1. Your Privacy
a. Your privacy is important to us. Please read https://www.twinzo.eu/privacy-policy (the "Privacy Statement") as it describes the types of data we collect from you and your devices ("Data"), how we use your Data, and the legal bases we have to process your Data. The Privacy Statement also describes how company 5.0 technologies j.s.a., with its registered seat at Nezábudkova 8, 929 01 Dunajská Streda, Slovakia, ID No. 54 530 300, registered in the Commercial Register of the District Court Trnava, Section: Sja, Insert No. 29/T] (“twinzo”) uses your content, which is your communications with others, postings submitted by you to twinzo via digital twin services offered by twinzo, including associated integration/configuration, and/or hardware delivery, software license(s) and cloud hosting associated with individual licenses and/or products, websites, and services - as specified in Your confirmed purchase order(s) (“Services”) and the files, photos, documents, audio, digital works, live streams and videos that you upload, store, broadcast, create, generate, or share through the Services, or inputs that you submit in order to generate content ("Your Content"). Where processing is required to be based on consent and to the extent permitted by law, by agreeing to these Terms, you consent to twinzo’s collection, use, and disclosure of Your Content and Data as described in the Privacy Statement. In some cases, we will provide separate notice and request your consent as referenced in the Privacy Statement.
b. With respect to the Data, twinzo acts as data controller only in relation to the personal information needed for your identification as our contractual partner and for identification of the administrators appointed by you with respect to the Services. Twinzo may use such identification data also for delivery of notifications regarding the Services, educational purposes and/or marketing activities. By making the order you agree to use the identification data for educational and marketing purposes; you can always unsubscribe from receiving such correspondence. Other than stated, twinzo does not require and does not expect to process any personal data contained within Your Content with respect to the Services. twinzo strictly encourages you to consider whether naming specific private individuals from your organization or other third parties is necessary to use the Services. Twinzo also encourages you to use pseudonymization techniques to protect personal data of your administrators or employees affected by the Services.
c. While not intended, we acknowledge that under certain circumstances we may be asked to process personal data contained in Your Content on your behalf. In such situations twinzo will act as your data processor and our relationship will be governed by the following data processing agreement (“Data Processing Agreement”):
c1. You remain responsible for compliance with the applicable legal framework, including the Regulation of the European Parliament and the Council (EU) 2016/679 (“GDPR”) regarding processing of personal data of the data subjects included in Your Content, including determination of the appropriate legal basis for such processing, fulfilment of all duties towards the data subjects and maintenance of all documentation required by the GDPR.
c2. twinzo shall only process personal data based on your detailed written instructions; twinzo may refuse to follow such instructions, if in the opinion of twinzo, these would lead to processing incompliant with the GDPR or other applicable legislation. Twinzo shall notify of any deemed non-compliance regarding processing of the personal data, to the extent twinzo is reasonably able to identify such non-compliance.
c3. When processing personal data, twinzo shall act in compliance with the GDPR and any other applicable legislation. Twinzo shall not be obliged to verify accuracy of any personal data processed with respect to the Services.
c4. Twinzo undertakes to protect any personal data processed by twinzo under this Data Processing Agreement using the appropriate safety requirements in line with Article 32 of the GDPR. Any changes to the measures adopted shall be notified to you without undue delay.
c5. Twinzo shall ensure that any person processing the personal data is bound by appropriate confidentiality undertaking.
c6. Twinzo may use third parties to process the personal data, if it ensures at least the same level of protection, as if processed by twinzo.
c7. Considering the circumstances of processing and role of twinzo, twinzo shall provide you with reasonably requested information and assistance with respect to fulfillment of your statutory duties with respect to the processing of personal data and particularly when dealing with data subjects’ requests. twinzo remains supportive for any data processing audit you may decide to carry out, provided it does not affect twinzo’s operations and provided that appropriate security measures are put in place.
c8. Unless required by law or necessary to protect twinzo’s rights and interests, following your written instruction, twinzo shall delete or return to you (to the extent possible) all copies of personal data available at the information systems of twinzo.
c9. The Data Processing Agreement is effective as of the day of confirmed purchase and remains in effect throughout duration of the Services.
