Terms and Conditions

Terms of Use

Thank you for using TinyNest! These Terms of Use (the “Terms”) govern your access to and use of our services, client software, and websites (collectively, the “Services”). By using our Services, you agree to be bound by these Terms and acknowledge our Privacy Policy and Terms of Use. If you are using our Services on behalf of an organization, you agree to these Terms for that organization.

1. Your Content & Your Permissions

Your Content.
When you use our Services, you provide us with various materials—such as files, images, videos, email communications, contacts, and other content (“Your Content”). Your Content remains your property. These Terms do not grant us any rights to Your Content beyond the limited rights necessary to provide and support the Services.

Permissions.
We require your consent to perform tasks like hosting, backing up, and sharing Your Content when you request it. Additionally, our Services offer features including photo and video storage, diaries, easy sorting, editing, sharing, and search functionality. To deliver these features, our systems may need to access, store, and scan Your Content. By using our Services, you grant us permission to perform these tasks, and such permission extends to our affiliates and trusted third-party partners.

2. Sharing Your Content

Our Services enable you to share Your Content with others. Please consider carefully what you choose to share, as the information you make public may be broadly disseminated.

3. Your Responsibilities

You are solely responsible for your actions and the content you provide, and you must comply with these Terms. Content on the Services may be protected by the intellectual property rights of others, so please do not copy, upload, download, or share any content unless you have the necessary rights. While we reserve the right to review your conduct and content for compliance, we are not obligated to monitor or enforce these provisions. It is your responsibility to safeguard your account password, prevent unauthorized access, and keep your account information up to date.

4. Software

Some aspects of our Services allow you to download client software (“Software”), which may be updated automatically. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Software solely to access the Services. If any component of the Software is provided under an open source license, that license will be made available to you, and its provisions may override these Terms where applicable. Except as otherwise prohibited by law, you agree not to reverse engineer, decompile, or disassemble the Services, nor to assist any third party in doing so.

5. Intellectual Property and Our Content

The Services are protected by copyright, trademark, and other applicable laws. These Terms do not grant you any right, title, or interest in the Services, in content provided by others through the Services, or in any associated brand features. We welcome your feedback and suggestions; however, please note that we may use them without any obligation or compensation to you.

6. Copyright

We respect the intellectual property rights of others. We adhere to a policy of responding to valid notices of copyright infringement in accordance with applicable law, and such notices should be submitted in accordance with our Copyright Policy. We reserve the right to remove or disable access to content alleged to be infringing and to terminate the accounts of repeat infringers. Our designated agent for receiving copyright infringement notices is identified in our Copyright Policy.

7. Paid Accounts

Free Trial.
We offer a one-month trial period at no cost. You will not incur charges during this trial, and we will notify you before it expires.

Billing.
You may upgrade your account to a “Paid Account” to increase your storage capacity and access additional features. Billing begins on the date your account is upgraded and recurs on each renewal period until cancellation. You are responsible for all applicable taxes, which will be applied when required.

No Refunds.
You may cancel your TinyNest Paid Account at any time; however, refunds will not be issued unless legally required.

Downgrades.
Your Paid Account will remain active until you cancel or it is terminated under these Terms. If you fail to pay on time, we reserve the right to suspend your account or require you to migrate data and reduce your storage to free account levels.

Fee Changes.
We may adjust our fees from time to time but will provide advance notice of any changes via the email address associated with your account.

8. Termination

You are free to stop using our Services at any time. We also reserve the right to suspend or terminate your access to the Services, in whole or in part, at our discretion and without notice. For example, we may suspend or terminate your access if you do not comply with these Terms, or if your use creates legal liability, disrupts the Services, or interferes with other users.

TinyNest provides a certain amount of free cloud storage space for users. To optimize cloud storage resources, TinyNest reserves the right to terminate your cloud storage services and delete all content stored in your cloud space if you do not log in for 12 consecutive months and are not a Premium user. In such cases, you will be solely responsible for any resulting losses, including but not limited to file or data deletion.

9. Services "AS IS"

Your use of the Services is entirely at your own risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis without any warranties, either express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or performance. Where applicable law does not allow for these disclaimers, such limitations may not apply to you.

To ensure smooth playback across various devices (such as Android, iPhone, Mac, computers, and browsers), TinyNest may transcode (compress) the photos and videos you upload. This process might reduce the clarity of your content. By using TinyNest, you acknowledge and agree to this transcoding process.

10. Limitation of Liability

To the maximum extent permitted by law, except in cases involving fraud, fraudulent misrepresentation, or gross negligence by TinyNest or its affiliates, TinyNest shall not be liable for:

• (a) any indirect, special, incidental, punitive, exemplary, or consequential damages, or
  
  

• (b) any loss of use, data, business, or profits, regardless of the legal theory.
  
  

This limitation applies even if TinyNest or its affiliates have been advised of the possibility of such damages or if a remedy fails in its essential purpose.

11. Resolving Disputes

Informal Resolution.
We encourage you to contact us at contact@tinynestai.com to address any concerns or disputes before initiating formal legal proceedings. By using our Services, you agree to attempt to resolve any dispute informally through email communication with us.

12. Waiver, Severability, and Assignment

TinyNest’s failure to enforce any provision of these Terms shall not constitute a waiver of its right to enforce that provision later. If any provision is found to be unenforceable, the remaining provisions will remain in full force, and an enforceable provision that most closely reflects our intent will replace the unenforceable provision. You may not assign any rights under these Terms; any such attempt will be void. TinyNest may assign its rights to any of its affiliates, subsidiaries, or any successor entity related to the Services.

13. Modifications

We reserve the right to update or modify these Terms at any time. The most current version will always be posted on our website. If any revision substantially diminishes your rights, we will notify you (for example, via email, on our blog, or on this page). Your continued use of or access to the Services after such changes indicates your acceptance of the revised Terms.