Twilead terms

These terms and conditions govern the use of Twilead, and any related agreements or legal relationships with the Owner in a legally binding manner.

The User should read this document carefully.

While the entire contractual relationship with respect to these Products is solely between Owner and Users, Users acknowledge and agree that, where Twilead has been provided to them via the Apple App Store, Apple may enforce these Terms as a third party beneficiary.

Twilead is provided by :

LeadIn SAS located in Corenc, France.

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;

What the user should know

Twilead uses automatic renewal for Product subscriptions. Information regarding (a) the renewal period, (b) termination details, and (c) termination notification can be found in the corresponding 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 to Users who are not considered Customers. Such limitations are always explicitly mentioned in each relevant clause.

In the absence of such a statement, the provisions apply to all Users.

Use of Twilead and the Service is limited by age: to access and use Twilead and its Service, the User must be an adult under applicable law.

Terms of use

Unless otherwise noted, 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, they 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;

Account registration

To use the Service, Users must register or create a User account, providing all required data or information in a complete and truthful manner.

Failure to do so 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 Owner via the contact information provided herein if they believe that their personal information, including but not limited to User accounts, access credentials, or personal data, has been breached, improperly disclosed, or stolen.

Termination of the account

Users may terminate their account and stop using the service at any time by doing the following:

Using the tools provided for account termination on Twilead.

Account Suspension and Deletion

The Owner reserves the right, in its sole discretion, to suspend or delete at any time and without notice, the accounts of Users that it deems inappropriate, offensive or in violation of these Terms.

Suspension or deletion of Users’ accounts does not entitle Users to any claims for compensation, damages or reimbursement.

Suspension or deletion of accounts for causes attributable to the User does not relieve the User from paying any applicable fees or charges.

Content of Twilead

Unless otherwise noted or clearly identifiable, 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 law or third party rights. However, it is not always possible to achieve such a result.

In such cases, without prejudice to the legal rights of users to assert their rights, users are requested to preferably report related complaints using the contact information provided in this document.

Twilead Content Rights - All rights reserved

The Owner owns and reserves all intellectual property rights to such content.

Therefore, Users may not use such content in any way that is not necessary or implied for the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limitations set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties, or create derivative works of the content available on Twilead, nor may they allow any third party to do so through the User or User’s device, even without the User’s knowledge.

Where explicitly stated on Twilead, User may download, copy, and/or share certain content available on Twilead for User’s own personal, non-commercial use only and provided that copyright and any other attributions requested by the Owner are properly implemented.

Any applicable legal limitations or exceptions to copyright remain unaffected.

Content provided by Users

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 are not violating any legal provisions and/or third party rights.

Rights to content provided by users

Users acknowledge and agree that by providing their own content on Twilead, they are granting 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 any moral rights in connection with the 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.

Responsibility for the content provided

Users are solely responsible for any content they upload, post, share or provide through Twilead. Users acknowledge and agree that Owner does not screen or moderate such content.

However, the Owner reserves the right to remove, delete, block, or correct such content at its own discretion and to deny, without notice, access to Twilead to the User who uploaded it:

  • If a complaint based on such content is received;
  • If a notice of infringement of intellectual property rights is received;
  • By order of a public authority; or
  • When the Owner is informed that the content, while accessible through Twilead, may pose a risk to Users, third parties and/or the availability of the Service.

Removal, deletion, blocking, or correction of content does not entitle Users who provided or are responsible for such content to any claims for compensation, damages, or refund.

Users agree to hold Owner harmless from any and all claims and/or damages suffered as a result of content they have provided to or through Twilead.

Access to external resources

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 not responsible for their content or availability.

The terms and conditions applicable to any resources provided by third parties, including those applicable to any grant of rights in the content, shall be governed by the terms and conditions of each such third party or, in the absence thereof, by applicable law.

Acceptable use

Twilead and the Service may only be used for the purpose for which it is intended, 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 laws, regulations, 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 any misconduct through Twilead or the Service to the appropriate authorities-such as judicial or administrative authorities-when Users engage or are suspected of engaging in any of the following activities:

  • Violate laws, regulations and/or these Terms;
  • Infringe the rights of a third party;
  • Substantially impair the legitimate interests of the Owner;
  • Offend the Owner or any other third party.

Affiliation and recommendation

Twilead offers Users the opportunity to receive benefits if, as a result of their recommendation, any new User purchases a Product offered on Twilead.

In order to take advantage of this offer, Users can invite others to purchase Products on Twilead by sending them a code provided by the Owner. These codes can only be used once.