2. Your Content
Many of our Services allow you to create, store or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains yours and you are responsible for it.
a. When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, broadcast, transmit, share, and display Your Content for the purpose that you made Your content available on the Services, without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is uploaded, stored, or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. Twinzo does not own, control, verify, pay for, endorse, or otherwise assume any liability for Your Content and cannot be held responsible for Your Content or the material others upload, store or share using the Services.
b. To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve twinzo products and Services, you grant to twinzo a worldwide, perpetual, royalty-free, non-exclusive intellectual property license to use Your Content, for example, to make copies of, retain, transmit, reformat, modify (adapt/create derivative works), display, and distribute via communication tools Your Content on the Services and/or to be used, adapted or modified by twinzo in anonymized way to create anonymized insights into digital twin performance and industrial insights. If you publish Your Content in areas of the Service where it is available broadly online without restrictions, Your Content may appear in demonstrations or materials that promote the Service.
3. Code of Conduct
You are accountable for your conduct and content when using the Services.
a. By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:
i. Don’t do anything illegal or try to generate or share content that is illegal.
ii. Don’t engage in any activity that exploits, harms, or threatens to harm children.
iii. Don’t send spam or engage in phishing or try to generate or distribute malware. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), instant messages, or similar electronic communications. Phishing is sending emails or other electronic communications to fraudulently or unlawfully induce recipients to reveal personal or sensitive information, such as passwords, dates of birth, birth registration numbers, Social Security numbers, passport numbers, credit card information, financial information, or other sensitive information, or to gain access to accounts or records, exfiltration of documents or other sensitive information, payment and/or financial benefit. Malware includes any activity designed to cause technical harm, such as delivering malicious executables, organizing denial of service attacks, or managing command and control servers.
iv. Don’t publicly display or use the Services to generate or share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, self-harm, or criminal activity) or Your Content or material that does not comply with local laws or regulations.
v. Don’t engage in activity that is fraudulent, false, or misleading (e.g., asking for money under false pretenses, impersonating someone else, creating fake accounts, automating inauthentic activity, generating, or sharing content that is intentionally deceptive, manipulating the Services to increase play count, or affect rankings, ratings, or comments) or libelous or defamatory.
vi. Don’t circumvent any restrictions on access to, usage, or availability of the Services (e.g., attempting to “jailbreak” an AI system or impermissible scraping).
vii. Don’t engage in activity that is harmful to you, the Services, or others (e.g., transmitting viruses, stalking, trying to generate or sharing content that harasses, bullies, or threatens others, posting terrorist or violent extremist content, communicating hate speech, or advocating violence against others).
viii. Don’t violate or infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale, or other distribution of software, or taking photographs or video/audio recordings of others without their consent for processing of an individual’s biometric identifiers/information or any other purpose using any of the Services).
ix. Don’t engage in activity that violates the privacy or data protection rights of others.
x. Don’t help others break these rules.
4. Using the Services & Support
a. twinzo account. You’ll need a twinzo account to access many of the Services. Your twinzo account lets you sign in to products, websites and Services provided by twinzo and some twinzo partners.
i. Creating an Account. You can create a twinzo account by signing up online. You agree not to use any false, inaccurate, or misleading information when signing up for your twinzo account. In some cases, a third party, like your Integration Service provider or value-added reseller, may have assigned a twinzo account to you. If you received your twinzo account from a third party, the third party may have additional rights over your account, like the ability to access or delete your twinzo account. Please review any additional terms the third party provided you, as twinzo has no responsibility regarding these additional terms. If you create a twinzo account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms. You cannot transfer your twinzo account credentials to another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your twinzo account.
ii. Account Use. You must use your twinzo account to keep it active. This means you must sign in at least once in a two-year period to keep your twinzo account, and associated Services, active, unless a longer period is provided in the twinzo account activity policy at twinzo.eu or in an offer for a paid portion of the Services. If you don’t sign in during this time, we will assume your twinzo account is inactive and will close it for you. Please see section 4.a.iv.2 for the consequences of a closed twinzo account. If we reasonably suspect that your twinzo account is at risk of being used by a third party fraudulently (for example, as a result of an account compromise), twinzo may suspend your account until you can reclaim ownership. Based on the nature of the compromise, we may be required to disable access to some or all of Your Content. If you are having trouble accessing your twinzo account, please visit this website: HELPDESK.
iii. Kids and Accounts. By creating a twinzo account or using the Services, you accept and agree to be bound by these Terms and represent that you have either reached the age of "majority" or "legal responsibility" where you live, or your parent or legal guardian agrees to be bound by these Terms on your behalf. If you do not know whether you have reached the age of "majority" or "legal responsibility" where you live, or do not understand this section, please ask your parent or legal guardian for help. If you are the parent or legal guardian of a minor, you and the minor accept and agree to be bound by these Terms and are responsible for all use of the twinzo account or Services, including purchases, whether the minor’s account is now open or created later.
iv. Closing Your Account.
