Terms of Use

Version and Effective Date
TinyPOS Terms of Service comes into effect on July 1th, 2015, replacing the former version (if any).
Last modified: June 1th, 2015

Welcome to TinyPOS!
Please read the following Terms of Service carefully. Your use of TinyPOS means you have accepted this agreement.
This agreement also includes the Privacy Policy and other business rules. Please read them carefully.

1. About TinyPOS
TinyPOS refers to software with functions of data store and other related internet-based value-added services ("Our Service"). We provide the above-mentioned services through free or paid TinyPOS software ("Our Software"), or application programming interfaces ("APIs") for third parties to use.
We remind you especially that we only provide you the software and service as tools. When using TinyPOS acquiring and processing information, you should respect legal rights of others such as intellectual property rights and privacy rights etc., and make sure you are authorized to copy, amend, upload and publish the information. If doing such mentioned above without permission, you may infringe legal rights of others, which may result you to be legally liable for it.

2. Range of Software License and Service
We grant you a personal, worldwide, revocable, non-transferable and non-exclusive license to use TinyPOS. Unless otherwise expressly agreed in writing, you are permitted to install, use, display or run Our Software or use Our Services on your smart mobile end-device, including but not limited to tablets, smart phones and TinyPOS, and PCs as well as other computer systems ("End-Device") for personal and non-commercial purposes.

3. Paid Service
You may need to pay for some of our TinyPOS Services. Please read related detailed rules if you want to use the paid services.
TinyPOS could make changes about payment standard and method according to practical needs. Some current-free services may become paid services in the future. If you refuse to pay, you will no longer be able to use the service when we start to charge fees. We will publicize such changes on TinyPOS official website or inform you during a period of time when you use relative services.

4. Privacy and Personal Information
TinyPOS respects the privacy of each user and will protect your privacy and personal information in accordance with relevant laws and regulations. You need to read carefully our Privacy Policy which specifies how we treat your personal information.
We particularly remind that the information you upload or submit to TinyPOS may involve other peoples' personal information or privacy. TinyPOS will not disclose such contents without authorization. When using TinyPOS business social networking services, you should set or adjust your privacy controls according to your own needs to avoid risks.
You acknowledge and promise that you will fully respect the privacy of anyone you have access to within TinyPOS Services and will not collect, duplicate, store, disseminate or spread others' private information without permission. If you make malicious use of other people's personal information, or infringe other users' privacy by any other means (including but not limited to harassment), we are entitled to restrict or terminate your account privilege until finally delete your account at any time and we reserve the right to unilaterally terminate this agreement and request you to bear legal liabilities.

5. Providing Services "As Is"
TinyPOS provides services using a commercially reasonable level of skill. We are trying our best to meet your needs and assure the consistency and security of our services. But we are not able to foresee some legal and technological risks including but not limited to service interruption, data loss and other damages or risks due to force majeure, viruses, Trojans, hackers' attack, unstable system, defective services provided by third parties, and government actions. You hereby acknowledge and confirm that you use TinyPOS at your own risk.

6. Advertisement
You agree that we reserve the right to post commercial and non-commercial advertisements and/or promotions in TinyPOS. The manner, mode and extent of such advertising/promotions are subject to change without specific notice to you.

7. Your Content in Our Services
You confirm that you retain copyright and other rights of the contents you submit to our Services.
You should take responsibility for the contents you transmit, upload, post or distribute through TinyPOS either publicly or privately ("contents", including but not limited to email, message, file, work, software, music, recording, picture, graph, video, data, registered information and other information) . Make sure you have the necessary authorization for submitting such contents.
In terms of the information publicized, you agree to give TinyPOS a perpetual worldwide, royalty-free and non-exclusive license to use, duplicate, adapt, modify, create derivative works, translate, disseminate and sublicense such contents. You also agree to grant TinyPOS the right to seek legal remedies, in the name of itself, against those who infringe the copyright of above information and get all the indemnifications. Make sure you have the necessary authorization for granting us such license.
To increase the accuracy of the uploaded information, TinyPOS may check the information you submit as per your prior application and consent. You should double-check the above information to ensure its accuracy.