If, when purchasing Products on Twilead, one of the invited persons uses the code, the inviting User will receive the benefit or advantage (such as: a price reduction, an additional service feature, an upgrade, etc.

Codes may be limited to specific products offered on Twilead.

The Owner reserves the right to terminate the offer at any time at its own discretion.

While there is no general limitation on the number of people who can be invited, the amount of benefit or advantage that each inviting user can receive may be limited.

Software license

All intellectual or industrial property rights, and all other proprietary rights, in the software or technical applications incorporated in or related to Twilead are owned by the Owner and/or its licensors.

Subject to Users’ compliance with, and notwithstanding anything to the contrary in these Terms, the Owner grants Users only a revocable, non-exclusive, non-sublicensable, non-transferable license to use the software and/or other technical means incorporated into the Service in connection with and for the purposes 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 documentation relating thereto are the sole property of the Owner or its licensors.

All rights and licenses granted to users terminate immediately upon termination or expiration of the agreement.

Terms of use of the API

Users may access their Twilead 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 bound by these Terms and, in addition, by the following specific terms:

User expressly understands and agrees that Owner assumes no responsibility and shall not be liable for any damage or loss resulting from User’s use of the API or User’s use of any third party product/service that accesses the data through the API.

GENERAL TERMS AND CONDITIONS OF SALE

Paid products

Some of the Products offered on Twilead as part of the Service are provided for a fee.

The fees, duration, and terms applicable to the purchase of these Products are described below and in the dedicated sections of Twilead.

User expressly understands and agrees that Owner assumes no responsibility and shall not be liable for any damage or loss resulting from User’s use of the API or User’s use of any third party product/service that accesses data through the API.

Description of the products

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 possible technical accuracy, the representation on Twilead by any means (including, where applicable, graphic material, images, colors, sounds) is for illustrative purposes only and does not imply any guarantee as to the characteristics of the Product purchased.

The characteristics of the Product chosen will be described during the purchase process.

Purchasing process

All steps from selecting a Product to submitting the order are part of the purchasing process. The purchase process includes the following steps:

Clicking on the checkout button, Users will open Stripe’s checkout section, where they will need to specify their contact information and a payment method of their choice.

After providing all the required information, Users must carefully review the order and then confirm and submit it using the appropriate button or mechanism on Twilead, thereby accepting these Terms and Conditions and agreeing to pay the agreed price.

Submission of the order

When the User submits an order, the following provisions apply:

The submission of an order determines the conclusion of the contract and therefore creates the obligation for the User to pay the price, taxes and any other fees and expenses, as specified on the order page.

If the purchased product requires an active contribution from the User, such as the provision of personal information or data, specifications or special wishes, the submission of the order obliges the User to cooperate accordingly.

Upon submission of 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.

Pricing

Users are advised during the purchase process and prior to order submission of all fees, taxes, and costs (including shipping, if applicable) that will be charged to them.

Prices on Twilead are displayed exclusive of all applicable fees, taxes and costs.

Offers and discounts

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 made at the sole discretion of the Owner.

Repeated or recurring offers or discounts do not create any claims/titles or rights that users may assert in the future.

As applicable, discounts or offers are valid for a limited time or while supplies last. If an offer or discount is time-limited, time indications refer to the Owner’s time zone, as indicated in the Owner’s location details in this document, unless otherwise stated.

Coupons

Offers or discounts may be based on Coupons.

In the event of a violation of the terms and conditions applicable to Coupons, the Owner may legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.

Notwithstanding the provisions below, any additional or differing rules applicable to the use of the Coupon displayed on the relevant information page or on the Coupon itself shall always prevail.

Unless otherwise specified, these rules apply to the use of Coupons:

  • Each Coupon is valid only when used in the manner and within the time period indicated on the website and/or the Coupon;
  • A Coupon may only be used in its entirety at the time of purchase – partial use is not permitted;
  • Unless otherwise specified, single-use Coupons can only be used once per purchase and therefore can only be applied once, even in the case of staggered purchases;
  • A Coupon may not be applied cumulatively;
    The Coupon must be used exclusively within the time period specified in the offer. After this period, the Coupon will automatically expire, excluding any possibility for the User to claim the corresponding rights, including refund;
  • The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the exchanged value;
  • The Coupon is intended for non-commercial use only. Any reproduction, counterfeiting and commercialization of the Coupon is strictly prohibited, as well as any illegal activity related to the purchase and/or use of the Coupon.

Methods of payment

Information on accepted payment methods is available during the purchase process.