1. You can cancel specific Services or close your twinzo account at any time and for any reason. To close your twinzo account, please visit HELPDESK. When you ask us to close your twinzo account, you can choose to put it in a suspended state for either 30 or 60 days just in case you change your mind. After that 30- or 60-day period, your twinzo account will be closed. Please see section 4.a.iv.2 below for an explanation as to what happens when your twinzo account is closed. In case you decide to continue using of the account, you have to notify us using help desk here: HELPDESK otherwise your account will be suspended according to the original request.
2. If your twinzo account is closed (whether by you or us), a few things happen. First, your right to use the twinzo account to access the Services stops immediately. Second, we’ll delete Data or Your Content associated with your twinzo account or will otherwise disassociate it from you and your twinzo account (unless we are required by law to keep it, return it, or transfer it to you, or a third party identified by you). You should have a regular backup plan as twinzo won’t be able to retrieve Your Content or Data once your account is closed. Third, you may lose access to products you’ve acquired.
b. Moderation and Enforcement. Many of our Services that allow you to interact, create, generate, and share content with others leverage safety systems to protect our Services and other users.
i. Policies. Our Code of Conduct identifies what’s prohibited when using our Services. Specific Services have additional policies and community standards applicable to their users, which are shared with the purchase or use of such service.
ii. Reporting a Concern. You can report concerning content or conduct that may violate our Code of Conduct https://www.twinzo.eu/helpdesk.
iii. Review. Where applicable, we may use automated systems and humans to review content to identify suspected spam, viruses, fraud, phishing, malware, jailbreaking, or other illegal or harmful content or conduct.
iv. Enforcement. We reserve the right to deny content if it exceeds limits on storage or file size allowed by the Service. We may block, remove, or decline to display content if it appears to violate our Code of Conduct or another Service policy or where required by law. If you violate these terms or any of the Terms, we may take action against your account. This could include limiting access to certain features or Services, stopping providing Services, closing your twinzo account immediately or blocking delivery of a communication (like email, file sharing or instant message) to or from the Services. Closure of your access to a Service or your account may result in forfeiture of content licenses, associated content, memberships, and twinzo account balances associated with the account. When reviewing alleged violations of these Terms, twinzo reserves the right to review content to resolve the issue. However, we cannot monitor the entire Services and make no attempt to do so.
c. Work or School Accounts. You can sign into certain twinzo Services with a work or school email address. If you do, you agree that the owner of the domain associated with your email address may be notified of the existence of your twinzo account and its associated subscriptions, control and administer your account, and access and process your Data, including the contents of your communications and files, and that twinzo may notify the owner of the domain if the account or Data is compromised. You further agree that your use of the twinzo Services may be subject to the agreements twinzo has with you or your organization and these Terms may not apply. If you already have a twinzo account and you use a separate work or school email address to access Services covered under these Terms, you may be prompted to update the email address associated with your twinzo account in order to continue accessing such Services.
d. Additional Equipment/Data Plans. To use many of the Services, you’ll need an internet connection and/or data/cellular plan. You might also need additional equipment, like a IoT sensors, RTLS technologies, computers or smart phones and others. You are responsible for providing all connections, plans, and equipment needed to use the Services and for paying the fees charged by the provider(s) of your connections, plans, and equipment. Those fees are in addition to any fees you pay us for the Services and we will not reimburse you for such fees. Check with your provider(s) to determine if there are any such fees that may apply to you.
e. Service Notifications. When there’s something we need to tell you about a Service you use, we’ll send you Service notifications. If you gave us your email address or phone number in connection with your twinzo account, then we may send Service notifications to you via email or via SMS (text message), including to verify your identity before registering your mobile phone number and verifying your purchases. We may also send you Service notifications by other means (for example by in-product messages). Data or messaging rates may apply when receiving notifications via SMS.
