These Terms govern the use of Twilead, and any other related agreement or legal relationship with the Owner in a legally binding manner.
The User must read this document carefully.
Although the entire contractual relationship with respect to such Products is solely between the Owner and Users, Users acknowledge and agree that where Twilead has been provided to them through the Apple App Store, Apple may enforce the these Terms as a third party beneficiary.
Twilead is provided by:
LeadIn SAS
2 The Great Mollard, Providence
38700 Corenc, France
Owner contact email: info@twilead.com
The term “Twilead” refers to
this website, including its subdomains and any other website through which the Owner makes its Service available;
applications for mobile systems, tablets and other smart devices;
application program interfaces (APIs);
the service ;
applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, and any related documentation;
Twilead uses auto-renewal for product subscriptions. Information about (a) the renewal period, b) termination details and c) notice of termination can be found in the relevant section of these Terms.
Please note that certain provisions of these Terms may only apply to certain categories of users. In particular, certain provisions may only apply to Customers or Users who are not considered Customers. Such limitations are always explicitly mentioned in each clause concerned.
In the absence of such mention, the clauses apply to all Users.
The use of Twilead and the Service is limited by age: to access and use Twilead and its Service, the User must be an adult within the meaning of applicable law.
Unless otherwise stated, the terms of use detailed in this section generally apply when using Twilead.
Additional unique terms of use or access may apply in specific scenarios and if so are set forth additionally in this document.
By using Twilead, users confirm that they meet the following conditions:
There are no restrictions for users in terms of consumers or professional users;
Users must be recognized as adults by applicable law;
To use the Service, Users must register or create a User account, providing all required data or information completely and truthfully.
Any breach of this obligation will result in the unavailability of the Service.
Users are responsible for the confidentiality and security of their login credentials. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by Twilead.
By registering, users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously notify the Owner via the contact details provided in this document, if they believe that their personal information, including but not limited to Users’ accounts, access credentials or personal data, has been breached, improperly disclosed or stolen.
Users may terminate their Account and stop using the Service at any time by doing the following:
By using the tools provided for account termination on Twilead.
The Owner reserves the right, at its sole discretion, to suspend or terminate at any time and without notice, the accounts of Users that it deems inappropriate, offensive or in violation of these Terms.
The suspension or deletion of User accounts does not entitle Users to claims for compensation, damages or reimbursement.
The suspension or deletion of accounts for causes attributable to the User does not exempt the User from paying the applicable fees or prices.
Unless otherwise stated or clearly recognizable, all content available on Twilead is owned or provided by the Owner or its licensors.
The Owner makes every effort to ensure that the content provided on Twilead does not violate any applicable legal provision or any third party rights. However, it is not always possible to achieve such a result.
In such cases, without prejudice to the legal prerogatives of users to assert their rights, users are requested to preferably report related complaints using the contact details provided in this document.
The Owner owns and reserves all intellectual property rights to such content.
Users may therefore not use this content in a way that is not necessary or implicit for the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set out below), modify, translate, transform, publish, transmit, sell, sublicense, publish, transfer/assign to third parties or create derivative works of the content available on Twilead, nor allow a third party to do so through the User or his device, even without his knowledge.
Where explicitly stated on Twilead, User may download, copy and/or share certain content available on Twilead for their personal, non-commercial use only and provided that the copyright attributions and any other attributions requested by the Owner are properly implemented.
Any limitation or legal exception applicable to copyright remains unaffected.
The Owner allows Users to upload, share or provide their own content to Twilead.
By providing content to Twilead, users confirm that they are legally entitled to do so and that they do not violate any legal provision and/or any third party rights.
Users acknowledge and agree that by providing their own content on Twilead, they grant the Owner a non-exclusive, fully paid, royalty-free license to process such content solely for the operation and maintenance of Twilead, as contractually required.
To the extent permitted by applicable law, users waive all moral rights in connection with content they provide to Twilead.
Users acknowledge, agree and confirm that all Content they provide through Twilead is provided subject to the same terms and conditions set forth for Content on Twilead.
Users are solely responsible for any content they upload, post, share or otherwise provide through Twilead. Users acknowledge and agree that the Owner does not filter or moderate such content.
However, the Owner reserves the right to remove, delete, block or rectify such content at its own discretion and to deny, without notice, access to Twilead to the User who uploaded it:
The withdrawal, deletion, blocking or rectification of content does not entitle the Users who provided this content or who are responsible for it, to claims for compensation, damages or reimbursement.
Users agree to hold the Owner harmless from any claims and/or damages suffered as a result of content they have provided to or through Twilead.
Through Twilead, users may have access to external resources provided by third parties. Users acknowledge and agree that the Owner has no control over these resources and is therefore not responsible for their content and availability.
