Terms of Use

These Terms of Use (these “Terms”) constitute a legally binding agreement between you (“you” or “User”) and Tynana LLC (“Tynana,” “we,” “our,” or “us”) and govern your access to and use of www.tynana.com and any related pages, content, features, or functionality that we make available (collectively, the “Site”).

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, YOU MUST NOT ACCESS OR USE THE SITE.

1. Eligibility

The Site is intended for a general business audience. You represent and warrant that you are at least eighteen (18) years of age, have the legal capacity to enter into a binding agreement, and are not barred from accessing or using the Site under the laws of the United States, your jurisdiction of residence, or any other applicable jurisdiction. If you are accessing or using the Site on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case the terms “you” and “User” refer to that entity.

2. License to Access and Use the Site

Subject to your continued compliance with these Terms, Tynana grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site solely for your internal informational and other lawful purposes. All rights not expressly granted to you in these Terms are reserved by Tynana and its licensors.

3. Prohibited Conduct

You agree not to, and not to permit any third party to, directly or indirectly:

• use the Site for any unlawful, fraudulent, deceptive, or harmful purpose, or in violation of any applicable law, rule, or regulation;
• attempt to gain unauthorized access to, interfere with, damage, disrupt, or disable any portion of the Site, any server or network on which the Site is hosted, or any other systems or networks connected to the Site;
• use any robot, spider, scraper, crawler, or other automated means to access, monitor, or copy any portion of the Site, or to bypass, circumvent, or attempt to bypass or circumvent any security, access control, or rate-limiting measure;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, structure, algorithms, or trade secrets of the Site, except to the limited extent that applicable law expressly prohibits such a restriction;
• copy, reproduce, modify, adapt, translate, create derivative works of, distribute, publicly display, publicly perform, transmit, or otherwise exploit any portion of the Site, except as expressly permitted by these Terms;
• upload, transmit, or otherwise make available through the Site any material that is unlawful, defamatory, obscene, infringing, harassing, abusive, threatening, or otherwise objectionable, or that contains viruses, worms, ransomware, or other malicious code;
• use the Site to develop, train, or improve any machine learning, artificial intelligence, or other model, except with our prior written consent;
• misrepresent your identity or affiliation with any person or entity, or otherwise impersonate any person or entity in connection with the Site; or
• use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.

4. Intellectual Property

The Site, including all text, graphics, images, logos, trademarks, service marks, trade names, trade dress, photographs, designs, layouts, audio, video, software, source code, object code, data, compilations, and other content and materials displayed on or made available through the Site (collectively, the “Site Content”), is owned by or licensed to Tynana and is protected by United States and international intellectual property and other proprietary rights laws. Except for the limited license expressly granted to you in these Terms, no right, title, or interest in or to the Site or the Site Content is transferred to you. The “Tynana” name and logo, and all related names, logos, product and service names, designs, and slogans, are trademarks of Tynana or its affiliates. You may not use any such marks without the prior written permission of Tynana.

5. User Submissions and Feedback

If you submit any inquiry, comment, suggestion, idea, or other content to us through the Site or any communication channel (collectively, “Submissions”), you agree that: (a) the Submission is not confidential and we are under no obligation of confidentiality with respect to it; (b) you represent and warrant that you have all rights necessary to submit the Submission and that the Submission does not violate the rights of any third party or any applicable law; and (c) you hereby grant Tynana a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit the Submission, in whole or in part, in any media now known or hereafter devised, for any purpose, without compensation or attribution to you.

6. Third-Party Websites and Content

The Site may contain links to, or interoperate with, third-party websites, services, or resources that are not owned or controlled by Tynana. Tynana provides such links and integrations as a convenience only, and the inclusion of any link or integration does not imply endorsement, sponsorship, or affiliation by Tynana. Tynana is not responsible for the content, products, services, policies, or practices of any third-party website or service, and your use of any third-party website or service is at your own risk and subject to the terms and policies of that third party.

7. Disclaimer of Warranties

THE SITE AND THE SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TYNANA AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “TYNANA PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, UNINTERRUPTED OR ERROR-FREE OPERATION, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, THE TYNANA PARTIES DO NOT WARRANT THAT THE SITE OR ANY SITE CONTENT WILL MEET YOUR REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR BE ACCURATE, RELIABLE, OR CURRENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TYNANA PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR USE, ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR THE SITE CONTENT, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE TYNANA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE TYNANA PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR THE SITE CONTENT WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100.00).

The exclusions and limitations in this Section 8 apply regardless of whether any remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages. Accordingly, some of the above exclusions or limitations may not apply to you.

9. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Tynana Parties from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your access to or use of the Site; (b) your Submissions; (c) your breach or alleged breach of these Terms; (d) your violation or alleged violation of any applicable law or the rights of any third party; or (e) your negligence or willful misconduct. Tynana reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Tynana in asserting any available defenses. You will not settle any claim without the prior written consent of Tynana.

10. Termination

These Terms remain in effect for so long as you access or use the Site. We may, in our sole discretion and without notice, suspend or terminate your access to all or any portion of the Site at any time, with or without cause. Upon termination, all licenses and other rights granted to you under these Terms will immediately cease. The provisions of these Terms that by their nature should survive termination will survive, including without limitation Sections 4 (Intellectual Property), 5 (User Submissions and Feedback), 7 (Disclaimer of Warranties), 8 (Limitation of Liability), 9 (Indemnification), 11 (Governing Law; Venue), 12 (Miscellaneous), and 13 (Contact).

11. Governing Law; Venue

These Terms and any dispute or claim arising out of or related to these Terms, the Site, or the Site Content, whether sounding in contract, tort, statute, or otherwise (each, a “Dispute”), will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. You and Tynana irrevocably consent to the exclusive personal jurisdiction and venue of the state and federal courts located in the County of New York, State of New York, for the resolution of any Dispute, and waive any objection to such jurisdiction or venue on the basis of forum non conveniens or otherwise. EACH PARTY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE SITE CONTENT.

12. Miscellaneous

These Terms, together with our Privacy Policy and any other policies or notices referenced herein, constitute the entire agreement between you and Tynana with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral. No waiver of any provision of these Terms will be deemed a further or continuing waiver of such provision or any other provision, and Tynana’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be modified or eliminated to the minimum extent necessary so that these Terms otherwise remain in full force and effect. You may not assign or transfer these Terms or any of your rights or obligations hereunder, by operation of law or otherwise, without the prior written consent of Tynana. Tynana may freely assign or transfer these Terms in whole or in part. Any attempted assignment in violation of this Section is void. The Section headings used in these Terms are for convenience only and have no legal or contractual effect.

We may modify these Terms at any time by posting the revised Terms on the Site and updating the “Effective Date” above. Where required by applicable law, we will provide additional notice. Your continued access to or use of the Site after any such modification constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using the Site.

13. Contact

If you have any questions about these Terms, please contact us at:

Tynana LLC

Attn: Legal

Email: admin@tynana.com

Website: www.tynana.com