f. Support. Customer support for some Services is available at HELPDESK. Certain Services may offer separate or additional customer support, subject to the terms, unless otherwise specified. Support may not be available for preview or beta versions of features or Services. The Services might not be compatible with software or Services provided by third parties, and you are responsible for familiarizing yourself with compatibility requirements.
g. For consumers living in Australia: If you are using a good or service that is subject to the Telecommunications Consumer Protection Code, you are entitled to use an Advocate to communicate with twinzo; a person acting as your Advocate has no power to act on your behalf or access your information without your presence and agreement to such action. You are also entitled to appoint an Authorized Representative who has the power to access your information and act on your behalf as your agent.
h. Ending your Services. If your Services are canceled (whether by you or us), first your right to access the Services stops immediately and your license to the software related to the Services ends. Second, we’ll delete Data or Your Content associated with your Service or will otherwise disassociate it from you and your twinzo account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). As a result you may no longer be able to access any of the Services (or Your Content that you’ve stored on those Services). You should have a regular backup plan. Third, you may lose access to products you’ve acquired. If you have canceled your twinzo account and have no other account able to access the Services your Services may be canceled immediately.
5. Using Third-Party Apps and Services
6. Service Availability
a. The Services, Third-Party Apps and Services, or material or products offered through the Services may be unavailable from time to time, may be offered on a limited basis, or may vary depending on your region or device. If you change the location associated with your twinzo account, you may need to re-acquire the material or applications that were available to you and paid for in your previous region. You agree not to access or use material or Services which are illegal or not licensed for use in the country from which you access or use such material or Services, or to conceal or misrepresent your location or identity in order to access or use such material or Services.
b. For any licenses (Licenses) assigned to on-premises or private cloud deployments, we do not assume any liability for any service disruptions which are sole responsibility of a third-party infrastructure provider that is providing such services to you.
c. We strive to keep the Services up and running; however, all online Services suffer occasional disruptions and outages, and twinzo is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you’ve stored. We recommend that you regularly backup Your Content and Data that you store on the Services or store using Third-Party Apps and Services.
d. You may be eligible to purchase extended Service Level Agreement from us. Such agreement is made on case-by-case basis and is up to twinzo’s discretion to evaluate your eligibility for such agreement and can include premium cloud hosting.
e. In respect to any free cloud hosting provided as part of the Services, we reserve the right to apply Fair Use Policy and, at any time and without prior warning, limit or deny the functionality of the Service (or any part thereof) or access to or performance of your Content and/or twinzo account, in case your usage exceeds Fair Use Policy and/or may have any negative impact on the content, ability to use, functionality of Services and/or user experience of other users using the underlying infrastructure required for provision of Services.
7. Updates to the Services or Software, and Changes to These Terms
a. We may change these Terms at any time, and we will notify you by email, or other reasonable manner, at least  days before the change is proposed to take effect. Current version is available at https://twinzo.eu/terms. Using the Services after the respective changes of the Terms become effective means you agree to the new terms as proposed. If you do not agree to the change, you must cancel and stop using the Services and close your twinzo account or terminate the Terms before the proposed change of Terms takes effect and, if you are a parent or guardian, help your minor child close his or her twinzo account.
b. Sometimes you will need software updates to keep using the Services. We may automatically check your version of the software and download software updates or configuration changes. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. Twinzo isn't obligated to make any updates available and doesn't guarantee that we will support the version of the system for which you purchased or licensed the software, apps, content, or other products. Such updates may not be compatible with software or Services provided by third parties. You may withdraw your consent to future software updates at any time by uninstalling the software.
c. Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service or access to Third-Party Apps and Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material or applications previously purchased. We may release the Services or their features in a preview or beta version, which may not work correctly or in the same way the final version may work.
