TWEATCH Terms of Service

Welcome, and thank you for your interest in the online services collectively known as TWEATCH, along with any related websites, networks, applications, software and other services and related documentation provided by TWEATCH (collectively, the "Services"). These Terms of Service are a legally binding agreement between you and TWEATCH regarding your use of the Services. For the purposes of these Terms of Service, “TWEATCH,” “we,” “our,” and "us" refer to the applicable TWEATCH contracting entity.

PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY CLICKING “I ACCEPT,” BY DOWNLOADING OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICES, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS.

OUR WEBSITE AND SERVICES ARE ONLY AVAILABLE TO COMPANIES OR OTHER ORGANISATIONS THAT ARE LEGALLY REGISTERED UNDER THE LAWS OF THEIR DOMICILE AND HAVE THE CAPACITY AND ABILITY TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. PLEASE DO NOT CONTINUE TO USE THE SERVICES PROVIDED BY US IF YOU DO NOT MEET THESE QUALIFICATIONS. WE HAVE THE RIGHT TO TERMINATE THE PROVISION OF SERVICES TO YOU AT ANY TIME.

IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE TWEATCH'S PERMISSION TO USE THE SERVICES. YOUR USE OF THE SERVICES, AND TWEATCH'S PROVISION OF THE SERVICES TO YOU, CONSTITUTES AN AGREEMENT BY TWEATCH AND BY YOU TO BE BOUND BY THESE TERMS.

In these Terms of Service we cover the following topics:

SECTION 1: DEFINITIONS
SECTION 2: SCOPE
SECTION 3: YOUR RIGHT AND OBLIGATIONS
SECTION 4: TWEATCH RIGHTS AND OBLIGATIONS
SECTION 5: FEES AND PAYMENT
SECTION 6: CONFIDENTIALITY AND PUBLICITY
SECTION 7: INTELLECTUAL PROPERTY RIGHTS
SECTION 8: PROMISE
SECTION 9: INDEMNIFICATION AND DISCLAIMER
SECTION 10: FORCE MAJEURE
SECTION 11: GENERAL
SECTION 12: CONTACT US

SECTION 1: DEFINITIONS

These Terms of Service in the agreement are defined and have the meaning as set out in this clause:

Agreement: these Terms of Service are a legally binding agreement between you and TWEATCH regarding your use of the Services. Each Agreement and/or "Order Form" entered into by and between you and TWEATCH, to which these Terms of Service shall apply.
Applicable Law: then-current national, local or other law, rule, regulation, enforceable regulatory guidance, order, judgment, decree, or ruling in any jurisdiction in which you access and use the Services, including but not limited to, data protection and privacy regulations, guidelines, conditions, policy rules and/or regulations, guidelines, conditions of Operators applicable to the Service and/or End User Service.
Customer: the Party with whom TWEATCH enters into an agreement. More commonly referred to in this agreement as "you".
Customer Materials: all information, data, content, and other materials, in any form or medium, that is provided by or on behalf of you to TWEATCH.
TWEATCH: the TWEATCH group company entering into the agreement with you as identified in the applicable Agreement.
TWEATCH IP: the service, the software and the TWEATCH Platform, and any improvements, modifications or enhancements to or derivative works of the foregoing, and all intellectual property rights in and to any of the foregoing.
TWEATCH Platform: TWEATCH's computing environment designed to provide the Service and to establish the connection between TWEATCH and you.
Intellectual Property Rights: all intellectual property rights of any nature whatsoever throughout the world and for the full duration of any and all intellectual property protection afforded to the same including all: (a) patents, registered trademarks, service marks, copyright, designs and any and all applications for registration of any of the same wheresoever made; (b) unregistered trademarks, service marks, designs, design right and copyright; and (c) know how, trade secrets howsoever arising and any right or interest in any of the foregoing.
Effective Date: means the date on which a particular agreement comes into effect.
End User: a natural person or legal entity authorized by you to make use of your end user services.
End User Service: the service you provide to your end users.
Operator: an electronic communications service provider, or provider of over the top communication services that provides (wireless) messaging, voice and data communication and other related services to its customers including TWEATCH, its subscribed end users and other Operators.
Personal Data: any information relating to an identified or identifiable natural person ("data subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Service(s): the service TWEATCH provides to you under the agreement, which may include electronic communications, professional services, providing access to applications as software as a service, services that provide both platform services, including access to and use of the TWEATCH Platform, any application programming interface (TWEATCH API) and/or communications services used in connection with the TWEATCH Platform or TWEATCH APIs.
Working Day: Monday to Friday from 9 a.m. to 6.00 p.m., in accordance with the time zone per the TWEATCH entity providing the Service, excluding generally recognized public holidays.

SECTION 2: SCOPE

2.1

These Terms of Service apply to all agreements between TWEATCH and you unless the Parties have expressly agreed otherwise in writing.

2.2

The applicability of any general (purchasing) terms used by service, or any other terms and conditions other than included in the agreement and these Terms of Service, is hereby expressly excluded.

2.3

The Parties hereby agree that any electronic signature shall have the same legal validity and enforceability as a manually executed signature to the fullest extent permitted by law. For the purpose of these Terms of Service, any reference to "written" or in writing" means any form of written communication, including, without limitation, electronic signatures, and any such written communication may be transmitted by electronic transmission.

2.4

Applicable law applies to the end user services offered by customer to its end users in the country where the end user service is delivered. You shall familiarize yourself with such applicable law (including obtaining independent legal advice if necessary) applicable to the end user service. TWEATCH makes no warranties and assumes no liability in this regard.

2.5

The TWEATCH PRIVACY POLICY form an integral part of these Terms of Service and the agreement between customer and TWEATCH covering customers use of the services.

SECTION 3: YOUR RIGHT AND OBLIGATIONS

3.1 Registration and use

3.1.1

By completing the registration process or by actually using the Service in a manner permitted by other platforms, you confirm that you are legal entity or other organisation with full legal capacity and the capacity to act in accordance with civil law. If you do not have the above qualifications, please do not use the Service, otherwise you and your legal guardian will bear all consequences arising therefrom, and TWEATCH has the right to cancel (permanently freeze) your account and claim damages from you and your legal guardian. If you register on behalf of a company or other legal entity, or use the Services in a manner permitted by other platforms, you represent and warrant that you have the right to bind such company or legal entity to the terms of this Agreement.

3.1.2

You shall provide the Registration Information as required by the Platform and ensure that the Registration Information provided is true and valid. If any of your relevant Registration Information changes, you shall update the relevant Registration Information within one business day of the change. If your Registration Data is false, inaccurate, or not updated in a timely manner, TWEATCH has the right to suspend your Services, resulting in any loss or liability to you.

TWEATCH TERMS OF SERVICE