Terms of Use:
These Terms of Use (“Terms”) govern your access to and use of the services provided by the Twaali platform, a digital platform developed and owned by Keyzsoft LTD (“we”, “us”, or “our”). By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.
Below are the sections outlined:
Agreement to Terms
Changes to Terms
Service, Accounts, and Registration
Eligibility
Payment Terms
Intellectual Property Rights
Privacy Policy
Pricing
License
Feedback
Third-Party Terms
User Content
Prohibited Conduct
Termination of Service
Indemnity, Disclaimers, Limitation of Liability
Disclaimer; No Warranties by Twaali
Dispute Resolution and Arbitration
General Provisions
Agreement to Terms:
Please read the following terms carefully:
By clicking “I Accept,” you acknowledge that you have read, understood, and, as a condition to your use of the Service, agree to be bound by the following terms and conditions, including the Privacy Policy located at https://twaali.com/privacy-policy and any additional terms or policies provided by Twaali from time to time (collectively referred to as the “Terms”). If you are not eligible or do not agree to the Terms, you do not have our permission to use the Service, and your use of the Service, and Twaali’s provision of the Service to you, constitutes an agreement between Twaali and you to be bound by the Terms.
Changes to Terms:
We reserve the right to modify these Terms at any time. If we make changes to these Terms, we will notify you by posting the revised Terms on our website or through other means. Your continued use of our services after any modified Terms are posted constitutes your acceptance of the modified Terms.
Service, Accounts, and Registration:
Use of Services
You agree to use our services only for legal purposes and in accordance with these Terms. You are prohibited from using our services in any manner that violates any applicable laws or regulations.
The service provides users with a social media management tool that allows them to schedule posts on social platforms at predetermined times. In addition, it provides various design tools and analytics to enhance users’ social media content.
User Accounts
To access certain features of our services, you may be required to create an account. You are responsible for maintaining the confidentiality of your account details and all activities that occur under your account.
Registration:
To take advantage of most features of the service, you need to register for an account. During registration, you may need to provide us with certain personal information such as your name, email address, or other contact details. You agree that the information you provide to us is accurate, complete, not misleading, and you commit to keeping it accurate and up-to-date at all times. As part of the registration process, you will be required to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept accountability for all activities conducted under your account. If you suspect that the security of your account has been compromised, you must immediately notify us at [email protected] or through the chat messages on the website.
Eligibility:
To use the service, you must be at least 18 years old. By accepting these Terms, you confirm and warrant to us the following: (a) you meet the age requirement of at least 18 years old; (b) you have not been previously suspended or banned from using the platform; (c) your registration and use of the platform comply with all applicable laws and regulations. If you are representing an entity, organization, or company, the individual accepting these Terms on your behalf confirms and warrants that they have the authority to bind you legally to these Terms, and you agree to be bound by them.
Payment Terms:
Certain features of the platform may require payment of fees upon subscribing to the relevant plan. Before payment, you will be given the opportunity to review and agree to the applicable fees for your subscription. All fees are in USD and are generally non-refundable unless expressly stated otherwise in these Terms. Fees are subject to variance based on the selected plan, with premium pricing packages specifically designed for individual users and organizations.
Intellectual Property Rights:
All content included or made available through our services, such as text, graphics, logos, images, and software, is the property of Twaali or its licensors and is protected by copyright and other intellectual property laws.
The service is owned and operated by Twaali. All visual interfaces, graphics, designs, information, data, computer code (including source code), products, software, services, domain names, templates, and other service elements provided by Twaali (“Materials”) are protected by intellectual property laws and other laws. All materials included in the service are the property of Twaali or its external licensors. Except as expressly authorized by Twaali, you cannot use the materials. No implied licenses are granted under these Terms, and Twaali reserves all rights in the materials not expressly granted in these Terms.
Respect for Third-Party Rights:
Twaali respects the intellectual property rights of others, takes intellectual property rights protection seriously, and requires its platform users to do the same. Infringing activity on or through the service will not be tolerated.
Privacy Policy:
Your use of our services is governed by our privacy policy. By using our services, you agree to the collection, use, and disclosure of your personal information as described in our privacy policy at https://twaali.com/privacy_policy.