8. Software License
Unless accompanied by a separate twinzo license agreement, any software provided by us to you as part of the Services is subject to these Terms; these Terms automatically and in its entirety supersede and replace existing rights and obligations arising out of End-User License Agreement(s) concluded between you and twinzo for any unpaid/free software/services with the rights and obligations under these Terms. Applications acquired through certain Stores owned or operated by twinzo or its affiliates are subject to section 13.b.i below.
a. If you comply with these Terms, subject to Fair Use Policy, payment of applicable Charges and throughout provision of Services, we grant you a non-exclusive, worldwide license to install and use copy of the software forming part of the Services for internal business purposes on any devices owned or leased by you that is operated by you, your employee or supplier as part of your use of the Services. For certain devices, such software may be pre-installed for your use of the Services; certain functionality of the software within Services may be accessible only upon payment of the respective Charges indicated prior to purchase. The software or website that is part of the Services may include third-party code. Any third-party scripts or code, linked to or referenced from the software or website, are licensed to you by the third parties that own such code, not by twinzo. Notices, if any, for the third-party code are included for your information only.
b. The software is licensed, not sold, and twinzo reserves all rights to the software not expressly granted by twinzo, whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not:
i. circumvent or bypass any technological protection measures in or relating to the software or Services;
ii. disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so;
iii. separate components of the software or Services for use on different devices;
iv. publish, copy, rent, lease, sell, export, import, distribute, or lend the software or the Services, unless twinzo expressly authorizes you to do so;
v. transfer the software, any software licenses, or any rights to access or use the Services;
vi. use the Services in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network;
vii. resell, sublicense, distribute, or otherwise transfer the software to any third party.
Any violation of the Terms above shall be grounds for immediate termination of the respective license/and or Service as well as the Terms by us.
9. Payment Terms
If you purchase a Service, then these payment terms apply to your purchase and you agree to them.
a. Charges. If there is a charge associated with a portion of the Services, you agree to pay that charge in the currency specified. The price stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges. Taxes are calculated based on your location at the time your twinzo account was registered unless local law requires a different basis for the calculation. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content. Connecting to the Internet via a corporate or other private network that masks your location may cause charges to be different from those displayed for your actual location. Depending on your location, some transactions might require foreign currency conversion or be processed in another country. Your bank might charge you additional fees for those Services when you use a debit or credit card. Please contact your bank for details.
b. Your Billing Account. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. For all Services, you can access and change your billing information and payment method on the twinzo account management website https://www.twinzo.eu/my. Additionally, you agree to permit twinzo to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
c. Billing. By providing twinzo with a payment method, you (i) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate; (ii) authorize twinzo to charge you for the Services or available content using your payment method; and (iii) authorize twinzo to charge you for any paid feature of the Services you choose to sign up for or use while these Terms are in force. As specified at the time of the order/purchase, we may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed.
d. Recurring Payments. When you purchase the Services on a subscription basis (e.g., monthly, every 3 months or annually), you agree that you are authorizing recurring payments, and payments will be made to twinzo by the method and at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by twinzo. You must cancel your Services before the next billing date to stop being charged to continue your Services. We will provide you with instructions on how you may cancel the Services. By authorizing recurring payments, you are authorizing twinzo to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (for Automated Clearing House or similar payments), or as charges to your designated account (for credit card or similar payments) (collectively, "Electronic Payments"). Subscription fees are generally charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, twinzo or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and process any such payment as an Electronic Payment.
e. Online Statement, Invoicing and Errors. You agree that any invoice for Services (or any part thereof) can be issued by us and received by you in electronic format (via email or otherwise); due date for payment shall be specified either at the time of the order/purchase of the Services or directly on respective invoice (whichever is longer); if due date is absent, it is considered to be the day of the order/purchase of the Service(s). For particular Services, twinzo may provide you with an online billing statement on the https://www.twinzo.eu/my where you can view and print your statement. If we make an error on your bill, you must tell us within 90-days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we won't be required to correct the error or provide a refund, unless otherwise required by law. If twinzo has identified a billing error, we will correct that error within 90-days. This policy does not affect any statutory rights that may apply.
f. Refund Policy. Unless otherwise provided by law or the terms of a particular Service offer, all purchases are final and non-refundable. If you believe that twinzo has charged you in error, you must contact us within 90-days of such charge. No refunds will be given for any charges more than 90-days old, unless otherwise required by law. We reserve the right to issue refunds or credits at our sole discretion unless otherwise required by law. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply. If you live in Taiwan or Israel, please note that according to the Consumer Protection Act and its relevant regulations, all purchases pertaining to digital content provided via intangible form and/or on-line Services are final and non-refundable when such content or service has been provided on line. You are not entitled to claim any cooling off period or any refund.
