpretation of the General Conditions. By accepting the General Conditions, you confirm that you have not relied on any statement or information not expressly included in these terms.
These General Conditions shall be deemed severable, and the invalidity, nullity, or impossibility of performance of any of its provisions shall not affect the validity and enforceability of the General Conditions.
Furthermore, the provision deemed illegal or unenforceable shall be modified and interpreted to accomplish the objectives of the initial provision to the fullest extent permitted by applicable law.
These General Conditions are concluded in the French language, and all communications, including notifications and information, must be provided in French.
The failure to enforce or the delay in enforcing any provision of the General Conditions by either party shall not be considered a waiver of any other rights under the General Conditions.
By using the Features, you agree that we may send you notifications and other communications, including marketing communications, related to your use of the Features via email (to the address you provide), SMS message, or telephone call (to the number you provide), or by posting on the Site.
For notifications sent by email, the date of receipt shall be deemed to be the date on which the notification is transmitted. You will always have the option to unsubscribe from receiving marketing content from us.
Notifications addressed to us must be sent electronically to: contact@tiny-chat.com
The section and article headings are inserted for informational and convenience purposes only and shall not affect the interpretation of the provisions of the General Conditions.
These General Conditions and the rights and obligations of the parties contained herein or in connection with their performance shall be governed and interpreted in accordance with French law.
In the event of any dispute arising between the User and Trisolaris Technologies relating to the conclusion, interpretation, and performance of these General Conditions, the parties shall attempt to reach an amicable agreement.
In the absence of an amicable agreement, all disputes arising from or related to the General Terms and Conditions shall be submitted to the jurisdiction of the Commercial Court of Tours.