Pricing:
Twaali reserves the right to set prices for the service. We will make reasonable efforts to ensure that pricing information displayed on our website remains up-to-date. Twaali may change the fees for any aspect of the service. Twaali may, in its sole discretion, offer promotions with different features and different prices to any of Twaali clients. Unless offered to you, these promotions will not apply to your order or these Terms. Pricing offers for our service are subject to change at any time.
Authorization:
You authorize Twaali to charge all amounts for orders that you make and any level of service you select as described in these Terms or posted by Twaali, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Twaali may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover the purchase.
Subscription Service:
The service may include subscription plans based on automatically recurring payments (“Subscription Service”). The “Subscription Billing Date” is the date when you purchase your initial subscription to the service. The Subscription Service will begin on this date and continue for the period you select (“Initial Subscription Period”), and it will automatically renew for successive periods of the same length (“Subscription Period”) unless you cancel it or we terminate it. By activating the Subscription Service, you authorize Twaali and its payment processors to charge all applicable amounts until cancellation of the subscription. For more information about “Subscription Fees,” please visit our pricing page at https://twaali.com/pricing. Fees will be charged automatically on the subscription billing date and thereafter on renewal dates for all applicable fees and taxes for the next subscription period. You must cancel the Subscription Service before renewal to avoid being charged for the next period. Twaali or its payment processor will charge the subscription fees to the payment method associated with your account or that you provide during registration. You can cancel your subscription by accessing your Account Settings at https://app.twaali.com/billing and clicking “Cancel Plan” or by contacting us at [email protected]. Your cancellation must be received before the renewal date to avoid being charged for the next period.
Late Accounts:
Twaali reserves the right to suspend or terminate access to the service, including the fee-based portions of the service, for any account that is past due. In addition to the amount due, a late account will be charged fees or costs incidental to any refund or collection of any unpaid amount, including collection fees. If your payment method is no longer valid at the time the renewal subscription fee is due, Twaali reserves the right to delete your account and any information or user content (defined below) associated with your account without any liability to you.
License:
Except where this restriction is not permitted by applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform, or create derivative works of the platform; (b) make any modifications to the platform; or (c) interfere with any feature of the platform or circumvent any mechanism of security or access control. If the applicable law prohibits you from using the service, you are not allowed to use it.
Feedback:
We value and welcome feedback from our users. If you choose to provide input and suggestions about functionality or improvements on the service, you grant Twaali an unrestricted, worldwide, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to use feedback in any manner and for any purpose, including improving and developing services. We are not obligated to provide you with attribution for any feedback you provide.
Third-Party Terms:
Twaali may provide you with tools within the service to import and export information, including user content, to third-party services. This includes features that allow you to link your Twaali account with services like X or Facebook, or through third-party buttons (e.g., “like” or “share” buttons). By using these tools, you authorize Twaali to transfer information from and to the applicable third-party service. Third-party services are not under Twaali’s control, and to the extent permitted by law, Twaali is not responsible for any third-party service’s use of your exported information. The platform may also contain links to third-party websites. These linked sites are not under the control of Twaali, and Twaali is not responsible for their content. We encourage you to review the terms of use and privacy policies of any third-party services before sharing any user content or information with them. Once sharing occurs, Twaali does not control the information shared.
Third-Party Software:
The service may include or integrate third-party software components that are generally available under licenses granting beneficiaries broad rights to copy, modify, and distribute these components (“Third-Party Components”). While the service is provided to you under these Terms, nothing in these Terms prevents or restricts or is intended to prevent or restrict you from obtaining Third-Party Components under applicable third-party licenses or from using Third-Party Components under those licenses.
User Content:
Certain features of the service may enable users to submit, upload, post, broadcast, or transmit content through the platform. This content may include social media posts, messages, reviews, photos, videos, audio recordings, textual and other works of authorship, or similar content (“User Content”). You retain any ownership rights that you may hold in User Content that you post to the service, subject to the licenses granted in these Terms.
