All payments are monthly (except annual plans) and you can cancel at any time.
1.1 Subscription terms: Your initial subscription period will be specified in your subscription contract and, unless otherwise specified in your subscription contract, will be automatically renewed. All payments are monthly, unless you have paid in full under an annual plan. To prevent renewal of your subscription, you must give notice of non-renewal in accordance with section 1.3. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR SUBSCRIPTION IS ONGOING AND UNTIL YOU PROVIDE NOTICE OF NON-RENEWAL OR TWILEAD CEASES TO PROVIDE THE SERVICES TO YOU IN ACCORDANCE WITH THESE TERMS, TWILEAD IS ENTITLED TO CHARGE YOUR METHOD OF PAYMENT FOR YOUR SUBSCRIPTION (PLUS ANY APPLICABLE TAXES).
1.2 Fees and Payment: Fees for the Twilead Service and any additional professional services (“Fees”) are set forth in the Subscription Agreement and are payable in advance, irrevocable and non-refundable, except as set forth in the Subscription Agreement and these Terms. The current pricing available on Our website at the date of renewal will apply to Your subscription renewal period. You are responsible for all fees owed to Us under any Subscription Agreement. You acknowledge that non-payment of fees due under any account You have with Us, or amounts under accounts associated with Twilead Payments or another payment processor, constitutes a breach of these Terms, and in such event, You acknowledge that We have the right to terminate Your account or suspend access to the Twilead Service or Professional Services associated with any account We have with You or that is under Your control. You agree to provide Twilead with complete and accurate billing and contact information for yourself and your organization, as applicable, and to update such information as necessary. Where payment by credit card is indicated in the Subscription Agreement, or you provide Twilead with credit card information, you represent that you are authorized to use the credit card you enter and you authorize Twilead (or our third party payment processor) to retain your payment information and to use the method and payment information on record to charge such credit card (a) at the time you order the Twilead Service or other Professional Services set forth in the Subscription Agreement, (b) for any billing frequency set forth in the Subscription Agreement, and (c) at the time of any renewal, for the amount of fees due plus applicable sales taxes for any renewed subscription period. Such credit card payments will be subject to any additional terms and conditions presented to you by our third-party credit card processing company, which will be the merchant of record for such transaction. You acknowledge that the amount charged may vary due to usage levels of services such as contacts, users, fax and voice broadcast services and e-mail surcharges; promotional offers, changes in your subscription or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method the corresponding amount. Twilead reserves the right to verify credit/debit card payments before accepting your order. We also reserve the right to (i) obtain and continue to use electronically updated credit card account information, if any, from card brands, (ii) retry failed payments in order to complete transactions, including, but not limited to, retrying failed cards with extended expiration dates and, (iii) change or modify the third parties authorized to assist with payment processing. If Twilead, at its discretion, allows you to make payment using a method other than a credit card, Twilead will invoice you at the time of the initial Subscription Agreement and thereafter on a monthly basis prior to the applicable billing period, and all invoiced amounts will be due within ten (10) days of your receipt of Twilead’s invoice. Late payments will be subject to a service charge of one and one-half percent (1.5%) per month, or the maximum charges permitted by law, whichever is less. Twilead reserves the right to revoke authorization to use an alternative payment method at any time and for any reason. We may set off any obligation you owe us, to the extent permitted by law, against any credit in any account we have with you or under your control, and you will be responsible for the costs we incur in pursuing collection against you to recover all unpaid charges, including, but not limited to, attorneys’ fees and collection agency fees and expenses.
1.3 Notice of non-renewal: You may prevent renewal of the subscription period for a Twilead Service by emailing us at info@Twilead.com at least ten (10) days prior to the end of your next billing date. We reserve the right to issue refunds at our discretion.
The usage policy applies to the way you use our “Twilead” platform.
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement between you, individually or on behalf of an entity (“you”) and LeadIn SAS doing business as Twilead (“Twilead”, “we”, “us” or “our”), regarding your access to and use of the https://Twilead.com website and any other form of media, media channel, mobile website or mobile application linked, connected or otherwise connected thereto (collectively, the “Site”). You acknowledge that by accessing the Site, you have read, understood and agree to be bound by all of these Terms of Use. IF YOU DO NOT ACCEPT ALL OF THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST CEASE USING IT IMMEDIATELY.
Any additional terms, conditions or documents that may be posted on the Site from time to time are expressly incorporated herein by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will notify you of any changes by updating the “last updated” date on these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to regularly review these Terms of Use for updates. You will be subject to the modifications of the revised terms of use and will be deemed to have read and accepted them if you continue to use the site after the date of publication of these revised terms of use.