The conditions applicable to any resource provided by third parties, including those applicable to a possible grant of rights to the content, result from the general conditions of each of these third parties or, in the absence of these, from the applicable legal law.
Twilead and the Service may only be used for their intended purpose under these Terms and applicable law.
Users are solely responsible for ensuring that their use of Twilead and/or the Service does not violate any applicable law, regulation or third party rights.
Accordingly, the Owner reserves the right to take any appropriate action to protect its legitimate interests, including denying Users access to Twilead or the Service, terminating contracts, reporting misconduct through Twilead or of the Service to the competent authorities – such as judicial or administrative authorities – as soon as the Users engage or are suspected of engaging in one of the following activities:
Twilead offers Users the possibility of receiving benefits if, following their recommendation, any new User purchases a Product offered on Twilead.
In order to take advantage of this offer, Users may invite others to purchase the Products on Twilead by sending them a code provided by the Owner. These codes can only be used once.
If, while purchasing the products on Twilead, one of the invited people uses the code, the inviting user will receive the advantage or benefit (such as: a price reduction, an additional service function, a level, etc.
Codes may be limited to specific products among those offered on Twilead.
The Owner reserves the right to terminate the offer at any time at its own discretion.
Although no general limitation applies to the number of people who may be invited, the amount of benefit or benefit that each inviting user may receive may be limited.
All intellectual or industrial property rights, and all other exclusive rights to software or technical applications integrated or linked to Twilead are owned by the Owner and/or its licensors.
Subject to compliance by Users and notwithstanding any conflicting provision of these Terms, the Owner grants Users only a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technology integrated into the Service within the framework and for the needs of Twilead and the Service offered.
This license does not grant users any right to access, use or disclose the original source code. All techniques, algorithms and procedures contained in the software and all related documentation are the exclusive property of the Owner or its licensors.
All rights and licenses granted to Users terminate immediately upon termination or expiration of the Agreement.
Users may access their Twilead-related data through the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses Twilead, is subject to these Terms and, in addition, to the following specific terms:
User expressly understands and agrees that the Owner assumes no responsibility and shall not be liable for any damages or losses resulting from User’s use of the API or User’s use of any third-party products/services that accesses data through the API.
Some of the Products offered on Twilead, as part of the Service, are provided against payment.
The fees, duration and conditions applicable to the purchase of these Products are described below and in the dedicated sections of Twilead.
User expressly understands and agrees that the Owner assumes no responsibility and shall not be liable for any damages or losses resulting from User’s use of the API or User’s use of any third-party products/services that accesses data through the API.
Prices, descriptions or availability of Products are described in the respective sections of Twilead and are subject to change without notice.
Although the Products on Twilead are presented with the greatest technical accuracy possible, the representation on Twilead by any means (including, where applicable, graphic material, images, colors, sounds) is given only for information only and does not imply any guarantee as to the characteristics of the Product purchased.
The characteristics of the chosen Product will be described during the purchase process.
All steps from choosing a Product to submitting the order are part of the purchase process. The purchase process includes the following steps:
By clicking on the payment button, Users open the payment section of Stripe, where they will have to specify their details and a payment method of their choice.
After providing all required information, users should carefully review the order and then confirm and submit it using the appropriate button or mechanism on Twilead, thereby agreeing to these terms and agreeing to pay the agreed price.
When the User submits an order, the following provisions apply:
The submission of an order determines the conclusion of the contract and therefore creates for the User the obligation to pay the price, taxes and any other costs and expenses, as specified on the order page.
If the purchased product requires an active contribution from the user, such as the provision of information or personal data, specifications or special wishes, the submission of the order obliges the user to cooperate accordingly.
Upon submitting the order, users will receive a receipt confirming that the order has been received.
All notifications related to the purchase process described will be sent to the email address provided by the user for this purpose.
Users are informed, during the purchase process and before submitting the order, of all fees, taxes and costs (including, where applicable, delivery costs) that will be charged to them.
Prices on Twilead are shown excluding all applicable fees, taxes and costs.
The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or discount will always be subject to the eligibility criteria and terms and conditions set forth in the relevant section of Twilead.
Offers and discounts are always granted at the sole discretion of the Owner.
Repeated or recurring offers or discounts do not create any claim/title or right that users may assert in the future.
Depending on the case, discounts or offers are valid for a limited time or while stocks last. If an offer or discount is time-limited, time indications refer to the Owner’s time zone as set forth in the Owner’s location details in this document, unless otherwise specified.
Offers or discounts may be based on Coupons.
In the event of violation of the conditions applicable to the Coupons, the Owner may legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal measures to protect its rights and interests.