g. Canceling the Services. You may cancel a Service at any time, with or without cause. Cancelling paid Services stops future charges to continue the Service. To cancel a Service and request a refund, if you are entitled to one, visit the twinzo account management website. You should refer back to the offer describing the Services as (i) you may not receive a refund at the time of cancellation; (ii) you may be obligated to pay cancellation charges; (iii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation; and (iv) you may lose access to and use of your account when you cancel the Services; or, if you live in Taiwan or Israel, (v) you may receive a refund in the amount equal to the unused fees you paid for a Service calculated at the time of cancellation. Please contact a twinzo representative by telephone to obtain a refund if you are eligible for it. We will process your Data as described above in section 4. If you cancel, your access to the Services ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled. If you initiate a chargeback or reversal with your bank for your payment of Services, we will deem you to have canceled as of the date that the original payment was made, and you authorize us to immediately cancel your service and/or revoke any content that was provided to you in exchange for such payment.
h. Trial-Period Offers. If you are taking part in any trial-period offer, you may be required to cancel the trial Service(s) within the timeframe communicated to you when you accepted the offer in order to avoid being charged to continue the Service(s) at the end of the trial period.
i. Promotional Offers. From time to time, twinzo may offer Services for free for a trial period. twinzo reserves the right to charge you for such Services (at the normal rate) if twinzo determines (in its reasonable discretion) that you are abusing the terms of the offer.
j. Price Changes. We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email, or other reasonable manner, at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.
k. Payments to You. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. Subject to applicable law, you are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment.
m. Bank Account Payment Method. You may register an eligible bank account with your twinzo account to use it as a payment method. Eligible bank accounts include accounts held at a financial institution capable of receiving direct debit entries (e.g., a United States-based financial institution that supports automated clearing house ("ACH") entries, a European financial institution that supports Single Euro Payments Area ("SEPA") or "iDEAL" in the Netherlands). Terms you agreed to when adding your bank account as a payment method in your twinzo account (e.g., the "mandate" in the case of SEPA) also apply. You represent and warrant that your registered bank account is held in your name or you are authorized to register and use this bank account as a payment method. By registering or selecting your bank account as your payment method, you authorize twinzo (or its agent) to initiate one or more debits for the total amount of your purchase or subscription charge (in accordance with the terms of your subscription service) from your bank account (and, if necessary, initiate one or more credits to your bank account to correct errors, issue a refund or similar purpose), and you authorize the financial institution that holds your bank account to deduct such debits or accept such credits. You understand that this authorization will remain in full force and effect until you remove your bank account information from your twinzo account. Contact customer support as outlined above in section 4.f as soon as possible if you believe you have been charged in error. Laws applicable in your country may also limit your liability for any fraudulent, erroneous or unauthorized transactions from your bank account. By registering or selecting a bank account as your payment method, you acknowledge that you have read, understand and agree to these Terms.
10. Contracting Entity, Choice of Law, & Location for Resolving Disputes
These Terms, including their interpretation and claims for their breach, shall be governed by the laws of the Slovak Republic, regardless of conflict of law principles. Any dispute arising out of or in connection with these Terms or the Services, including any question regarding their existence, validity, or termination, will be referred to and finally resolved by courts of Slovakia.
Notwithstanding anything to the contrary contained herein, these Terms shall be effective to the extent permitted by applicable law. Any change of these Terms (and any change in the amount to be charged for recurring subscription Services, if applicable) shall be made in accordance with the requirements of law.
a. TWINZO, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." TWINZO DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM COMPUTER NETWORKS.
b. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT.
c. For consumers living in Australia: Our goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
d. For consumers living in New Zealand, you may have statutory rights under the New Zealand Consumer Guarantees Act, and nothing in these Terms is intended to affect those rights.
