TERMS OF SERVICE

Last update on May 25th, 2018.

Below some terms that outline, with the least amount of legalese, the important things you need to know about accessing and using the twinme application and services (collectively, “Service”). These are our terms of service (“Terms”). Please read them carefully.

Accepting these Terms

If you access or use the Service, it means you agree to be bound by all of the terms below. So, before you use the Service, please read all of the terms. If you don’t agree to all of the terms below, please do not use the Service. Also, if a term does not make sense to you, please let us know by filling our contact form.

Changes to these Terms

We reserve the right to modify these Terms at any time. For instance, we may need to change these Terms if we come out with a new feature or for some other reason.

Whenever we make changes to these Terms, the changes are effective 5 days after we post such revised Terms to our website (indicated by revising the date at the top of these Terms), or when we notify you of the changes by e-mail or other means, or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms (such as a click-through confirmation or acceptance button). It is your responsibility to check the website regularly for changes to these Terms.

If you continue to use the Service after the revised Terms go into effect, then you have accepted the changes to these Terms.

Privacy Policy

The Service is provided with “Privacy by Design” in accordance with the European General Data Protection Regulation (EU GDPR). For information about how we collect and use information about users of the Service, please check out our privacy policy.

Your Content & Conduct

We are not the source of, do not verify or endorse and take no responsibility for the content of communications made using the Service. By using the Service, you agree that any content that you submit may be transmitted to the recipient of your communication. The content of communications is entirely the responsibility of the person from whom such content originated. You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent or otherwise objectionable. You have the choice to reset the contents of conversations and to remove a contact from your list of contacts so he or she cannot communicate with you using the Service anymore. The content of communications may be protected by intellectual property rights, which are owned by third parties. You are responsible for the content you choose to communicate and access using the Service. In particular, you are responsible for ensuring that you do not submit material that is:

  1. copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner;
  2. a falsehood or misrepresentation;
  3. offensive, unlawful, harmful to minors, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable;
  4. an advertisement or solicitation of business; or
  5. impersonating another person.

Also, you agree that you will not do any of the following in connection with the Service or other users:

  • Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service;
  • Collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Service;
  • Create an account if you are not over 13 years of age; and
  • Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, users of the Service, or third parties.

Materials

We put a lot of effort into creating the Service including, the logo and all designs, text, graphics, pictures, information and other content (excluding your content). This property is owned by us or our licensors and it is protected by international copyright laws. We grant you the right to use it.

However, your rights do not include:

  1. publicly performing or publicly displaying the Service;
  2. modifying or otherwise making any derivative uses of the Service or any portion thereof;
  3. using any data mining, robots or similar data gathering or extraction methods;
  4. downloading (other than page caching) of any portion of the Service or any information contained therein;
  5. reverse engineering or accessing the Service in order to build a competitive product or service; or
  6. using the Service other than for its intended purposes.

If you do any of this, we may terminate immediately and without warning your use of the Service.

Hyperlinks and Third Party Content

You may create a hyperlink to the Service. But, you may not use, frame or utilize framing techniques to enclose any twinme trademark, logo or other proprietary information without express written consent.

We make no claim or representation regarding, and accept no responsibility for third party websites accessible by hyperlink from the Service or websites linking to the Service. When you leave the Service, you should be aware that these Terms and our policies no longer govern.

A lot of the content on the Service is from you and others, and we don’t review, verify or authenticate it, and it may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content.

EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR ONE 12 MONTH SUBSCRIPTION. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Service or the use of the Service by any person using your account violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.

Governing Law

The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with the laws of France, without regard to conflicts of law principles.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with us, or in any way relating to your use of the twinme applications, website or Service, resides in the courts of France and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of France located in Paris, France in connection with any such dispute including any claim involving us. You further agree that you and us will not commence against the other a class action, class arbitration or other representative action or proceeding.

Termination

If you breach any of these Terms, we have the right to suspend or disable your access to or use of the Service.

Entire Agreement

These Terms constitute the entire agreement between you and us regarding the use of the Service, superseding any prior agreements between you and us relating to your use of the Service.

Feedback

We love feedback. Please let us know what you think of the Service, these Terms and, in general, twinme. When you provide us with any feedback, comments or suggestions about the Service, these Terms and, in general, twinme, you irrevocably assign to us all of your right, title and interest in and to your feedback, comments and suggestions.

Questions & Contact Information

Questions or comments about the Service may be directed to us through this contact form.