1. Introduction: PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A BINDING CONTRACT. Welcome to Tiny Friends and the services operated by d4pro GmbH (“Tiny Friends” or “We”) consisting of the websites, software applications, or any other products or services offered by Tiny Friends ( in sum “Tiny Friends Software & Services”). The Terms of Service apply whether you are a user that registers an account with Tiny Friends Software & Services or an unregistered user. You agree that by registering, downloading, accessing, or using Tiny Friends Software & Services, you are entering into a legally binding agreement between you and Tiny Friends regarding your use of the Tiny Friends Software & Services. You acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or otherwise use any of Tiny Friends Software & Services.
These TERMS OF SERVICE apply both to consumers and to entrepreneurs within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz "KSchG").
Insofar as reference is made to "consumer" in this TERMS OF SERVICE, these are natural persons in accordance with the applicable legal definition of consumers, such as at present for whom the purpose of using the services offered on the Platform or the purpose of using the App cannot be attributed to a commercial, independent of freelance activity, i.e. a transaction with TRALITY is not part of the operation of their business.
Insofar as these TERMS OF SERVICE refer to "entrepreneurs", these are persons to whom the respective definition of consumer does not apply, such as currently, a natural or legal person or partnerships with legal capacity, for whom the use of the Services offered on the Platform or the use of the App belongs to the operation of their business. The distinction between consumer and entrepreneur is made in accordance with the applicable law, such as the KSchG.
2. Use of Tiny Friends Services by Minors and Blocked Persons Tiny Friends Software & Services are not available to persons under the age of 13. If you are between the ages of 13 and the age of legal majority in your jurisdiction of residence, you may only use Tiny Friends Software & Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. Tiny Friends Software & Services are also not available to any users previously removed from Tiny Friends Software & Services by Tiny Friends or to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction. BY DOWNLOADING, INSTALLING, OR OTHERWISE USING TINY FRIENDS SOFTWARE & SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF SERVICE IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM USING TINY FRIENDS SOFTWARE & SERVICES.
3. Privacy Notice Your privacy is important to Tiny Friends. Please see our Privacy Policy for information relating to how we collect, use, and disclose your personal information, and our Biometric Information Privacy Policy which details how we handle biometric information as well as how we comply with various laws governing the collection and retention of Biometric Information.
4. Account In order to interact with Tiny Friends Software & Services you may be required explicitly or implicitly to open an account. You are solely responsible for maintaining the confidentiality of your account and for restricting access to your computer and mobile device(s). If you permit others to use your account or device(s) in connection with Tiny Friends Software & Services, you agree to these Terms of Service on behalf of all other persons who use Tiny Friends Software & Services under your account or with your device(s), and you are responsible for all activities that occur under your account or with your device(s). Please make sure that the information you provide to Tiny Friends is true, accurate, current, and complete to the best of your knowledge at all times. Unless expressly permitted in writing by Tiny Friends, you may not sell, rent, lease, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to your account. Tiny Friends reserves all available legal rights and remedies to prevent unauthorized use of the Tiny Friends Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
5. Use of Devices and Services Access to the Tiny Friends Services may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing Tiny Friends Software & Services.
6. Modification of these Terms of Service Tiny Friends may amend any of the terms of these Terms of Service by posting the amended terms. Your continued use of the Tiny Friends Services after the effective date of the revised Terms of Service constitutes your acceptance of the terms.
7. License Tiny Friends Software & Services are owned and operated by Tiny Friends, with some part of the software sublicensed from GOODSIZE INC. Unless otherwise indicated, all content, information, and other materials, including, without limitation, Tiny Friends’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of Tiny Friends or affiliated companies and/or third-party licensors such as GOODSIZE INC.. Unless otherwise expressly stated in writing by Tiny Friends, by agreeing to these Terms of Service you are granted a limited, non-sublicensable license (i.e., a personal and limited right) to access and use Tiny Friends Software & Services for your personal use only. Tiny Friends reserves all rights not expressly granted in these Terms of Service. This license is subject to these Terms of Service and does not permit you to engage in any of the following: (a) resale or commercial use of Tiny Friends Software & Services or the Materials; (b) distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of Tiny Friends Software & Services or the Materials, or any portion of them; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of Tiny Friends Software & Services, the Materials, or any information contained in them, except as expressly permitted by Tiny Friends Software & Services; or (f) any use of Tiny Friends Software & Services or the Materials except for their intended purposes. Any use of Tiny Friends Software & Services or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of Tiny Friends, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or other legal principles. Tiny Friends can terminate this license as set out in Section 14.