12. Limitation of Liability
a. If you have any basis for recovering damages (including breach of these Terms), to the maximum extent permitted by the applicable law, you agree that your exclusive remedy is to recover, from twinzo (or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors – as applicable), direct damages up to an amount equal to 1/12 from the total annual Services fee payable by you in corresponding 12-months period during which the loss or breach occurred (or up to EUR 10.00 if the Services are free) (“Limits of Liability”).
b. If twinzo causes you any damage, it is obligated to compensate you only up to the amounts of the Limits of Liability. This limitation applies regardless of the legal basis under which the damage is to be compensated, including non-contractual obligations arising in connection with these Terms, Services and/or software related to the Services. You also confirm that neither you nor twinzo, at the time of concluding this Agreement, could have foreseen, considering the facts known at the time of concluding these Terms, that as a result of a breach of a legal obligation, it could cause damage to its counterpart exceeding the Limits of Liability.
c. To the maximum extent permitted by the applicable law, you can't recover any (i) consequential losses or damages; (ii) loss of actual or anticipated profits (whether direct or indirect); (iii) loss of actual or anticipated income (whether direct or indirect); (iv) loss of contract or business or other losses or damages arising from your use of the Services in a non-personal capacity; (v) special, indirect, incidental or punitive losses or damages; and (vi) to the extent permitted by law, direct losses or damages in excess of the caps specified in section 12.a above (Limits of Liability). These limitations and exclusions apply if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or the software related to the Services.
d. Twinzo is not obligated to compensate you for any damage that may arise to you in connection with these Terms, Services or software related to the Services if caused by circumstances excluding liability under Section 374 para. 1 of the Act No. 513/1991 Coll., the Slovak Commercial Code and force majeure. Furthermore, twinzo is not responsible or liable for any failure to perform or delay in performing its obligations under these Terms to the extent that the failure or delay is caused by circumstances beyond twinzo’s reasonable control (such as labor disputes, acts of God, war or terrorist activity, malicious damage, accidents or compliance with any applicable law or government order). Twinzo will endeavor to minimize the effects of any of these events and to perform the obligations that aren’t affected.
13. Service-Specific Terms
The terms before and after section 13 apply generally to all Services. This section contains service-specific terms that are in addition to the general terms. These service-specific terms govern if there are any conflicts with the general terms.
a. Store. "Store" refers to a Service that allows you to browse, download, purchase, and rate and review applications (the term “application” includes games) and other digital content. These Terms cover use of certain Stores owned or operated by twinzo or its affiliates. “twinzo Store” means a Store, owned and operated by twinzo or its affiliates, for mobile devices such as phone, PC and tablet, or any other experience that is branded twinzo Store and accessible on devices such as phone, PC, or tablet.
i. License Terms. We will identify the publisher of each application available in the relevant Store. Unless different license terms are provided with the application/upon purchase, the agreement between you and the application publisher setting forth the license terms applicable to an application you download through any Store owned or operated by twinzo or its affiliates shall apply. For clarity, these Terms cover the use of, and Services provided by twinzo (Services). Section 5 of these Terms also applies to any Third-Party Apps and Services acquired through a Store.
ii. Updates. twinzo will automatically check for and download updates to your applications, even if you’re not signed into the relevant Store. You can change your Store or system settings if you prefer not to receive automatic updates to Store applications.
iii. Ratings and Reviews. If you rate or review an application or other digital good in the Store, you may receive email from twinzo containing content from the publisher of the application or digital good. Any such email comes from twinzo; we do not share your email address with publishers of applications you acquire through the Store.
iv. Safety Warning. To avoid possible injury, discomfort or eye strain, you should take periodic breaks from use of games or other applications, especially if you feel any pain or fatigue resulting from usage. If you experience discomfort, take a break. Discomfort might include feelings of nausea, motion sickness, dizziness, disorientation, headache, fatigue, eye strain, or dry eyes. Using applications can distract you and obstruct your surroundings. Avoid trip hazards, stairs, low ceilings, fragile or valuable items that could be damaged. A very small percentage of people may experience seizures when exposed to certain visual images like flashing lights or patterns that may appear in applications. Even people with no history of seizures may have an undiagnosed condition that can cause these seizures. Symptoms may include lightheadedness, altered vision, twitching, jerking or shaking of limbs, disorientation, confusion, loss of consciousness, or convulsions. Immediately stop using and consult a doctor if you experience any of these symptoms, or consult a doctor before using the applications if you’ve ever suffered symptoms linked to seizures. Parents should monitor their children’s use of applications for signs of symptoms.