Limited License Grant to Twaali
By posting User Content to or through the service, you grant Twaali a worldwide, non-exclusive, irrevocable, royalty-free, fully-paid license to host, store, transfer, publicly display, perform, communicate to the public, reproduce, and modify for the purpose of formatting for display, create derivative works of, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed. All rights granted in these Terms are provided on a going-forward basis, meaning that owners or operators of external services will not incur any separate liability to you or any other party for User Content posted or otherwise used on the external services through the service. You agree to indemnify any person or entity as a result of posting your User Content and from Twaali’s exercise of the license granted in this section.
Photographic Images Rules
If you upload a photo or image to the service that includes one or more people, you hereby grant those individuals, and administrators, guardians, heirs, and trustees, if any, a worldwide license to reproduce, distribute, and publicly display that photo or image for personal use and through any online platform or service. This includes, but is not limited to, the service, Facebook, Instagram, and X. However, this license does not allow third parties to promote any product or merchandise or use any service. Additionally, the subject of any photo or image or their administrators, guardians, heirs, or trustees is not permitted to sell any photo or image, either independently or as embodied in any product.
Representations and Warranties Relating to User Content
You are not permitted to post User Content if you do not own or are not fully authorized to grant the rights to all elements of the User Content. Twaali assumes no responsibility regarding User Content. You are solely responsible for your User Content and the consequences of providing User Content via the service. By providing User Content via the service, you confirm and warrant to us the following:
- You are the creator and owner of the User Content, including the User Mark, or you own the necessary licenses and rights to authorize Twaali and service users to use and distribute User Content as contemplated by Twaali, the service, and these Terms.
- Your User Content, and its other use or posting as contemplated in these Terms, does not and will not:
(a) infringe, misappropriate, or violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, publicity right, or any other intellectual property or proprietary right;
(b) defame, libel, slander, or otherwise violate any other person’s right to privacy or publicity or any other property rights;
(c) cause Twaali to violate any law or regulation, or require obtaining any licenses from or payment of any royalties or fees or amounts to any third party, or provide any attribution to any third party.
- Your User Content does not contain:
(a) language that incites to physical or verbal violence or causes harm to any community.
(b) content that offends religions or values in communities worldwide or threatens peace and security.
(c) content that uses offensive, violent, or inappropriate phrases or tones contrary to community values.
(d) pornographic content, promotion of sexual services or products, prostitution, or any other illicit services.
(e) content intended to incite violence, harm, emotional abuse, or spread falsehoods;
(f) misinformation that we deem dangerous and capable of leading to violence, harm, severe illness, and/or death, including:
- misleading deceptive marketing
- fake accounts, deceptive conduct, bad actors
- misleading or potentially harmful
- content that promotes misleading information narratives, conspiracy theories, or hoaxes that we deem as causing harm
- COVID-19 misinformation that could contribute to the spread of COVID-19 and misinformation about vaccines or other diseases and epidemics.
- content intended to suppress an individual’s right to vote
(g) content that a reasonable person would find objectionable, profane, obscene, harassing, threatening, embarrassing, hateful, or otherwise inappropriate or offensive.
(h) hateful content, threats of physical harm, or harassment. This section provides guidelines regarding the types of content that fall under Twaali’s policy on hateful content, threats of physical harm, and harassment but is not exhaustive. This section does not limit any of our rights or other remedies set forth herein. For clarification, your User Content may not include, and Twaali may remove or refuse to post or promote any User Content that violates the terms or policies of any third-party platform with which Twaali Services are integrated or intersect.
Includes Hateful Content:
Any statement or image or content, in our sole opinion, could reasonably be perceived to threaten, denigrate, promote harassment, promote intimidation, or promote abuse of others for any reason, including based on race, gender, gender identity, national origin, religion, or otherwise.
Includes Threats of Physical Harm:
Any statement, image, ad, or other content, in our sole opinion, could reasonably be perceived to threaten or incite violence against others, including references to current or historical figures or groups known or alleged to espouse such content, such as the Ku Klux Klan, Nazi Party, and the like.
Includes Harassment:
- Disclosure of someone’s personal information
- Online stalking and bullying.
- Wanting to inflict physical harm on a person or people.