8. Code of Conduct
8.1 When you are using the service of TinyPOS, you shall firmly agree to abide by local laws and regulations. No one shall produce, reproduce, publish, or spread sensitive or illegal information, or any information or material which will be regarded as illegal or inappropriate by reasonable people, including but not limited to the following information:
(1) opposing to the basic principles of the country's Constitution;
(2) committing acts detrimental to the security of the motherland, disclosing state secrets to subvert the state's political power, undermining the unification of the state;
(3) committing acts detrimental to the honor and interests of the motherland;
(4) inciting ethnic hatred and ethnic discrimination, undermining national unity;
(5) undermining the state's religious policies to promote cults and feudal superstition;
(6) spreading rumors, disturbing the social order, undermining the stability of the society;
(7) spreading obscenity, pornography, gambling, violence, murder, terror or instigating crime;
(8) insulting and slandering others, infringing others' lawful rights and interests;
(9) violating the compulsory provisions of laws or administrative regulations.
8.2 You shall not use TinyPOS for any illegal purposes, or utilize TinyPOS to conduct illegal behaviors, including but not limited to the following:
(1) to use TinyPOS for any acts which make adverse influence on the Internet's normal operation;
(2) to steal or illegally visit or abuses other users' account or account information;
(3) to fabricate facts maliciously and conceal the truth to mislead or cheat others;
(4) to publish, transmit, or spread advertisement information or spam; initiate, continue or in any form join in any speculative or other illegal plans; use network communication to harass others;
(5) to publish, transmit, spread, or store information which infringes legal rights or interests such as intellectual property rights, trade secrets; transmit, spread, or in other ways to present pictures, photos, software or other material files which are protected by intellectual property laws, unless otherwise you have corresponding rights, authority or have received all the necessary ratification;
(6) other acts which are forbidden by laws and administrative laws.
8.3 You shall not engage in any activities which are to the disadvantages of TinyPOS, except for explicit legal permission or written permission from TinyPOS. You should not engage in any activities which are unauthorized explicitly when you are using TinyPOS, including but not limited to the following:
(1) to delete all TinyPOS's information about copyright;
(2) to reverse engineering, reverse assembling, reverse compiling our software, or in other way to attempt to discover our software's source code;
(3) to retrieve, reproduce, modify, hook operation or create any derivative works of TinyPOS's information (including but not limited to our software or information stored in any end-device when using TinyPOS and mutual information between client and server), of which the forms include but not limited to using plug-ins, external software or unauthorized third party's tools/service access, interference and influence our software and related system;
(4) to restrict, forbid or in other ways interfere and affect others in using or enjoying service of TinyPOS (except for safety and protection tools such as parental control), including but not limited to release or transfer the following qualities of any information or software: including worm, virus Trojans or other detrimental function, or generated flow capacity which is suffice to interfere with others' use, dispatch or information retrieval;
(5) in any ways to automatically visit(or attempt to visit) TinyPOS, or violate prescribed rules in TinyPOS software and service's related program's robots.txt or any other similar files;
(6) to use, lease, lend, reproduce, modify, interlink, reprint, compile, issue, publish, establish mirror image websites of TinyPOS's related information;
(7) any operation stems from manipulated or distorted purposes, or any operation possibly undermines integrity or veracity of TinyPOS's any rating or comment.
(8) other acts which are not explicitly authorized by TinyPOS.
8.4 If you conduct previous behaviors, you should bear the corresponding responsibility independently while TinyPOS bears no responsibility whatsoever. You should make compensation for any damages according to laws, and TinyPOS will reserve the rights to seek legal remedies to recover damages and compensation, if any.
8.5 If user violates the agreement's provision, any claims, requests, or damages including reasonable legal counsel fees generated from any third parties therefrom, you shall agree to compensate TinyPOS so as to protect us from losses.