Notwithstanding the provisions below, any additional or divergent rules applicable to the use of the Coupon displayed in the relevant information page or on the Coupon itself will always prevail.
Unless otherwise stated, these rules apply to the use of Coupons:
Information about accepted payment methods is available during the purchase process.
Some payment methods may only be available subject to additional conditions or charges. In this case, the corresponding information can be found in the dedicated section of Twilead.
All payments are processed independently by third-party services. Therefore, Twilead does not collect any payment information – such as credit card details – but only receives a notification when the payment has been successfully completed.
If payment by available methods fails or is refused by the payment service provider, the Owner is not obliged to fulfill the order. All possible costs or charges resulting from the failure or refusal of payment are the responsibility of the User.
The User does not acquire any right to use the purchased Product until the full purchase price has been received by the Owner.
The purchased service must be performed or made available within the timeframes specified on Twilead or communicated prior to order submission.
Subscriptions allow users to receive a product on a continuous or regular basis for a specified period.
Paid subscriptions begin the day payment is received by the Owner.
In order to maintain subscriptions, Users must pay the required recurring fees in a timely manner. Failure to comply with this obligation may result in service interruptions.
Paid fixed-term subscriptions begin on the day the payment is received by the Owner and last for the subscription period chosen by the User or specified during the purchase process.
Once the subscription period has expired, the Product will no longer be accessible, unless the User renews the subscription by paying the corresponding fees.
Fixed-term subscriptions cannot be terminated prematurely and end when the subscription term expires.
Subscriptions renew automatically through the payment method the user chose during purchase, unless the user terminates the subscription within the termination periods specified in the relevant section of these Terms and/or or from Twilead.
The renewed subscription will have a duration equal to the initial duration.
The user will receive a reminder of the upcoming renewal with a reasonable advance, indicating the procedure to follow to cancel the automatic renewal.
Recurring subscriptions may be terminated at any time by sending a clear and unambiguous notice of termination to the Owner using the contact details provided in this document, or – if applicable – by using the corresponding controls in Twilead.
If the notice of termination is received by the Owner before the renewal of the subscription, the termination will take effect as soon as the current period is over.
Terms and Conditions Applying to Additional Features
Users who have an active subscription may purchase unique add-ons or additional features, described in the relevant section of Twilead.
Unless otherwise stated, these extras are subject to the same terms applicable to the main product, including all provisions of this document.
Disclaimer of Warranties
Twilead is provided strictly on an “as is” and “as available” basis. Use of the service is at the user’s own risk. To the fullest extent permitted by applicable law, the Owner expressly disclaims all conditions, representations and warranties – whether express, implied, statutory or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, obtained by User from Owner or through the Service shall create any warranty not expressly set forth herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-brands, partners, suppliers and employees do not warrant that the Content is accurate, reliable or correct; that the service will meet user requirements; that the service will be available at a specific time or location, without interruption or securely; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the user’s own risk and the user is solely responsible for any damage to the user’s computer system or mobile device or any loss of data resulting from such downloading or from the use of the Service by the user.
The Owner does not warrant, endorse or assume responsibility for any product or service advertised or offered by any third party through the Service or any hyperlinked website or service, and the Owner will not be a party to any transaction between Users and third-party providers of products or services, nor will it control it in any way.
The Service may become inaccessible or may not work properly with Users’ web browser, mobile device and/or operating system. The Owner shall not be liable for any perceived or actual damages arising from the content, operation or use of this Service.
The above exclusions may not apply to users. This Agreement gives users specific legal rights, and users may also have other rights which vary from state to state. The disclaimers and exclusions set forth in this Agreement do not apply to the extent prohibited by applicable law.
To the maximum extent permitted by applicable law, the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees shall in no event be liable for:
This limitation of liability section applies to the fullest extent permitted by law in the applicable jurisdiction, whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if the company has been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to User. The Terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions and limitations of liability set forth in the Terms do not apply to the extent prohibited by applicable law.
User agrees to defend, indemnify, and hold harmless Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees from and against all claims or demands , damages, obligations, losses, liabilities, costs or debts and expenses, including but not limited to legal fees and expenses, resulting from:
The Owner’s failure to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver shall be deemed a further or continuing waiver of this or any other provision.
In order to guarantee the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance operations, system updates or any other change, informing the Users in an appropriate manner.
Within the limits of the law, the Owner may also decide to suspend or terminate the Service. If the Service is terminated, the Owner will cooperate with Users to allow them to remove the Personal Data or information in accordance with applicable law.
Additionally, the Service may not be available for reasons beyond the Owner’s control, such as “force majeure” (e.g. labor action, infrastructure failures or power outages, etc.)
