Date of last revision: 03 May 2023.
These Terms describe the terms and conditions pursuant to which you (“You” or “User”) can use the Application(s) (as defined below).
The use of the Application shall be governed by these Terms. The general terms and conditions of a User are not applicable and are therefore explicitly excluded, even if such general terms and conditions would contain a similar clause.
Article 14 provides for the definitions that apply to these Terms.
You are granted a restricted, personal, non-exclusive, non-transferable, non-assignable license, without the right to sub-license, for the term of the License Agreement to have restricted access to the Service, or in the event of the Admin Portal, for an indefinite term.
Use of the Account
You shall be solely responsible for maintaining the confidentiality and security of your Account login information such as your password (“Account Information”) and you shall be fully responsible for all activities that occur under your Account. You agree to immediately notify Twikit of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Twikit will not be liable for any loss or damage arising from your failure to comply with the requirements set out in this section 4.
Intellectual Property Rights
Suspension for breach
Warranties and disclaimers
- Twikit does not make any, whether explicit or implicit, warranties regarding the availability of the Application other than as set out in the License Agreement.
- Twikit makes no (and hereby disclaims all) other warranties, covenants or representations, or conditions, whether written, oral, express or implied including, without limitation, any implied warranties of satisfactory quality, course of dealing, trade usage or practice, merchantability, suitability, availability, title, non-infringement or fitness for a particular use or purpose, with respect to the use, misuse, or inability to use the Application, the Services and your Account or any other products or services provided to the User by Twikit. Twikit does not warrant that all errors can be corrected, or that access to or operation of the Application or your Account shall be uninterrupted, secure, or error-free.
- The User represents and warrants to Twikit that it is the owner of the User Data, and that any User Data provided by the User is accurate and truthful and that the User Data shall not (i) infringe any intellectual property rights of Third Parties, (ii) be deceptive, defamatory, or unlawful; (iii) contain any viruses, worms or other malicious computer programming codes intended to damage Twikit’s system or data; or (iv) otherwise violate the rights of a Third Party. The User acknowledges and agrees that Twikit is not obligated to back up any information stored on your Account. You agree that any use of the Application, the Services or your Account contrary to or in violation of these representations and warranties shall constitute unauthorized and improper use of the Application, the Services or your Account for which Twikit cannot be held liable.
Changes to the Application
- Any such amendments or changes made will be effective immediately upon us making such changes available on the Application or otherwise providing notice thereof. You agree that your continued use of the Application or your Account after such changes constitutes your acceptance of such changes.
- “Account” means your personal account that you created by following the registration process on the Application;
- “Account Information” shall have the meaning as set out in Article 4;
- “Application” shall mean Twikit Live, Twikit Create Twikit Admin Portal, and TwikFit;
- “Customer” means the customer of Twikit that entered into a License Agreement;
- “Documentation” means the user documentation associated with the Application to facilitate the use of the Application, provided to the User by Twikit in paper or electronic form;
- “License Agreement” means the agreement concluded between Twikit and the Customer;
- “Services” means the Twikit services offered to the Customer and/ or the Users, as the case may be;
- “Third Parties” means any natural or legal person or entity other than Twikit; and
- “Users” shall have the meaning as set out in Article 1.