9. Intellectual Property
You acknowledge and agree that TinyPOS possesses any and all the lawful rights and interests of TinyPOS, including any intellectual property rights of software and/or service (no matter whether such right or interest is registered or not, nor such right or interest exists in any state or district).
The information in TinyPOS includes: words, software, voices, photos, videos, diagrams, all contents in advertisements, the commercial information we offer and so on. The contents of TinyPOS's information are protected by copyright, patent, trademark as well as other related laws and regulations. You are allowed to use these contents only if with our authorization; no arbitrarily reproduction, modification or compilation of these contents or the creation of related derivative products are permitted.
Unless you have otherwise reached written agreement with TinyPOS, this agreement does not authorize you to use TinyPOS's software title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features.

10. Limitation on Liability
10.1 You should use TinyPOS correctly, and bear responsibilities and losses by yourself for your improper operation.
10.2 You fully understand that TinyPOS involves online service, it may meet various risks such as force majeure, or possibly interrupting the service. We will attempt to restore it immediately in such cases, however, you should bear such responsibilities and losses by yourself caused hereby, and TinyPOS shall NOT be responsible no matter directly or indirectly. The accidental risks include but not limited to the interruption and suffocation of service caused by the following reasons:
(1) undermined by computer virus, Trojan or other malicious programs, or by Hacker's attack;
(2) user's or TinyPOS's end-device's software, system, hardware and telecommunication line happens to breakdown;
(3) accidents, natural disaster or acts of government;
(4) user's employment of service is neither provided nor authorized by TinyPOS;
(5) other force majeure or factors beyond TinyPOS's control.
10.3 We make no warrants in any form for unpredictable or uncontrollable technical defects of product, the stability of service, or any losses or damages caused thereby, unless the law expressly stipulates mandatorily otherwise.
10.4 You acknowledge and agree, if you use a location-based service of TinyPOS, other users nearby might find you based on location. If you exchange card information with other users, you should be careful to judge the authenticity of the information, and to guard against any possible malicious use (for instance, personal injury or any other harm).
10.5 To the extent permitted by law, the total liability of TinyPOS for any claims arised herein (including any implied warranties if any), shall be limited to the amount you paid us to use TinyPOS service.
10.6 TinyPOS reminds you of exporting your information and making backup regularly. We shall by no means be liable to compensate any direct or indirect loss of the users if resulted in abnormal use.

11. Conclusion of Agreement
Your use or registration with TinyPOS means to us that you have read and accepted our terms. If you do not agree to this agreement, stop immediately and do NOT use our software or services.

12. Modifications of the Terms
We may modify this agreement or any additional terms that apply to TinyPOS Services. You should look at the terms regularly. Usually we will post notice of modifications to these terms on our homepage, or via e-mail or by other reasonable means to inform you with a new agreement thirty days before it takes effects. If you do not agree to the modified terms, you should discontinue your use of our service.

13. Discontinuation, Suspension and Termination
13.1 You can stop using our Services at any time, although we will be sorry to see you leave. with the registered email address. We will terminate your service account after verifying relevant information in accordance with our rules.
13.2 We are constantly changing and improving our services. We highly recommend you to update in time. However, you can choose whether to accept the update or not. If you choose not to update, we do not guarantee to provide you with latest updated services, the likely loss therefrom shall be borne by yourself.
13.3 We reserve the right to modify, discontinue, suspend or terminate our service at any time. Before any action is adopted, we will normally try our best to give you reasonable notice in advance.
13.4 You agree that we may, without prior notice, immediately terminate, limit your access to or suspend your service account, or access to TinyPOS in event of any of the following:
(1) personal information you provide is inaccurate, fake or illegal;
(2) breaching or violation of this agreement;
(3) no sufficient payment is paid to us;
(4) requirement according to law or related government department;
(5) Other situation as we deem necessary.

14. Severability of Agreement
If any term or clause herein is not enforceable or defined by law court or arbitration to be invalid, the rest of the terms remain effective.

15. Applicable laws and Disputes Settlement:
15.1 This agreement shall be governed by and construed in accordance with the laws (without regard to its conflict of law provisions).
15.2 In the event there is a dispute between you and TinyPOS, both parties shall attempt to settle the dispute amicably.
15.3 All subtitles of this agreement are only for convenience to read and have no practical significance, and thus shall not be used as the basis for interpretation.

16. Language
This agreement is written in English, which are equally effective.