Users may not reproduce, duplicate, copy, sell, resell, or exploit any portion of Twilead and its Service without the prior written permission of the Owner, granted either directly or through a legitimate resale program.
To learn more about the use of their Personal Data, Users can refer to Twilead’s privacy policy.
Without prejudice to any more specific provision of these Terms, all intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to Twilead are the exclusive property of the Owner or of its licensors and are subject to the protection afforded by applicable laws or international treaties relating to intellectual property.
All trademarks – nominal or figurative – and all other trademarks, trade names, service marks, word marks, illustrations, images or logos appearing in connection with Twilead are, and remain, the exclusive property of the Owner or its licensors. and are subject to the protection afforded by applicable laws or international treaties relating to intellectual property.
The Owner reserves the right to amend or modify these Terms at any time. In this case, the Owner will appropriately inform the User of these changes.
These changes will only affect the relationship with the User for the future.
Continued use of the Service will signify User’s acceptance of the revised Terms. If the User does not wish to be bound by the modifications, he must stop using the Service. Failure to accept the revised terms may entitle either party to terminate the agreement.
The applicable previous version will govern the relationship prior to user acceptance. The User may obtain any previous version from the Owner.
If required by applicable law, the Owner will specify the date on which the amended Terms will become effective.
The Owner reserves the right to transfer, assign, dispose by novation or subcontract all or part of the rights or obligations arising from these Conditions, taking into account the legitimate interests of the User. The amendment provisions of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
All communications relating to the use of Twilead should be sent using the contact details provided in this document.
If any provision of these Terms is held or becomes invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the other provisions, which shall remain in full force and effect.
Any invalid or unenforceable provision will be construed, construed and reformed to the extent reasonably necessary to make it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between the Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including, but not limited to, all prior agreements, between the parties with regard to this object. These Terms will be enforced to the fullest extent permitted by law.
If any provision of these Terms is or is held to be void, invalid or unenforceable, the parties will use their best efforts to find, amicably, an agreement on valid and enforceable provisions replacing the void, invalid or unenforceable parts.
In the event of failure, the void, invalid or unenforceable provisions will be replaced by the applicable legal provisions, if the applicable law allows or stipulates it.
Without prejudice to the foregoing, the nullity, invalidity or impossibility of applying any particular provision of these conditions does not invalidate the entire agreement, unless the deleted provisions are essential to the agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would result in unacceptable harm to one of the parties.
These Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document, without taking into account principles of conflict of laws.
However, regardless of the foregoing, if the User qualifies as a European Consumer and has his or her habitual residence in a country where the law provides for a higher standard of consumer protection, such higher standards shall prevail.
The exclusive jurisdiction to decide any controversy arising from or related to these Terms belongs to the courts of the place where the Owner is established, as indicated in the relevant section of this document.
The foregoing does not apply to Qualified Users of European Consumers, or Consumers based in Switzerland, Norway or Iceland.
Each party specifically waives any right to a trial by jury in any court in any action or litigation.
Any claim under these Terms shall be dealt with individually and no party shall join in any class action or other proceeding with or on behalf of others.
This Agreement will remain in effect until terminated by Twilead or User. In the event of termination, the provisions contained in these Terms which, by their context, are intended to survive termination or expiration, shall survive, including, but not limited to, the following provisions:
Users may submit any dispute to the Owner who will endeavor to resolve it amicably.
Although users’ right to take legal action is never in question, in the event of any controversy regarding the use of Twilead or the Service, users are requested to contact the Owner at the contact details provided in this document.
The User may submit his complaint, including a brief description and, if applicable, the details of the order, purchase or account concerned, to the email address of the Owner specified in this document.
The Owner will deal with the complaint without undue delay and within 21 days of receipt.
Twilead (or this app)
The property that enables the provision of the Service.
OK
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Professional user
Any User who is not qualified as a consumer.
Coupon
Any code or voucher, in printed or electronic form, which allows the User to purchase the Product at a reduced price.
European (or Europe)
Applies when a User is physically present or has its registered office in the EU, regardless of nationality.
Owner (or Us)
Indicates the natural or legal person(s) providing Twilead and/or the Service to Users.
Product
A good or service available for purchase through Twilead, such as physical goods, digital files, software, reservation services, etc.
The sale of products may be part of the service.
Service
The service provided by Twilead as described in these Terms and on Twilead.
Terms
All provisions applicable to the use of Twilead and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
User (or You)
Indicates any natural or legal person using Twilead.
Consumer
Any User qualified as a natural person who accesses goods or services for personal use, or more generally, who acts for purposes unrelated to his trade, business, craft or profession.
Last update: June 16, 2021