- Encouraging others to engage in any of the preceding.
We reserve the right to suspend or terminate accounts and remove individual posts containing hateful content, threats of physical harm, or harassment.
We can also suspend or terminate your account if we determine, in our sole discretion, that you are either:
- the organization that has publicly disclosed or acknowledged that its goals, objectives, stances, or founding principles include statements or principles that can reasonably be perceived to incite, encourage, or sponsor hateful content, harassment, or threats of physical harm.
- a person or organization that has acted in a way likely to support, condone, encourage, or represent hateful content, harassment, or threats of physical harm.
Notwithstanding the foregoing, we reserve the right to screen, remove, edit, or block any User Content found to violate the terms or that we find, in our sole discretion, to be objectionable or contrary.
Content Monitoring:
Twaali does not control nor is it obligated to monitor: User Content, any content made available by third parties, or the use of the service by its users. You acknowledge and agree that Twaali retains the right and may, from time to time, monitor any and all information transmitted or received through the platform for operational and other purposes. If Twaali elects to monitor content, it assumes no responsibility or liability for the content, loss, or damage resulting from the use of the content. During monitoring, information may be examined, recorded, copied, and used in accordance with our privacy policy. Twaali can block, filter, mute, remove, or disable access to any User Content uploaded or transmitted through the service without any liability to the user who posted such User Content or to any other user of the service.
User Content Disclaimer:
We are not obligated to edit or control the User Content that you or other users post and will not be responsible or liable for any User Content. However, Twaali may, at any time and without prior notice, remove or edit any User Content that, in our sole opinion, violates these Terms, is alleged to infringe the rights of third parties, or is otherwise objectionable. You understand that by using the service, you may be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, inappropriate, or objectionable. You agree to waive any legal or equitable rights or remedies you have or may have against Twaali with respect to User Content. If a user or content owner notifies you that User Content does not comply with these Terms, we may investigate the claim and decide, in our sole discretion, whether to remove the User Content, which we reserve the right to do at any time and without notice. Twaali does not permit activities contrary to the service.
Prohibited Conduct:
By using the Service, you agree not to:
Use the service for any unlawful purpose or in violation of any local, state, national, or international law;
Harass, threaten, demean, embarrass, bully, or harm any other user of the service;
Infringe or encourage others to infringe, or provide instructions on how to infringe, upon any third-party rights, including by infringing or misappropriating any third-party intellectual property rights;
Access any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, or data mining tools), or search or use any part of the service through the use of any engine, software, tool, agent, or device other than the software or search agents provided by Twaali;
Interfere with the features of the service, including: ‘a’ disabling or circumventing features that prevent or limit the use, printing, or copying of any content; or ‘b’ reverse engineering or attempting to discover the source code of any part of the service unless such activity is expressly permitted by applicable law;
Modify or create derivatives of any part of the service;
Interfere with the operation of the service or any user’s enjoyment of the service, including: ‘a’ upload or post any virus, adware, spyware, worm, or other malicious code; ‘b’ provide any unsolicited offer or advertisement to another service user; ‘c’ collect personal information about another user or third party without consent; or ‘d’ interfere or disrupt any network, equipment, or server connected to the service or used to provide services;
Engage in any fraudulent activities including impersonation of any person or entity, claiming false affiliation, accessing any other service accounts without permission, or falsifying your age or date of birth;
Take any action that imposes an unreasonable or disproportionate load on the infrastructure of the Twaali Service Systems or Networks or any systems or networks connected to the service or Twaali;
Sell or transfer access rights granted under these Terms, or any materials or any right or ability to view, access, or use any materials; or
Attempt to do any of the acts described above or assist or permit any person to perform any of the acts referred to above.
Termination of Service:
If you violate any provision of these Terms, your permission to access the service and these Terms will terminate automatically.
We reserve the right to terminate or suspend your access to our services at any time, for any or no reason, and without prior notice.