Some payment methods may only be available subject to additional conditions or fees. 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 the available methods fails or is declined by the payment service provider, the Owner is not obligated to fulfill the order. Any costs or fees resulting from the failed or rejected payment are to be borne by the User.

Retention of rights of use

The User does not acquire any right to use the purchased Product until the full purchase price has been received by the Owner.

Execution of services

The purchased service must be performed or made available within the time frame specified on Twilead or communicated prior to submission of the order.

Duration of the contract

Subscriptions allow users to receive a product on an ongoing or regular basis for a specified period of time.

Paid subscriptions begin on 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 do so may result in service interruptions.

Fixed-term subscriptions

Paid subscriptions with a fixed term begin on the day 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 expires, the Product will no longer be accessible unless the User renews the subscription by paying the corresponding fee.

Term subscriptions cannot be terminated prematurely and expire at the end of the subscription term.

Automatic renewal

Subscriptions are renewed automatically through the payment method the user chose at the time of purchase, unless the user terminates the subscription within the termination periods specified in the corresponding section of these Terms and/or Twilead.

The renewed subscription will have a term equal to the initial term.

The user will receive a reminder of the upcoming renewal with a reasonable advance notice, indicating the procedure to cancel the automatic renewal.

Cancellation

Recurring subscriptions may be terminated at any time by sending a clear and unambiguous notice of termination to the Owner using the contact information provided in this document, or – if applicable – by using the corresponding controls in Twilead.

NOTICE OF TERMINATION

If notice of termination is received by Owner prior to the renewal of the subscription, the termination will be effective upon completion of the current term.

Terms and Conditions for Additional Features

Users who have an active subscription may purchase unique extras or additional features, described in the corresponding section of Twilead.

Unless otherwise noted, these extras are subject to the same terms and conditions applicable to the main product, including all provisions of this document.

Liability and compensation

Disclaimer of warranties

Twilead is provided strictly on an “as is” and “as available” basis. Use of the service is at the users own risk. To the fullest extent permitted by applicable law, 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 stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, and employees do not warrant that the Content is accurate, reliable, or correct; that the Service will meet the requirements of users; that the Service will be available at any particular time or location without interruption or in a secure manner; 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 loss of data that results from such downloading or use of the Service by the user.

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 Owner will not be a party to or control in any way any transaction between Users and third party product or service providers.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device and/or operating system. 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 that vary from state to state. The disclaimers and exclusions in this Agreement do not apply to the extent prohibited by applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:

  • Any indirect, punitive, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or in connection with the use or inability to use the Service; and
  • Any damage, loss or injury resulting from hacking, tampering or other unauthorized access to or use of the Service or User’s account or information contained therein;
    Any error, mistake or inaccuracy in the content;
  • Bodily injury or property damage of any kind resulting from User’s access to or use of the Service;
  • Any unauthorized access to or use of the Owner’s secure servers and/or any personal information stored thereon;
  • Any interruption or termination of transmission to or from the Service;
  • Any bugs, viruses, Trojan horses or similar items that may be transmitted to or through the Service;
  • Any errors or omissions in any Content or any loss or damage resulting from the use of any
  • Content posted, emailed, transmitted or otherwise made available through the Service; and/or
  • Defamatory, offensive or illegal conduct of any User or third party. In no event shall Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses, or costs in excess of the amount paid by User to Owner hereunder during the preceding 12 months, or the term of this Agreement between Owner and User, whichever is shorter.

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 that vary from jurisdiction to jurisdiction. The disclaimers, exclusions and limitations of liability in the Terms do not apply to the extent prohibited by applicable law.

Compensation

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 any and all claims or demands, damages, obligations, losses, liabilities, costs or debts and expenses, including, but not limited to, legal fees and expenses, resulting from:

User’s use of and access to the Service, including any data or content transmitted or received by User;
User’s breach of these Terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these Terms;
User’s violation of any third party’s rights, including, but not limited to, any privacy or intellectual property rights;
User’s violation of any law, rule or regulation;
Any content submitted from User’s account, including third party access with User’s unique username, password or other security measures, if any, including, but not limited to, misleading, false or inaccurate information;
User’s intentional misconduct; or
Legal action by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent permitted by applicable law.

Common Provisions - No Waiver

The failure of Owner to assert 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 such provision or any other provision.

Interruption of service

In order to ensure the highest possible level of service, the Owner reserves the right to interrupt the Service for maintenance, system upgrades or any other changes, notifying Users accordingly.

To the extent permitted by law, the Owner may also decide to suspend or terminate the Service. If the Service is terminated, Owner will cooperate with Users to allow them to remove Personal Data or information in accordance with applicable law.

