IMPORTANT NOTICE. Section 16 ("Dispute resolution; binding arbitration; class action waiver") requires you and TymedIn to resolve disputes through individual binding arbitration and waives your right to participate in a class action, with limited exceptions. By installing, accessing, or using the Service, you agree to these Terms.
1. Acceptance of these Terms
These Terms of Use (the "Terms") form a binding agreement between you ("you") and TymedIn ("TymedIn", "we", "us", or "our") and govern your access to and use of the TymedIn Android application (the "App") and the website at tymedin.com (the "Site", and together with the App, the "Service"). By installing, accessing, or using any part of the Service, you confirm that you have read, understood, and agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not install or use the Service.
2. Eligibility
You must be at least the age of majority in your jurisdiction (in most places, eighteen years old) to accept these Terms and to install and configure TymedIn. If you are using the Service on behalf of a household or organization, you represent that you have the authority to bind that household or organization to these Terms. TymedIn is intended for parents and guardians to manage the screen time of a child or family member with that person’s awareness and with your legal authority over the device on which the App is installed.
3. License
Subject to your continued compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on devices that you own or otherwise lawfully control, solely for your personal, household, non-commercial use. The Service, including the App, the Site, and all underlying software, design, text, graphics, logos, icons, and other content (the "TymedIn IP"), remains the sole and exclusive property of TymedIn and its licensors, and no rights are granted to you other than the limited license expressly set out in these Terms. All rights not expressly granted are reserved.
4. Restrictions
You will not, and will not attempt to, allow, or encourage anyone else to:
- copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or underlying algorithms from any part of the Service, except to the extent applicable law expressly permits despite this restriction;
- rent, lease, lend, sell, sublicense, redistribute, host, or otherwise commercially exploit the Service;
- remove, alter, or obscure any proprietary notice, label, or watermark in the Service;
- use the Service to monitor, restrict, or surveil any adult without that person’s knowledge and consent, or in any manner that violates applicable law;
- use the Service to violate any law, regulation, or third-party right, including intellectual-property rights, privacy rights, and rights of publicity;
- use the Service in a way that introduces malicious code, interferes with the Service’s integrity or performance, places an unreasonable load on our infrastructure, or attempts to gain unauthorized access to systems or data;
- use any robot, scraper, or automated means to access the Service except for lawful and respectful search-engine indexing of the Site;
- frame, mirror, or republish material portions of the Site without our prior written consent;
- misrepresent your identity, age, or affiliation; or
- circumvent or attempt to circumvent any technical measure designed to limit access to or use of the Service.
5. Account, password, and security
The App requires you to set a parent password and a recovery question. You are solely responsible for choosing a strong password and recovery answer, for keeping them confidential, and for all activity that occurs through your installation of the App. We do not have access to your password or recovery answer and we cannot reset them for you; if you lose both, your only remedy is to uninstall the App and reinstall it.
6. Third-party services and the Android platform
The Service runs on the Android operating system, depends on Android system APIs, and interacts with apps you choose to manage. We do not control the Android operating system or those third-party apps, and changes by Google, your device manufacturer, your carrier, or the authors of any third-party app may affect how the Service behaves. We make no representations about the availability, accuracy, or performance of any third-party software, hardware, or service.
7. App stores
If you obtained the App from Google Play, your use of the App is also subject to Google Play’s terms. In the event of a conflict between Google Play’s terms and these Terms with respect to your installation and use of the App through Google Play, Google Play’s terms control to the extent of the conflict.
8. Feedback you provide
If you submit feedback, suggestions, ideas, or other information about the Service (collectively, "Feedback"), you grant TymedIn a perpetual, irrevocable, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, modify, distribute, display, and create derivative works of the Feedback for any purpose, and you waive any moral rights you may have in the Feedback. You represent that the Feedback is yours to share and that it does not contain confidential information of any third party or material that violates applicable law.
9. Changes to the Service
The Service is provided on a continuing basis, and we may add, remove, or change features, suspend availability of the Service in any geography, or discontinue the Service entirely at our discretion. We will provide reasonable notice of material changes where required by applicable law. We are not liable to you or to any third party for any modification, suspension, or discontinuation of the Service.