The information provided on the site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirements within such jurisdiction or country. Accordingly, those who choose to access the site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The site is intended for users aged 18 or over. Persons under the age of 18 are not authorized to use or register on the site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our property and all source code, databases, functionality, software, web designs, audio, video, text, photographs and graphics on the Site (collectively, the “Content”) and the Trademarks, service marks and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and by various other intellectual property rights and unfair competition laws of France, foreign jurisdictions and international conventions. The content and trademarks are provided on the site “as is” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site or any Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose whatsoever without our express prior written consent.
Provided that you are authorized to use the site, you are granted a limited license to access and use the site, and to download or print one copy of any portion of the content accessed, solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in the Site, the Content and the Marks.
USER REPRESENTATION
By using the Site, you represent and warrant that: (1) you have legal capacity and agree to abide by these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site by any automated or non-human means, whether through a robot, script or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may not access or use the Site for any purpose other than that for which we make the Site available. The site may not be used for any commercial activities, except those we expressly support or approve.
If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the site (or any portion thereof).
As a user of the site, you agree not to:
1. Systematically retrieve data or other content from the site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission.
2. Make unauthorized use of the Site, including collecting user names and/or e-mail addresses by electronic or other means for the purpose of sending unsolicited e-mail, or creating user accounts by automated means or under false pretenses.
3. Use a purchasing agent or a purchasing agent to make purchases on the site.
4. Use the Site to advertise or offer for sale any goods or services.
5. Bypass, disable or otherwise interfere with the security features of the Site, including features that prevent or restrict the use or copying of any Content or that apply limitations to the use of the Site and/or the Content contained therein.
6. Use unauthorized frames or links to the Site.
7. Deceive, defraud or mislead users, including by attempting to obtain sensitive account information, such as user passwords.
8. Make inappropriate use of our support services or submit false reports of abuse or misconduct.
9. engage in automated use of the system, such as the use of scripts to send comments or messages, or the use of data mining, robots or similar data gathering and extraction tools.
10. Interfere with, disrupt or create an undue burden on the site, networks or services connected to the site.
11. Attempt to impersonate another user or person or use another user’s username.
12. Sell or otherwise transfer your profile.
13. Use any information obtained from the site to harass, abuse or harm another person.
14. Use the Site in an effort to compete with us or use the Site and/or the Content in connection with any revenue-generating activity or commercial enterprise.
15. Decipher, decompile, disassemble or reverse engineer any of the software that is part of the Site or any portion thereof.
16. Attempt to circumvent site measures designed to prevent or restrict access to the site or any part thereof.
17. Harass, annoy, intimidate or threaten any of our employees or agents responsible for providing you with any part of the Site.
18. Remove any copyright or other proprietary notices from any Content.
19. Copy or adapt site software, including but not limited to Flash, PHP, HTML, JavaScript or any other code.
20. Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses or other items, including excessive use of capitalization and spamming (continuous sending of repetitive text), that interfere with any party’s uninterrupted use and enjoyment of the Site or that modify, alter, disrupt or interfere with the use, features, functions, operation or maintenance of the Site.
21. Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active mechanism for gathering or transmitting information, including, but not limited to, clear graphics interchange formats (“gifs”), 1×1 pixels, web beacons, cookies or similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
22. Except as may result from the use of a standard search engine or Internet browser, use, launch, develop or distribute any automated system, including but not limited to any spider, robot, cheat utility, scraper or offline player that accesses the Site, or use or launch any script or other unauthorized software.
23. Denigrate, tarnish or otherwise harm, in our opinion, us and/or the Site.
24. Use the Site in a manner inconsistent with any applicable law or regulation.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding the Site (“Submissions”) that you provide is non-confidential and becomes our exclusive property. We own exclusive rights, including all intellectual property rights, and are entitled to unrestricted use and dissemination of such Submissions for any lawful, commercial or other purpose, without acknowledgment or compensation to you. You hereby waive any moral rights in such Submissions and you hereby warrant that such Submissions are original or that you have the right to submit them. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against any person who, in our sole discretion, violates the law or these Terms of Use, including reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit availability of, or disable (to the extent technologically feasible) any or all of your Submissions ; (4) at our sole discretion and without limitation, notice or liability, remove from the Site or otherwise disable any files and content which are excessive in size or otherwise burdensome to our systems; and (5) manage the Site in a manner designed to protect our rights and property and to facilitate the proper operation of the Site.
PRIVACY POLICY
Data privacy and security are important to us. Please see our privacy policy: https://Twilead.com/privacy-policy/ By using the site, you agree to be bound by our privacy policy, which is incorporated into these terms of use. Please note that the site is hosted in France. If you access the site from North America, Asia or any other region of the world whose laws or other requirements governing the collection, use or disclosure of personal data differ from the laws applicable in France, by continuing to use the site, you are transferring your data to France and you expressly consent to your data being transferred to and processed in France.