In addition, the Service may not be available for reasons beyond the Owner’s control, such as “force majeure” (e.g., labor actions, infrastructure failures or power outages, etc.).

Resale of the service

Users may not reproduce, duplicate, copy, sell, resell, or exploit any part of Twilead and its Service without the prior written permission of the Owner, granted either directly or through a legitimate reseller program.

Privacy Policy

To learn more about how their Personal Information is used, Users may refer to Twilead’s privacy policy.

Intellectual property rights

Without prejudice to any more specific provisions 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 its licensors and are subject to protection under applicable laws or international treaties relating to intellectual property.

All trademarks, whether nominal or figurative, and all other trademarks, trade names, service marks, word marks, designs, 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.

Changes to these Terms

The Owner reserves the right to amend or modify these Terms at any time. In this case, the Owner will inform the User of these changes in an appropriate manner.

These changes will affect the relationship with the User only for the future.

Continued use of the Service will signify User’s acceptance of the revised Terms. If User does not wish to be bound by the changes, User must discontinue use of the Service. Failure to accept the revised Terms may allow either party to terminate the agreement.

The previous applicable version will govern the relationship prior to User’s acceptance. User may obtain any previous version from Owner.

If required by applicable law, the Owner will specify the date on which the amended Terms will become effective.

Assignment of the contract

The Owner reserves the right to transfer, assign, dispose of 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 provisions relating to changes to these Terms shall apply accordingly.

Users may not assign or transfer their rights or obligations under these Conditions in any manner whatsoever without the written permission of the Owner.

Contacts

All communications regarding the use of Twilead should be sent using the contact information provided in this document.

Divisibility

If any provision of these Terms is held or becomes invalid or unenforceable under applicable law, the invalidity or unenforceability of that provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

French users

Any invalid or unenforceable provision shall be construed, interpreted 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 Users and 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 respect to such subject matter. These Terms shall be enforced to the fullest extent permitted by law.

EU users

If any provision of these Terms is or is deemed to be void, invalid or unenforceable, the parties will use their best efforts to mutually agree upon valid and enforceable provisions replacing the void, invalid or unenforceable portions.

In the event of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable legal provisions, if permitted or required by applicable law.

Without prejudice to the foregoing, the nullity, invalidity or unenforceability of any particular provision of these terms and conditions shall 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 agreement had they known that the provision would be invalid, or where the remaining provisions would result in unacceptable harm to either party.

Applicable law

These Terms and Conditions shall be governed by the law of the place where the Owner is located, as indicated in the relevant section of this document, without regard to conflict of laws principles.

Exception for European consumers

However, regardless of the foregoing, if the User qualifies as a European Consumer and is ordinarily resident in a country where the law provides for a higher standard of consumer protection, such higher standards shall prevail.

Place of jurisdiction

The exclusive jurisdiction to decide any controversy arising out of or in connection with these Terms and Conditions shall be the courts of the place where the Owner is established, as indicated in the relevant section of this document.

Exception for European consumers

The foregoing does not apply to Users qualified as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.

French users

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 handled individually and no party shall join in any class action or other proceeding with or on behalf of any other person or entity.

Surviving Provisions

This Agreement will remain in effect until terminated by Twilead or User. In the event of termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including, but not limited to, the following provisions:

  • User’s grant of licenses under these Terms shall survive indefinitely;
  • User’s indemnification obligations shall survive for a period of five years from the date of termination;
  • The disclaimer of warranties and representations, and the provisions of the section containing the indemnification and limitation of liability provisions, shall survive indefinitely.

Dispute Resolution

Users may submit any dispute to the Owner, who will attempt to resolve it amicably.

While Users’ right to take legal action is never in question, in the event of a controversy regarding the use of Twilead or the Service, Users are asked to contact the Owner at the contact information provided in this document.

The User may submit his or her complaint, including a brief description and, if applicable, details of the order, purchase, or account involved, to the Owner’s email address specified in this document.

The Owner will process the complaint without undue delay and within 21 days of receipt.

Definitions and legal references

Twilead (or this Application)

The property that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Professional User

Any User who does not qualify as a consumer.

Coupon

Any code or voucher, in printed or electronic form, that 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 We)

Indicates the person(s) or entity(ies) that provide 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 terms and conditions 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)

Means any individual or entity using Twilead.

Consumer

Any User who qualifies as a natural person who accesses goods or services for personal use, or more generally, who is acting for purposes unrelated to his or her trade, business, craft, or profession.

Last update: June 16, 2021