1. Introduction

These Terms and Conditions (“Terms”) govern the use of Tinyspace, an online portfolio, resume builder, and AI products and services (“Service”) provided by Tiny Design & Co. Pty Ltd. (“Company”) to you (“Subscriber” or “you”).

2. Acceptance of Terms

By accessing and using Tinyspace, you agree to be bound by these Terms. If you do not agree with these Terms, you should not use the Service. The Company reserves the right to modify or update these Terms at any time without prior notice. Your continued use of the Service after any changes to the Terms constitutes your acceptance of such changes.

3. Privacy

You agree that you have read, understood, and accepted our privacy policy. This policy explains our collection of personal and non-personal information from you when using the platform and its use of and sharing of such personal and non-personal information.

4. Subscription and Payment

Tinyspace is available through subscription, which can be purchased on our website or other online platforms. By subscribing, you authorize the Company to charge your chosen payment method on a monthly or yearly basis, depending on the subscription plan you select.

5. Cancellation and Refunds

You may cancel your subscription at any time, but please note that we do not provide refunds for any unused portion of your subscription. To cancel your subscription, please visit your account settings on the Tinyspace website.

6. Use of the Service

Tinyspace is intended for personal and non-commercial use only. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all applicable laws and regulations in your use of the Service.

7. Restrictions

You may not use Tinyspace to do any of the following:

Post or upload any content that is unlawful, defamatory, obscene, or otherwise objectionable.

Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

Use any automated system, including without limitation “robots,” “spiders,” or “offline readers,” to access the Service.

Interfere with or disrupt the Service or servers or networks connected to the Service.

Attempt to gain unauthorized access to the Service or computer systems or networks connected to the Service.

8. Eligibility and registration

Eligibility Requirements: Before you use our Services, you must ensure that such use is in compliance with all Laws applicable to you. Your right to access the Services is revoked to the extent your use thereof is prohibited or to the extent our provision thereof conflicts with any applicable law, rule, or regulation. If your account has previously been removed from using the Services, you are not eligible to create a new Account to access the Services. You are responsible for making these determinations before using the Services.

Age Requirement for Users: The Services are not targeted towards, nor intended for use by, anyone under the age of majority in any jurisdiction. By using the Services, you represent and warrant to us that you are 18 years of age or older or at least the age of majority in the jurisdiction where you are located.

9. User Content

Tinyspace allows you to create, upload, and publish your own content, including but not limited to resume details, case studies, prototypes, images, videos, examples of design work, PDF documents, and personal information (“User Content”). You represent and warrant that you have all necessary rights to use and publish the User Content, and that the User Content does not infringe any third-party rights or violate any applicable laws. You retain all rights to your User Content, subject to the license you grant to the Company below.

Your Data Compliance Obligations: You represent and warrant to us that:

• you have obtained all necessary rights, releases, consents, and permissions to submit all Your Content in connection with the Services and to grant the rights granted to us in these Terms, including obtaining any necessary consents required by applicable Laws to process and control Your Content for the purposes contemplated by these Terms;
• you have provided any legally required privacy notices to end users of your products or services that use our Services, including ensuring such notices include accurate and complete disclosures concerning the processing activities contemplated by these Terms that comply with applicable Laws;
• you have obtained any required verifiable parental consent under the Children’s Online Privacy Protection Act (COPPA) or similar Laws; and
• Your Content and its submission and use as you authorize in these Terms does not contain any Malicious Code and will not violate (i) any Laws (ii) any third-party intellectual property, privacy, publicity, or other rights, or (iii) any of your or any third party’s policies or terms governing Your Content. We assume no responsibility or liability for Your Content, and you are solely responsible for Your Content and the consequences of submitting and using it with the Services.

Feedback: If you provide any Feedback to us concerning the functionality or performance of the Services (including identifying potential errors and improvements), you hereby assign to us all rights, title, and interest in and to the Feedback, and Tinyspace is free to use such Feedback without payment or restrictions.

Trademarks: You grant us permission to include your name, logos, and trademarks in our promotional and marketing materials and communications.

10. Copyright Infringement

If you believe that any content on Tinyspace infringes your copyright, please notify us in writing by emailing hello@tinyspace.com. We will respond to any valid requests as quickly as possible.

11. Security

The Company takes the security of your personal information seriously and implements reasonable measures to protect your information from unauthorized access, disclosure, alteration, or destruction. However, the Company cannot guarantee that the Service will be completely secure at all times.

12. GDPR Data Processing

We are in compliance with the General Data Protection Regulation (EU) 2016/679. Suppose you are in the EU, UK, or Switzerland or are otherwise subject to the territorial scope of Regulation (EU) 2016/679 (General Data Protection Regulation) or equivalent legislation in the UK or Switzerland.

Security Incidents: You will notify us if and when you learn of any security incidents or breaches affecting the Services, including unauthorized access to your Account or Account credentials. You will aid in any investigation or legal action that is taken by authorities and/or us to investigate and cure the security incident or breach to the extent caused by your Account or your use of the Services.