Effect of Termination:
Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the service; (b) you will no longer be entitled to access your account or the service; (c) you must pay Twaali any unpaid amount due prior to termination; (d) any payment obligations due before termination will be due; You alone are responsible for retaining backup copies of any User Content you post to the service, as upon termination of your account, you may lose access to any User Content you post to the service. If your account is terminated for breach of these terms, you are prohibited from creating a new account on the service using a different name, email address, or forms of account verification.
Indemnity, Disclaimers, Limitation of Liability:
To the fullest extent permitted by law, you are responsible for your use of the service, and will defend Twaali and our affiliates from any third-party claims against us, and any related liability, damage, loss, or expenses, including reasonable attorney’s fees and costs, arising out of (a) your unauthorized use or misuse of the service; (b) your violation of any part of these Terms, or any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your infringement of any right of a third party, including any intellectual property rights (specifically, any infringement of a third-party trademark rights through a starter page domain name) or publicity, confidentiality, proprietary, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), in which case you agree to cooperate with our defense of those claims.
Disclaimer; No Warranties by Twaali:
The services and all materials and content available via the service are provided “as is” and on an “as available” basis. Disclaimer of all warranties of any kind, whether express or implied, relating to the service and all materials and contents available via the service, including (a) any implied warranty of enjoyment of title, or non-merchandise, or fitness for a particular purpose and (b) any warranty arising out of dealing or usage or trade. Twaali does not warrant that the service or any part of the service, or any materials or contents displayed through the service, is non-interrupted or secure or error-free or virus or other harmful components.
No advice or information, whether oral or written, obtained from the platform or any material or content available via the service, will create any warranty or representation not expressly made herein. We are not responsible for any damage resulting from the service and from your interactions with any other user of the service. You understand and agree that you use any portion of the service at your sole discretion and risk and that we are not responsible for any damage to your property (including any computer system or mobile device used in connection with the service) or any loss of data including user data.
Limitation of Liability:
To the fullest extent permitted by law, Twaali shall not be liable to you for any indirect, incidental, special, consequential, or punitive damages (including damages for lost profits or goodwill or any other intangible losses) arising out of your access to or use of the service oribility to access or use any materials or contents on the service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any Twaali has been informed of the possibility of damage or not.
Except as specifically provided by the arbitration provisions, and to the fullest extent permitted by law, Twaali’s total liability to you for all claims arising out of your use or inaccessibility of any part of the service or otherwise under these Terms, whether in contract, tort, or otherwise, is limited to: (a) the amount you paid for Twaali access and use of the service in the month preceding the event or circumstances giving rise to the claim.
Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to distribute the risks between the parties under these Terms. This distribution is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of any and all other provisions of these Terms. The limitations in this section will apply even if any limited remedy fails of its essential purpose.
Dispute Resolution and Arbitration:
In order to resolve disputes between you and Twaali in the most efficient and cost-effective manner, and except as described in the arbitration provisions, you and Twaali agree that each dispute arising in connection with these Terms and the service and communications from us will be resolved through binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be limitedly reviewed by courts. Arbitrators can award the same damages and remedies that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, the service, or any communication from us whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory and regardless of whether a claim arises during or after termination of these Terms. You understand and agree that by entering into these Terms, you and Twaali are each waiving the right to a trial by jury or to participate in a class action.
General Provisions:
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire and exclusive understanding and agreement between you and Twaali with respect to the use of the service. You may not assign or transfer these Terms or any of your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We reserve the right to assign these Terms and all rights and obligations associated therewith, including those related to your User Content, at any time without notice or consent. Our failure to enforce any provision will not constitute a waiver of our right to enforce it later, nor will any waiver of any breach or default in these Terms, or any provision thereof, constitute a waiver of any subsequent breach or default or waiver of the provision itself. Use of section headers in these Terms is for convenience of reference only and will not affect any interpretation of any provision. Wherever used in these Terms the term “including” means “including, without limitation.,” If any part of these Terms is held to be invalid or unenforceable, the remaining parts will remain in full force and effect to the fullest extent permitted by law.
Governing Law:
These Terms are governed by United Kingdom laws without regard to conflict of law principles. You and Twaali submit to the personal and exclusive jurisdiction of the courts located within London, United Kingdom, to resolve any lawsuit or court procedure permitted under these Terms.