10. Termination
You may stop using the Service at any time by uninstalling the App. We may suspend or terminate your right to use the Service immediately and without notice if you breach these Terms, if we are required to do so by law, or if we reasonably believe that your use of the Service exposes us or another user to material risk. Sections 4, 8, and 11 through 22 (and any other provisions that by their nature should survive) will survive any termination of these Terms.
11. Intellectual property
The TymedIn name, logo, and any associated word marks and design marks are trademarks of TymedIn. Nothing in these Terms grants you a license to use those marks, and you will not use them in any way that suggests endorsement or affiliation without our prior written consent. If you believe content available through the Service infringes your copyright, please email tymedin@gmail.com with the information required by 17 U.S.C. § 512(c)(3).
12. Disclaimers
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, THE SERVICE AND ALL CONTENT, FEATURES, AND FUNCTIONALITY ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TYMEDIN AND ITS LICENSORS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (TOGETHER, THE "TYMEDIN PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. THE TYMEDIN PARTIES DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. THE TYMEDIN PARTIES DO NOT WARRANT THAT THE SERVICE WILL BLOCK, DIM, OR OTHERWISE RESTRICT EVERY APP IN EVERY CIRCUMSTANCE, OR THAT IT WILL PREVENT EVERY ATTEMPT TO CIRCUMVENT ITS CONTROLS. YOU USE THE SERVICE AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; IN THOSE JURISDICTIONS THE FOREGOING EXCLUSIONS APPLY TO THE GREATEST EXTENT PERMITTED BY LAW.
13. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY OF THE TYMEDIN 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, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR REPUTATION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STATUTE, OR OTHERWISE) AND EVEN IF THE TYMEDIN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TYMEDIN PARTIES’ TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (a) THE AMOUNTS, IF ANY, YOU PAID TO TYMEDIN FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (b) FIFTY U.S. DOLLARS (US $50). THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN THOSE JURISDICTIONS THE FOREGOING LIMITATIONS APPLY TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS LIMITS LIABILITY THAT, AS A MATTER OF APPLICABLE LAW, CANNOT BE LIMITED, INCLUDING LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, OR GROSS NEGLIGENCE.
14. Assumption of risk for parental-control use
You acknowledge that no parental-control product can guarantee the safety, supervision, or behavior of any user of a device, and that the Service is one tool among many that you, as a parent or guardian, may choose to use. You remain solely responsible for the supervision, safety, and welfare of any minor in your care. The Service is not a substitute for parental supervision, and the TymedIn Parties are not liable for any decision you make in reliance on the Service, including any decision not to take additional steps to protect a minor.
15. Indemnification
To the fullest extent permitted by applicable law, you will defend, indemnify, and hold harmless the TymedIn Parties from and against any and all third-party claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in connection with (a) your use of the Service, (b) any violation by you of these Terms, the Privacy Policy, or applicable law, (c) any Feedback you provide, (d) your violation of any third-party right (including any intellectual-property or privacy right), and (e) any dispute between you and any third party arising out of your use of the Service. We may, at our discretion and at your expense, assume the exclusive defense and control of any matter for which you are obligated to indemnify us, in which case you will cooperate with us in asserting any available defenses.
16. Dispute resolution; binding arbitration; class action waiver
Please read this section carefully. It affects your legal rights.
16.1 Informal resolution first
Before filing a formal dispute, you agree to first contact us at tymedin@gmail.com with a description of the dispute, your contact information, and the relief you seek (an "Initial Notice"). We will attempt in good faith to resolve the dispute informally within sixty days of receipt. Neither party may begin an arbitration or court proceeding (other than a small-claims action under Section 16.5 or an action under Section 16.6) until this informal-resolution process has been completed.
16.2 Binding individual arbitration
If we cannot resolve a dispute informally, you and TymedIn agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including the validity, enforceability, or scope of this arbitration agreement (a "Dispute"), will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or, if those rules do not apply, its Commercial Arbitration Rules), as modified by these Terms. The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. The arbitration will be conducted in the English language. Unless you and TymedIn agree otherwise, the seat and legal place of arbitration will be San Francisco, California, and the hearing (if any) may be conducted in your county of residence, by video conference, or by document submission, at your election where AAA rules permit. The arbitrator may award any individual relief that a court could award under applicable law, including injunctive relief on an individual basis.