13. Confidentiality

Definition: To the extent you receive or possess any nonpublic information from us that is designated confidential or, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential, such information is our “Confidential Information” and must be handled according to these Terms. Confidential Information includes but is not limited to (a) nonpublic, confidential, proprietary, or competitively sensitive information, including information about our technology, customers, business plans, marketing and sales activities, finances, operations, and other business information; and (b) the existence and content of our discussions or negotiations with you regarding your Account and/or use of the Services. Confidential Information does not include any information that: (i) is or becomes publicly available without breach of these Terms; (ii) can be shown by documentation to have been known to you at the time of your receipt of such information from us; (iii) is received from a third party who did not acquire or disclose the information by a wrongful or tortious act or by violating the rights of us or third parties; or (iv) can be shown by documentation to have been independently developed by you without reference to our Confidential Information.

Confidentiality Obligations: You may not use Confidential Information except in connection with your use of the Service as permitted under these Terms or as separately authorized in signed writing by us. You agree to not disclose Confidential Information (i) during the Subscription Term, or (ii) after you cease using the Services and these Terms otherwise no longer apply. You will take all reasonable measures to avoid disclosure or unauthorized use of Confidential Information, including at least the measures you take to protect your confidential information of a similar nature.

14. Indemnity

You agree to indemnify and hold the Company, its affiliates, directors, officers, employees, agents, and licensors harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your use of the Service or your User Content.

15. Intellectual Property

All content and materials available on Tinyspace, including but not limited to text, graphics, logos, images, and software, are the property of the Company or its licensors, and are protected by intellectual property laws. You may not use any content or materials on Tinyspace for any purpose without the prior written consent of the Company.

Notwithstanding the above, you retain ownership of all intellectual property rights in your User Content. By uploading or publishing your User Content on Tinyspace, you grant the Company a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, reproduce, modify, display, distribute, and prepare derivative works of your User Content for the purpose of operating, promoting, and improving Tinyspace. The Company will not use your User Content for marketing purposes without your prior consent.

16. Disclaimer of Warranties

Tinyspace is provided “as is” and the Company makes no representations or warranties of any kind, whether express, implied, or statutory, with respect to the Service. The Company disclaims all warranties, including without limitation any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

17. Limitation of Liability

The Company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with these Terms or the use of Tinyspace. This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Company has been advised of the possibility of such damages.

18. Governing Law and Dispute Resolution

These Terms and your use of Tinyspace are governed by and construed in accordance with the laws of the state of Victoria, Australia, without giving effect to any principles of conflicts of law. Any dispute arising out of or in connection with these Terms or the use of Tinyspace shall be resolved through arbitration in accordance with the Commercial Arbitration Rules of the Australian Centre for International Commercial Arbitration (ACICA). The language of the arbitration shall be English.

19. Temporary Suspension

Suspension: We may suspend your right to access or use any portion of the Services immediately upon notice to you if we determine: (a) you or your End User’s use of the Services (i) poses a security risk to the Services or any third party; (ii) could adversely impact our systems, the Services or the systems or content of any other of our customer; (iii) could subject us, our affiliates or any third party to liability; or (iv) could be fraudulent; (b) you are, or any End User is, in breach of these Terms; (c) you are in breach of your payment obligations or (d) you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.

Effect of Suspension. If we suspend your right to access or use any portion or all of the Services: (a) you remain responsible for all fees and charges you incur during the period of suspension; and (b) you will not be entitled to any service credits under any service level agreements for the period of the suspension.

20. Termination

The Company may terminate your access to Tinyspace at any time, without prior notice and without liability. Upon termination, all rights and licenses granted to you under these Terms will immediately terminate.

21. Force Majeure

We will not be liable for failure or delay in performing any of the Services to the extent that such failure or delay is due to causes beyond the reasonable control of Tinyspace such as acts of God, fire, strikes, embargo, terrorism, and regulatory governmental agencies.

22. General

These Terms constitute the entire agreement between you and the Company and govern your use of Tinyspace. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of the Company to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

23. Waiver, Severability & Assignment

Tinyspace failure to enforce a provision of these Terms is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. We may assign its rights to any of its affiliates or subsidiaries, or any successor in interest of any business associated with the Services.

 

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GDR Rules: 

Collecting consent – Organizations must obtain clear affirmative consent from data subjects for processing their personal data, through a clear affirmative act. The request for consent must be intelligible and easily accessible.

Data subject rights – This includes the right to access one’s data, the right to rectification of inaccurate data, the right to erasure/right to be forgotten, the right to restrict processing, the right to data portability, and the right to object to processing.

Data minimization – Personal data collected and processed must be limited to what is necessary in relation to the purposes for which it is processed.

Storage limitation – Personal data can only be kept in a form that permits identification of the subjects for as long as necessary for the purposes for which it was collected.

Security safeguards – Appropriate technical and organizational measures must be implemented to ensure a level of security appropriate to the risks, such as pseudonymization, encryption, system resilience, backups, and regular security testing.

Data protection by design/default – Data protection principles must be built into systems and business processes from the ground up, ensuring data protection safeguards are implemented by default.