TERMS & CONDITIONS OF USE
STORYSKIMO Ltd is trading as Telmi.
Responsible for Policy: Veronique Trang
Last Updated: October 2023
1. Introduction
1.1. These terms and conditions apply between you, the User of www.telmi.io, https://app.telmi.io/ and Telmi app (including any sub-domains, unless expressly excluded by their own terms and conditions), and STORYSKIMO Limited, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
1.2. In these terms and conditions, User or Users means any third party that accesses the Website, including parents, teachers and children and is not either (i) employed by STORYSKIMO Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to STORYSKIMO Limited and accessing the Website in connection with the provision of such services.
1.3. You must be at least 18 years of age to provide consent to the use of this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age or if you are under 18, you may use the Telmi or Telmi Service (recording, production and sharing of content, as well as listening) only with the involvement of a parent, guardian or teacher. Subject to clause 4, if you are under the age of 13, you must ensure the person with parental responsibility for you has set up your account.
2. Registration
2.1. You must ensure that the details provided by you on registration or at any time are correct and complete.
2.2. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
2.3. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
2.4. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
3. Password and security
3.1. When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.
3.2. If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.
3.3. If you register with us using a password(s), you are responsible for keeping your password(s) secure and you are fully responsible for all activities that occur under your password(s). Telmi shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.
4. Accounts for Minors and Children
Adult users may set up separate contributors accounts for their Children (Minors or Children under the Age of 13) with a name and a date of birth. We are sensitive to the privacy and child protection issues that arise from being provided with information that uniquely identifies an individual child: we do not wish to be put in a position whereby we hold that kind of information. Therefore, we strongly recommend that Users identify Children’ accounts by aliases or names that are anonymous or incomplete. Do not use children’s full names.
5. Rights we grant you
5.1. Telmi grants you a personal, non-exclusive, non-assignable and non-transferable license to access and use the Services for your personal and non-commercial use only. This license is subject to your use of the Services in compliance with these Terms of Use.
5.2. You may not use the Services for any other purpose or in any way that breaches these Terms of Use or any other agreement applicable to the Services.
5.3. Additionally, you will not:
a) archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Telmi Service;
b) circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Telmi Service;
c) use any robot, spider, scraper or other automated means to access the Telmi service;
d) decompile, reverse engineer or disassemble any software or other products or processes accessible through the Telmi service;
e) insert any code or product or manipulate the content of the Telmi service in any way;
f) use any data mining, data gathering or extraction method;
g) upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Telmi service, including any software viruses or any other computer code, files or programs;
h) use the Services in any way that violates, plagiarizes, misappropriates or infringes the rights of third parties, including without limitation, rights of copyright, trademark, privacy or publicity;
i) use the Services in any way that violates, breaches or is contrary to any applicable law, rules, regulation, court order or is otherwise illegal or unlawful in Telmi’s reasonable opinion;
j) use the Services to impersonate or attempt to impersonate Telmi, a Telmi employee, another user or any other person or Entity or otherwise misrepresent yourself. Using a pseudonym to create an account does not violate this provision;
k) use the Services for harassing, unethical or disruptive purposes or use the Services in any way that is indecent, offensive, abusive, libellous, defamatory, obscene, racist, sexually explicit or in a manner to incite hatred on grounds of race, gender, religion or sexual orientation or in any other manner objectionable in Telmi’s reasonable discretion;
l) post sensitive information via the Services, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses;
m) create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (aka. “spam”) to other users of the Services;
n) exploit the Services for any commercial purpose, including without limitation, the sale of access to the Services or the sale of advertising, sponsorships or promotions placed on or within the Services
6. User Generated Content
6.1. Any and all content, including any communications, images, sounds and all materials or information, that you submit (e.g. by uploading or transmitting) to Telmi (collectively, “User Content”) is and will remain your property from the moment of creation.
6.2. You are solely responsible for your own User Content and the consequences of uploading, submitting, distributing and publishing your User Content on the Services. We do not claim ownership of any User Content.
6.3. You represent and warrant that (i) you exclusively own or have the necessary licenses, rights, consents and permissions to publish any User Content you submit and (ii) your User Content does not and will not infringe any patent, trademark, trade secret, copyright, moral right, right of publicity, right of privacy, or other right of any other person or entity or violates any law or contractual duty.
6.4. You will remain the owner of the User Content but, by submitting and uploading User Content to the Services, you grant Telmi a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid up, transferable license (with the right to sublicense) to host, store, use, display, reproduce, create derivative works of, modify, adapt, edit, publish, and distribute your User Content in connection with the Services and Telmi’s (and its affiliates’ and partners’ and their respective successors) business, including for promoting, marketing and redistributing (including by 3rd parties) part or all of the User Content in any media now known or hereafter invented for all purposes permitted by law.