DURATION AND TERMINATION
These Terms of Use shall remain in full force and effect for as long as you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON, FOR ANY REASON OR NO REASON, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SITE OR DELETE THE SITE
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a false or borrowed name, or the name of a third party, even if you are acting on behalf of that third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, but not limited to, civil, criminal and injunctive action.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify or discontinue the content of the site at any time or for any reason, at our sole discretion and without notice. However, we are under no obligation to update the information on our site. We also reserve the right to modify or discontinue all or part of the site at any time without notice. We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the site.
We cannot guarantee that the site will be available at all times. We may experience hardware, software or other problems, or be required to perform maintenance related to the site, resulting in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or modify the Site at any time and for any reason, without notice to you. You agree that we will not be liable for any loss, damage or inconvenience caused by your inability to access or use the Site during any downtime or interruption of the Site. Nothing in these Terms of Use shall be construed as obliging us to maintain or support the Site or to provide any corrections, updates or releases in connection therewith.
GOVERNING LAW
These Terms of Use and your use of the Site shall be governed by and construed in accordance with the laws of France applicable to agreements entered into and to be performed entirely within France, without regard to principles of conflict of laws.
SETTLEMENT OF DISPUTES
Any legal action of any kind brought by you or us (collectively, the “parties” and individually, a “party”) shall be brought or prosecuted in the state courts and tribunals located in France, and the parties hereby agree and waive any defense of lack of personal jurisdiction with respect to venue and jurisdiction in such state courts. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms of Use. In no event shall any claim, action or proceeding brought by either party relating in any way to the Site be commenced more than one (1) year after the cause of action arose.
CORRECTIONS
The site may contain information containing typographical errors, inaccuracies or omissions, including descriptions, prices, availability and other information. We reserve the right to correct any errors, inaccuracies or omissions and to modify or update the information on the site at any time, without notice.
DISCLAIMER OF LIABILITY
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE SITE AND ITS USE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SITE OR THE CONTENT OF ANY WEB SITE LINKED TO THE SITE, AND WE ASSUME NO LIABILITY FOR (1) ERRORS, MISTAKES OR INACCURACIES IN THE CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREON, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT DISPLAYED, TRANSMITTED OR MADE AVAILABLE THROUGH THE SITE. WE DO NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE, OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUES, LOST DATA OR OTHER DAMAGES RESULTING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU, FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WILL ALWAYS BE LIMITED TO THE AMOUNT YOU HAVE PAID US, IF ANY, DURING THE THREE (3) MONTH PERIOD PRIOR TO THE OCCURRENCE OF ANY CAUSE OF ACTION. SOME STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF SUCH LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify and hold us, including our subsidiaries, affiliates and all of our respective officers, agents, partners and employees, harmless from any loss, damage, liability, claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of: (1) your use of the Site; (2) your breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of any third party’s rights, including, but not limited to, intellectual property rights; or (5) any act detrimental to another user of the Site with whom you have connected through the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, in our defense of such claims. We will use reasonable efforts to notify you of any claim, action or proceeding that is the subject of this indemnification as soon as we become aware of it.
USER DATA
We will retain certain data that you transmit to the site in order to manage the site’s performance, as well as data relating to your use of the site. Although we make routine back-ups of data, you are solely responsible for any data you transmit or which relates to any activity you undertake while using the site. You agree that we will not be liable for any loss or corruption of such data, and you hereby waive any right of action against us arising from the loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES
Visiting the Site, sending e-mails to us and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures and other communications that we provide to you electronically, by e-mail and on the Site, satisfy any legal requirement that such communications be in writing.
YOU HEREBY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SITE.
You hereby waive any right or requirement under any law, regulation, rule, ordinance or other statute in any jurisdiction that requires an original signature or the delivery or retention of non-electronic records, or payments or the extension of credit by any means other than electronically.
MISCELLANEOUS
These Terms of Use and any policies or operating rules published by us on or in connection with the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These terms of use apply to the fullest extent permitted by law. We may assign any or all of our rights and obligations to third parties at any time. We shall not be liable for any loss, damage, delay or failure to perform caused by any cause beyond our reasonable control. If any provision or part of any provision of these terms of use shall be deemed unlawful, void or unenforceable, then that provision or part of the provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use and your use of the Site do not create any joint venture, partnership, employment or agency relationship between you and us. You agree that these Terms of Use shall not be construed against us by virtue of the fact that they have been written. You hereby waive any defense you may have based on the electronic form of these Terms of Use and the absence of a signature by the parties hereto to enforce these Terms of Use.
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