16.3 Class action and jury waiver
YOU AND TYMEDIN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. UNLESS BOTH YOU AND TYMEDIN AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. YOU AND TYMEDIN ALSO WAIVE ANY RIGHT TO A TRIAL BY JURY.
16.4 Thirty-day right to opt out of arbitration
You may opt out of the arbitration agreement in Sections 16.2 and 16.3 by sending a clear written notice of your decision to opt out, including your name, address, the date you first installed the App, and a statement that you opt out of the arbitration agreement, to tymedin@gmail.com within thirty days after you first accept these Terms. If you opt out, neither you nor TymedIn will be bound by the arbitration agreement, and disputes will be resolved as set out in Section 17.
16.5 Small-claims exception
Either party may bring an individual action in small-claims court for disputes within that court’s jurisdiction, in lieu of arbitration, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction.
16.6 Intellectual-property exception
Notwithstanding Section 16.2, either party may bring an action in a court of competent jurisdiction for injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual-property rights.
16.7 Costs of arbitration
The AAA rules will govern the payment of all filing, administration, and arbitrator fees, except that for any consumer arbitration commenced by you, we will pay all such fees in excess of two hundred U.S. dollars (US $200) where applicable AAA rules so require, and we will not seek attorneys’ fees or costs against you unless the arbitrator finds your claim or the relief sought to be frivolous.
16.8 Severability of this Section
If any portion of this Section 16 is held unenforceable, that portion will be severed and the remainder will continue in effect; provided that if Section 16.3 (the class-action waiver) is held unenforceable as to a particular claim, that claim will be brought in court under Section 17 and the remainder of this Section will remain in effect.
17. Governing law and venue (for non-arbitration matters)
These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of California, United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. For any dispute not subject to arbitration under Section 16, you and TymedIn agree to the exclusive personal jurisdiction and venue of the state and federal courts located in San Francisco County, California, and waive any objection based on inconvenient forum. Nothing in these Terms limits any mandatory rights you may have under the consumer-protection laws of your jurisdiction of residence.
18. Export, sanctions, and U.S. government users
You will comply with all applicable U.S. and foreign export-control laws and economic-sanctions regulations. You represent that you are not on any U.S. Government denied-party list and are not located in any country subject to a U.S. Government embargo or that has been designated as a "terrorist-supporting" country. If the Service is licensed to or used by an instrumentality of the U.S. Government, it is licensed as "commercial computer software" with only those rights described in these Terms.
19. Notices
We may give notices to you by email (if you have provided one), by posting a notice on the Site, or by in-app message. You may give notices to us at tymedin@gmail.com. Notices are effective when sent (in the case of email) or when posted (in the case of a Site notice).
20. Force majeure
We will not be liable for any delay or failure to perform under these Terms to the extent caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, governmental action, labor disputes, internet or telecommunications failures, power outages, or third-party service outages.
21. General
Entire agreement. These Terms (together with the Privacy Policy and any other policy referenced in these Terms) constitute the entire agreement between you and TymedIn concerning the Service and supersede any prior or contemporaneous agreement, communication, or understanding on that subject.
Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
No waiver. Our failure to enforce any provision of these Terms is not a waiver of that provision or of the right to enforce it later.
Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent, and any attempted assignment without consent is void. We may assign these Terms freely, including to an affiliate or in connection with a merger, acquisition, financing, or sale of assets.
No agency or third-party beneficiaries. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and TymedIn, and these Terms do not create any third-party beneficiary rights.
Headings. Headings are for convenience only and do not affect interpretation.
Independent legal advice. You acknowledge that you have had the opportunity to consult independent legal counsel about these Terms and that you accept them voluntarily.
22. Changes to these Terms
We may update these Terms from time to time. Material changes will be highlighted on this page, reflected in the "Last updated" and "Effective date" entries above, and, where required by applicable law, notified to you separately. If you do not agree to an updated Terms, you must stop using the Service before the updated Terms take effect. Your continued use of the Service after that date constitutes acceptance of the updated Terms.
23. Contact
Questions about these Terms? Email tymedin@gmail.com.