6.5. You also grant each user of the Services a non-exclusive, worldwide license to access your User Content, if made public by you to them or contributed to another user’s , through the Services and to use such User Content as permitted through the functionality of the Services and under these Terms of Use. To the extent permitted by applicable laws, you waive any moral rights or similar rights you may have in any User Content.
6.6. We have no obligation to monitor or pre-screen the User Content created or uploaded and none of Telmi, its affiliates, and their respective employees, agents, directors and officers has any obligation, and does not undertake or assume any duty to review your User Content. Though we have no legal obligation to monitor the User Content, we may access, review and screen User Content if we choose and we reserve the right to block, remove or delete any User Content at any time, with or without notice, and to limit or restrict access to any User Content, for any reason (including if we think your User Content violates these Terms of Use) without liability and limitation.
6.7. In addition, a parent, guardian or teacher with an account is responsible for any User Content provided by or collected from a child’s sub-account as outlined in clause 4.
6.8. If you see anything on the Telmi service which appears to infringe this Agreement, then please inform us of it by emailing us at vero@telmi.io . We rely upon Users to point out material contributed by other Users which may infringe this Agreement
7. Our Intellectual Property Rights
7.1. You acknowledge that except for any User Content, any and all other software (including source code), logos, icons, the Site’s “look and feel,” text, graphics, images, video clips, sound clips, content, notices, data, page layout, selection and arrangement of the content, copyrights, patents, trade secrets, trademarks and other intellectual property rights therein is owned solely and exclusively by Telmi and/or its licensors and are protected by the United Kingdom and international copyright, trade secret or other intellectual property laws and treaties.
7.2. You may not copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms. Additionally, you may not use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.
7.3. The Telmi name and logo and all related names, logos, product and service names, designs and slogans are trademarks of Telmi its affiliates or its licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Telmi. You may not use, copy or imitate any such branding, logos, designs, without the express prior permission of Telmi.
8. Third Party Intellectual Property Rights and Copyright Claims
8.1. Telmi respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, contact us at hello@telmi.io . If a copyright holder notifies Telmi, that any Content infringes a copyright, Telmi may in its sole discretion remove such Content from the Service, or take other steps that Telmi deems appropriate, without prior notification to the user or other party who supplied or posted that Content. If such user or other party believes that the Content is not infringing, he or she may in certain circumstances submit a counter-notification to Telmi with a request to restore the removed content, which Telmi may or may not honour, in Telmi’s sole discretion.
8.2. We reserve the right to remove or disable access to any Telmi Content or any other materials posted to or otherwise displayed through the Telmi Service, including any Telmi Content that violates or otherwise allegedly infringes on the copyright or other intellectual property, proprietary, or other rights of any person, company or other entity. We will not be liable for the removal of or disabling of access to any Telmi Content or materials
9. Links to other websites
9.1. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of STORYSKIMO Limited or that of our affiliates.
9.2. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
9.3. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
10. Privacy Policy and Cookies Policy
Use of the Website and Services is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following:
https://telmi.io/privacy and https://telmi.io/cookie-policy
11. Availability of the Website and disclaimers
11.1. Any online facilities, tools, services or information that STORYSKIMO Limited makes available through the Website (the “Service”) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. STORYSKIMO Limited is under no obligation to update information on the Website.
11.2. Whilst STORYSKIMO Limited uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
11.3. STORYSKIMO Limited accepts no liability for any disruption or non-availability of the Website or Services.
11.4. STORYSKIMO Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
12. Limitation of liability
12.1. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
12.2. To the extent that the Website and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.
12.3. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
12.4. To the maximum extent permitted by law, STORYSKIMO Limited accepts no liability for any of the following:
a) any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
b) loss or corruption of any data, database or software; or
c) any special, indirect or consequential loss or damage.
13. Term and Termination
These Terms will remain in effect while you use the Service. You may terminate your account at any time, for any reason, by following the instructions on the Service or uninstalling the App. Upon termination, your account will close immediately, and/or your right to access and use the Service will end immediately. Even after your rights under these Terms are terminated, all provisions of these Terms which by their nature should survive, will survive, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.
14. General
14.1. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
14.2. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
14.3. These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
14.4. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
14.5. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
14.6. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
14.7. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
STORYSKIMO Limited Details
STORYSKIMO Limited is a company incorporated in England & Wales with registered number 12462008 whose registered address is 85, Tottenham Court Road London W1T 4TQ.
Our website is https://telmi.io
You can contact Telmi by email on vero@telmi.io