Welcome to Twiso! These offerings are provided by Twiso, Inc. (“Twiso”, “we”, “us”, or “our”). By using the twiso.co web site (the “Site” and, together with any related software, tools, applications and services provided in connection therewith, the “Service”), you (“you” or “User”) are agreeing to be bound by the following terms and conditions ("Terms of Service").
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY (A “CORPORATE USER”), YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
If Twiso makes material changes to these Terms, we will notify you by email or by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at:
Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk.
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
- You are responsible for maintaining the security of your account and password. Twiso cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- One person or legal entity may not maintain more than one free account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
Payment, Refunds, Upgrading and Downgrading Terms
- All paid plans must enter a valid credit card. Free accounts are not required to provide a credit card number.
- An upgrade from the free plan to any paying plan will immediately bill you.
- For monthly payment plans, the Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in plan level while on a monthly billing cycle, the credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Twiso does not accept any liability for such loss.
Cancellation and Termination
- You can terminate your account at any time by emailing email@example.com. You are solely responsible for backing up and/or migrating any data hosted on your account before initiating the cancellation request.
- Contact firstname.lastname@example.org if you would like your Content to be immediately deleted from the Service. This information cannot be recovered once your Content is deleted.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- Twiso, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Twiso reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- Twiso reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the Site or the Service itself.
- Twiso shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
User Generated Content
- As part of the Service, Twiso may allow you to post, upload, publish, submit or transmit content to your Account, to Twiso or to other Users (your “Content”). You agree in posting Content to follow certain rules, including the Acceptable Use Policy and Content Standards set forth below. You are responsible for all Content you submit, upload, post or store through these areas of the Service. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Twiso is not responsible for the Content or data you submit through the Service.
- We claim no intellectual property rights over the Content you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be viewed publicly, you agree to allow others to view your Content. Twiso does not pre-screen Content, but Twiso and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- You hereby grant to Twiso the nonexclusive license to use your Content to provide the Service during the Term of this Agreement.
- Notwithstanding anything to the contrary, Twiso shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Service (including general usage data derived from your use and access to the Service but excluding your Content), and Twiso will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Service and for other development, diagnostic and corrective purposes in connection with the Service and other Twiso offerings, and (ii) disclose such data solely in aggregated and anonymized form in connection with its business. No rights or licenses are granted except as expressly set forth herein.
Acceptable Use Policy and Content Standards
As part of your use of the Service, you agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, indecent, abusive, hateful, inflammatory, vulgar, offensive or otherwise objectionable; (v) promotes sexually explicit or pornographic material, or discrimination, bigotry, racism, hatred, harassment or harm against any individual or group including but not limited to race, sex, religion, nationality, disability, sexual orientation, or age; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (vii) promotes illegal or harmful activities or substances or advocates, promotes or assists any unlawful act; (viii) causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person; (ix) is likely to deceive any person, or impersonate any person, or misrepresent your identity or affiliation with any person or organization; (v) involves commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; (vi) gives the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case; or (vii) is, in Twiso’s sole discretion, objectionable or exposes Users to harm or liability;
- Use, display, screenshot, copy, upload, transmit, mirror or frame the Service, or any individual element within the Service, Twiso’s name, any Twiso trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Twiso’s express written consent;
- Use the Service in any way which is, in Twiso’s reasonable determination, excessive, abnormal, or abusive;
- Access, tamper with, or use non-public areas of the Service, Twiso’s computer systems, or the technical delivery systems of Twiso’s providers, or otherwise attempt to do any of the foregoing;
- Attempt to probe, scan, or test the vulnerability of any Twiso system or network or breach any security or authentication measures;
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as of privacy and publicity) of any other use of the Service or staff member of Twiso;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Twiso or any of Twiso’s providers or any other third party (including another user) to protect the Service or Site;
- Attempt to access or search the Service or Site or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Twiso or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail or junk messages, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing an Twiso trademark, logo URL or product name without Twiso’s express written consent;
- Use the Service for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, Trojan horses, worms, logic bombs, overloading, flooding, spamming, or mail-bombing the Service or otherwise introduce other material that is malicious or technologically harmful;
- Collect or store any personally identifiable information from the Service from other Users of the Service without their express written permission or as otherwise provided for in these Terms of Service;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation;
- If you are affiliated with a Corporate User, use the Service in violation of such Corporate User’s data retention, legal hold, or other policies and procedures;
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Twiso or its Users, or expose them to liability; or
- Encourage or enable any other individual or entity to do any of the foregoing.