b. Group Messaging. Various twinzo Services may allow you to send messages to others via voice or SMS ("messages"), and/or allow twinzo and twinzo-controlled affiliates to send such messages to you and one or more other users on your behalf. WHEN YOU INSTRUCT twinzo AND twinzo-CONTROLLED AFFILIATES TO SEND SUCH MESSAGES TO YOU OR TO OTHERS, YOU REPRESENT AND WARRANT TO US THAT YOU AND EACH PERSON YOU HAVE INSTRUCTED US TO MESSAGE CONSENT TO RECEIVE SUCH MESSAGES AND ANY OTHER RELATED ADMINISTRATIVE TEXT MESSAGES FROM twinzo AND twinzo-CONTROLLED AFFILIATES. "Administrative text messages" are periodic transactional messages from a particular twinzo service, including but not limited to a "welcome message" or instructions on how to stop receiving messages. You or group members no longer wishing to receive such messages can opt-out of receiving further messages from twinzo or twinzo-controlled affiliates at any time by following the instructions provided. If you no longer wish to receive such messages or participate in the group, you agree that you will opt out through the instructions provided by the applicable program or service. If you have reason to believe that a group member no longer wishes to receive such messages or participate in the group, you agree to remove them from the group. You also represent and warrant to us that you and each person you have instructed us to message understands that each group member is responsible for the costs of any message charges assessed by his or her mobile carrier, including any international message charges that may apply when messages are transmitted.
This section, and sections 1, 9 (for amounts incurred before the end of these Terms), 10, 11, 12, 15, 17, 18 and those that by their terms apply after these Terms end will survive any termination or cancellation of these Terms; All Services and/or accounts provided upon these Terms shall be deemed canceled and terminated upon termination of these Terms. To the extent permitted by applicable law, we may assign these Terms, subcontract our obligations under these Terms, or sublicense our rights under these Terms, in whole or in part, at any time without notice to you. You may not assign these Terms or transfer any rights to use the Services. This, in connection your particular orders, represents the entire agreement between you and twinzo for your use of the Services. It supersedes any prior agreements between you and twinzo regarding your use of the Services. In entering into these Terms, you have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance other than as expressly set out in these Terms. All parts of these Terms apply to the maximum extent permitted by relevant law. If a court holds that we can't enforce a part of these Terms as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms won't change. These Terms are solely for your and our benefit. These Terms are not for the benefit of any other person, except for twinzo’s successors and assigns. Section headings are for reference only and have no legal effect. Every offer submitted by us is bound by these Terms and any order placed for Services is acceptance of these Terms. In case of conflict between these Terms and your terms, twinzo Terms and conditions prevail.
Claims must be filed within one year. Any claim related to these Terms or the Services must be filed in court within one year of the date you could first file the claim, unless your local law requires a longer time to file claims. If not filed within that time, then it's permanently barred.
16. Export Laws
You must comply with all domestic and international export laws and regulations that apply to the software and/or Services, which include restrictions on destinations, end users, and end use.
17. Reservation of Rights and Feedback
Except as expressly provided under these Terms, twinzo does not grant you a license or any other rights of any type under any patents, know-how, copyrights, trade secrets, trademarks or other intellectual property owned or controlled by twinzo or any related entity, including but not limited to any name, trade dress, logo or equivalents. If you give to twinzo any idea, proposal, suggestion or feedback, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Feedback"), you give to twinzo, without charge, royalties or other obligation to you, the right to make, have made, create derivative works, use, share and commercialize your Feedback in any way and for any purpose. You will not give Feedback that is subject to a license that requires twinzo to license its software, technologies or documentation to any third party because twinzo includes your Feedback in them.
Notices and procedure for making claims of intellectual property infringement. Twinzo respects the intellectual property rights of third parties. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please use our procedures for submitting which procedures form part of these Terms HELPDESK. ONLY INQUIRIES RELEVANT TO THIS PROCEDURE WILL RECEIVE A RESPONSE.
In appropriate circumstances, twinzo may also disable or terminate accounts of users of twinzo Services who may be repeat infringers. Furthermore, in appropriate circumstances, twinzo may suspend processing notices by individuals or entities that frequently submit unfounded notices. A further explanation of the applicable procedures for a given Service, including possible redress for decisions taken by twinzo as part of these procedure, could be communicated individually by twinzo.
Services are copyright ©twinzo and/or its suppliers (as amended from time to time). Twinzo and the names, logos, and icons of all twinzo products, software, and Services may be either unregistered or registered trademarks of the twinzo in Slovakia and/or other jurisdictions. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in these Terms are reserved.