These Terms of Use (the “Terms”) contain the complete terms and conditions that apply to your use of the internet-based applications, software, services and websites (the “Services”) offered by Twixte (“Twixte”, “we” and “us”). If you wish to use the Services please read these terms of use carefully. By accessing the Service, or by clicking “I accept” or otherwise indicating your acceptance when creating an account or purchasing a subscription, you agree to become bound by these Terms. If you do not agree to these Terms, then you may not access or use the Service.
These Terms apply to all Twixte users.
For you to complete the sign-up process in our site, you must provide your full legal name, a valid email address, and any other information needed in order to complete the signup process. You must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature. Any information provided by you or gathered by the Service or third-parties during any visit to the site shall be subject to the terms of Twixte's Privacy Policy. We may collect certain user information (including personal information and/or sensitive personal information) in the following ways.
You may not use the Service if you are under the age of 16.
You may not subscribe to the Service unless you are a resident of the United States.
We grant you the right to access and use Twixte:
You agree that you will (i) not attempt to infiltrate, hack, reverse engineer, decompile, or disassemble the Service; (ii) not represent that it possesses any proprietary interest in the Service; (iii) not directly or indirectly, take any action to contest Twixte’s intellectual property rights or infringe them in any way; and (iv) except as specifically permitted hereunder, not use the name, trademarks, trade-names, and logos of Twixte and (v) not make the Service available for re-sale, in a service bureau arrangement or via distribution by any means not explicitly allowed under these Terms:
You must not:
Twixte shall retain all intellectual property rights in the Service, including any and all derivatives, changes and improvements, and you agree that you obtain no intellectual property rights or licenses except those expressly granted in these Terms. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Service or proprietary information related thereto.
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from:
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in these Terms is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
OUR MAXIMUM AGGREGATE LIABILITY UNDER, ARISING OUT OF OR RELATING TO THESE TERMS AND THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID OR PAYABLE BY YOU TO COMPANY DURING THE TWELVE MONTHS PRECEDING THE DATE THE LIABILITY FIRST ARISES
You will no longer be subject to these Terms of Use:
Be aware that internet transmissions are never completely private or secure and that any message or information you send on or using Twixte may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
By using Twixte, you agree that we can collect and use technical information about the devices you use Twixte on, and related software, hardware and peripherals to improve Twixte’s product and services.
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in the termination of your Twixte user account, without liability to us. However, we may assign these Terms to any person at any time without notice.
If you are having any issues using Twixte or wish to contact us for any other reason, please email our customer service team at help@twixte.com If we have to contact you we will do so by email or a notification on through the Service, using the contact details you have provided to us.
These Terms are subject to occasional revision. We will notify you of any changes to these Terms by posting the new Terms on the Service and updating the “Last Updated” date below. We will also notify you of material changes by sending an email to the email address you have provided to us. Any changes to these Terms will be effective thirty calendar days following notification of such change. Continued use of the Service following such changes will indicate Customer’s acknowledgement of such changes and agreement to be bound by the updated version of these Terms.
Neither party may transfer or assign its rights or obligations under these Terms to any third party without the prior written approval of the other party, except for an assignment to an affiliated company or to a successor in connection with a merger, acquisition, reorganization or sale of substantially all of its assets or voting securities. Any purported assignment contrary to this section shall be void. Subject to the foregoing, these Terms will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.
Failure of Twixte to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
Even if we delay in enforcing these Terms, we can still enforce it later. If we delay in taking steps against you with respect to your breach of these Terms of Use, that will not prevent us taking steps against you at a later date.
These Terms describe the entire Agreement between you and Twixte, and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to Twixte and the Services.
These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles, and any dispute arising from these Terms shall be brought exclusively before the state and federal courts in San Francisco, California, and each party irrevocably submits to the jurisdiction of such courts.