Twiso will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Twiso may involve and cooperate with law enforcement authorities and other third parties as appropriate in prosecuting or taking other related legal actions regarding Users who violate these Terms of Service or violate laws including intellectual property rights or violations of privacy rights. You acknowledge that Twiso has no obligation to monitor your access to or use of the Service, or to review, edit, or delete any Content, but it has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. You further acknowledge and agree that if Twiso determines in its sole discretion that your use of the Service is in violation of these Terms of Service, Twiso may terminate your use of the Service or restrict your access (temporarily or permanently) to certain features of the Service. If you print, copy, modify, download, screenshot, post or otherwise use or provide any other person with access to any part of the Service in breach of the Terms of Service, you must, at our option, return, takedown or destroy any copies, uploads, screenshots, posts, or other disclosures of the materials you have made. Any use of the Service not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
All EU Customers should contact Twiso directly at email@example.com for a written data processing agreement pursuant to the GDPR. The following terms apply to EU Customers: If a Data Subject or Data Protection Authority brings a claim directly against Twiso for a violation of any Data Subject rights related to Customer’s use of the Services, Customer will indemnify Twiso for any cost, charge, damages and expenses or loss arising from such a claim.
- Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
- Support for Service services is only available in English, via email.
- You understand that Twiso uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Twiso, or any other Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Twiso.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Twiso customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
- You must not transmit any worms or viruses or any code or compiled software of a destructive nature.
- If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Twiso) of other Twiso customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
- Twiso does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Twiso shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Twiso has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of Twiso to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Twiso and govern your use of the Service, superseding any prior agreements between you and Twiso (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under California law.
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.
- Without limiting the generality of the previous Sections, no provision of this Agreement includes the right to, and Customer will not, directly or indirectly: (i) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (ii) take any action that imposes, or may impose at Twiso’s discretion, an unreasonable or disproportionately large load on Twiso's infrastructure; (iii) knowingly upload invalid data, viruses, worms, or other software agents through the Service; (iv) enable any person or entity other than Authorized Users to access and use the Service or Technology (as defined in Section 12(b)); (v) modify or create any derivative work based upon the Service or Technology; (vi) engage in, permit or suffer to continue any copying or distribution of the Service or Technology; (vii) reverse engineer, disassemble or decompile all or any portion of, or attempt to discover or recreate the source code for, any software that is part of the Service or Technology; (viii) access the Service in order to build a competitive solution or to assist any third party to build a competitive solution; (ix) remove, obscure or alter any proprietary notice related to the Service or Technology; or (x) engage in, permit or suffer to continue any use or other activity that is not expressly authorized under this Agreement by any person or entity within Customer’s control (“Unauthorized Use”). In the event Customer violates any of the terms set forth in this Section, in addition to any other remedies available at law or in equity, Twiso will have the right, in its discretion, to immediately suspend Customer’s and Authorized Users’ use and access to the Service.
Digital Millennium Copyright Act Notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Service, please notify Twiso’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim is being infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Services;
- Information reasonably sufficient to permit Twiso to contact you, such as your address, telephone number, and email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Twiso’s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
Attention: Copyright Agent
San Francisco CA 94114
For clarity, only DMCA notices should go to the Twiso, Inc. Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Twiso via email@example.com
Indemnification and Limitation of Liability
THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TWISO EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TWISO MAKES NO WARRANTY THAT THE SERVICE OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TWISO MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICE OR SITE CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE. TWISO DOES NOT WARRANT THE RESULTS OF USE OF THE SERVICE, AND USERS OF THE SERVICE ASSUME ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO. USERS OF THE SERVICE SHOULD NOTE THAT IN USING THE SERVICE, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD-PARTY INFRASTRUCTURES WHICH ARE NOT UNDER TWISO’S CONTROL (SUCH AS THIRD-PARTY SERVERS AND THE INTERNET). TWISO MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD-PARTY INFRASTRUCTURES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TWISO OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE. YOU UNDERSTAND THAT EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF SERVICE, TWISO DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICE, NOR DOES TWISO MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE. TWISO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
Third Party Disputes
Twiso is not affiliated with any other User or third-party service provider, and any dispute you have with any such third party arising from your use of the Service, including, without limitation, your employer, is directly between you and such third party, and you irrevocably release Twiso (and our directors, officers, subsidiaries, affiliates, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to defend, indemnify, and hold Twiso, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, or your violation of these Terms of Service, including without limitation any breach of any representations or warranties herein, any infringement by you of Twiso’s intellectual property rights, and any claim by a third party that the Content infringes such third party’s intellectual property rights.
Twiso will defend, indemnify and hold you (and in the case of a Corporate User, your directors, officers, employees and affiliates) harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable attorneys’ fees), resulting from any claim, suit, action or proceeding alleging that the Service or any portion thereof infringes any patent, copyright or other intellectual property, proprietary, or other right of any third party.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE REMAINS WITH YOU. EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH HEREIN, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL EITHER TWISO OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR SITE CONTENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR SITE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TWISO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH HEREIN, IN NO EVENT WILL TWISO’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR SITE CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO TWISO FOR USE OF THE SERVICE OR CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TWISO AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.