8. User Content Tiny Friends allows you to create and store 3D models, photographs, custom figurines and digital avatars of yourself (“User Content”). a. License to Tiny Friends Unless otherwise agreed to in a written agreement between you and Tiny Friends that was signed by an authorized representative of Tiny Friends, if you submit, transmit or store User Content using the Tiny Friends Services, you grant Tiny Friends and its sub-licensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to: (a) use, reproduce, modify, adapt, publish, create derivative works from, distribute, and display such User Content (including without limitation for promoting and redistributing part or all of Tiny Friends Software & Services (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with such User Content. Should such User Content contain the name, identity, likeness (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that Tiny Friends and its sub-licensees are allowed to use them to the extent indicated in these Terms of Service. b. Content is Uploaded at Your Own Risk Tiny Friends uses reasonable security measures in order to attempt to protect User Content against unauthorized access. However, Tiny Friends does not guarantee that any unauthorized access of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that Tiny Friends shall not be liable for any unauthorized access of User Content by third parties and release and forever waive any claims you may have against Tiny Friends for any such unauthorized access of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY TINY FRIENDS HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
9. Prohibited Content You agree to not violate any law, contract, intellectual property, or other third-party right; not to commit a tort, and that you are solely responsible for your User Content while using Tiny Friends Software & Services.
10. Trademarks Tiny Friends, the Tiny Friends logos, and any other product or service name, logo, or slogan used by Tiny Friends, and the look and feel of Tiny Friends Software & Services, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of Tiny Friends, and may not be used in whole or in part in connection with any product or service that is not Tiny Friends’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Tiny Friends, without our prior written permission. All other trademarks referenced by Tiny Friends Software & Services are the property of their respective owners. Reference in Tiny Friends Software & Services to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.
11. Idea Submission By submitting ideas, suggestions, documents, and/or proposals (the “Submissions”) to Tiny Friends or its employees, you acknowledge and agree that Tiny Friends shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.
13. Disputes a. Indemnification To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Tiny Friends, its affiliated companies, and each of our respective contractors, employees, officers, directors, agents, third-party suppliers, licensors, and partners (individually and collectively, the “Tiny Friends Parties”) from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to your access, use, or misuse of Tiny Friends Software & Services, any User Content you submit, store, or otherwise transmit in or through Tiny Friends Software & Services, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. You agree to promptly notify the Tiny Friends Parties of any third-party claim, and Tiny Friends reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Tiny Friends, and you agree to cooperate with Tiny Friends’s defense of these claims. b. Disclaimers; No Warranties TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) TINY FRIENDS SOFTWARE & SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY TINY FRIENDS; (B) THE TINY FRIENDS PARTIES DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO TINY FRIENDS SOFTWARE & SERVICES, INCLUDING ANY INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN; (C) WHILE TINY FRIENDS ATTEMPTS TO MAKE YOUR ACCESS AND USE OF TINY FRIENDS SERVICES SAFE, TINY FRIENDS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT TINY FRIENDS SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TINY FRIENDS OR THROUGH TINY FRIENDS SOFTWARE & SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. c. Limitation of Liability and Damages TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL TINY FRIENDS OR THE TINY FRIENDS PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE TINY FRIENDS SOFTWARE & SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM TINY FRIENDS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO TINY FRIENDS’S RECORDS, PROGRAMS, OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TINY FRIENDS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE TINY FRIENDS SOFTWARE & SERVICES EXCEED ONE HUNDRED DOLLARS. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, TINY FRIENDS SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
14. Applicable law and jurisdiction: These TERMS AND CONDITIONS as well as all agreements made between the Parties are subject to Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict rules of international private law. In the case of consumers, this choice of law shall only apply insofar as the protection granted by the mandatory provisions of the law of the country of the consumer's residence is thereby not jeopardized. The competent court in Vienna, Innere Stadt, is responsible for all claims arising from disputes arising from the contractual relationship. This shall not affect the right of the User to sue at any other mandatory legal venue. For all actions brought by TRALITY against a User who is to be qualified as a consumer and who has his domicile, habitual residence or place of employment in Austria due to disputes arising from the contractual relationship, one of the courts in whose district the consumer has his domicile, habitual residence or place of employment shall have jurisdiction. For users who do not have a residence in Austria at the time of the conclusion of the contract, the legal places of jurisdiction shall apply.
15. Final Provisions: TRALITY is entitled to transfer the contractual relationship with the User, if it is an entrepreneur, to third parties without the prior written consent of the User. Each contracting party shall bear the taxes, levies or fees resulting for it from the contractual relationship itself. Any legal transaction fees shall be borne by the User if the User is an entrepreneur. Should individual provisions of these GTC be or become invalid, this shall not affect the remaining content of the GTC. The invalid provision shall be replaced by a valid provision which is legally valid and comes as close as possible to the economic purpose of the invalid provision. Deviations from these GTC, supplementary agreements or any conflicting terms and conditions of the User shall only be effective if confirmed in writing by TRALITY. This also applies to the agreement to waive this formal requirement. In the event of contradictions between these GTC and deviating written agreements between the contracting parties, the provisions of the deviating agreements shall take precedence.